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NC H1115

Bill

Status

Introduced

5/10/2016

Primary Sponsor

Edward Hanes

Click for details

Origin

House of Representatives

2015-2016 Session

AI Summary

  • Requires automatic expunction of records for persons wrongly convicted and later cleared through successful appeal, motion for appropriate relief, writ of habeas corpus, or North Carolina Innocence Inquiry Commission determination of innocence.

  • Makes expunction automatic (without requiring a petition) when charges are dismissed or findings of not guilty/not responsible are entered, with the court ordered to enter the expunction order at the time of dismissal.

  • Expands automatic expunction to cases dismissed under deferred prosecution agreements or conditional discharge agreements.

  • Prohibits expunction of arrest records for offenses under Article 7B of Chapter 14 (domestic violence offenses) and G.S. 50B-4.1(d), even if charges are dismissed or defendant acquitted.

  • Appropriates $10,000 from the General Fund to the Administrative Office of the Courts to implement the act, effective July 1, 2016, with remaining provisions effective December 1, 2016.

Legislative Description

Automatic Expunction/Wrongful Conviction

Last Action

Ref to the Com on Judiciary IV, if favorable, Appropriations

5/11/2016

Committee Referrals

Judiciary IV5/11/2016

Full Bill Text

No bill text available