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NC S620

Bill

Status

Introduced

4/2/2013

Primary Sponsor

Floyd McKissick

Click for details

Origin

Senate

2013-2014 Session

AI Summary

  • Allows a person who received one expunction for a nonviolent crime charged before age 26 to petition for a second expunction if a subsequent nonviolent crime charge is dismissed or results in a finding of not guilty.

  • Requires petitioner to wait at least five years after the first expunction order before filing for the second expunction and must demonstrate good moral character, no outstanding warrants, and no felony or misdemeanor convictions since the subsequent charge.

  • Excludes violent crimes, sexual offenses, drug trafficking felonies involving methamphetamines or heroin, crimes requiring sex offender registration, and Class A through G felonies from eligibility for expunction under this provision.

  • Court may grant the expunction in its discretion after finding the petitioner meets all statutory requirements; district attorney has 30 days to object and must notify victims of the expunction request.

  • Petitioner must pay a $175 filing fee and submit character affidavits from two unrelated persons; if expunction is granted, law enforcement and government agencies must expunge all records related to the charges.

Legislative Description

Allow More Than One Expunction

Last Action

Ref To Com On Rules and Operations of the Senate

4/3/2013

Committee Referrals

Rules and Operations of the Senate4/3/2013

Full Bill Text

No bill text available