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NC S411
Bill
Status
3/24/2015
Primary Sponsor
Floyd McKissick
Click for details
AI Summary
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Allows individuals with a prior expunction for a nonviolent crime charged when under age 26 to petition for expunction of a subsequent nonviolent crime that was dismissed or resulted in a not guilty verdict, with a minimum five-year waiting period after the first expunction.
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Petitioner must demonstrate good moral character, have no outstanding warrants or pending cases, have no felony or misdemeanor convictions (except traffic violations), and have no outstanding restitution orders or civil judgments.
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Requires petitioner to submit affidavits from two unrelated individuals attesting to good character, an authorization for criminal history record checks, and a statement acknowledging this is a motion in the original case.
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Defines nonviolent crimes as those excluding Class A-G felonies, Class A1 misdemeanors, violent offenses, sex offenses, stalking, drug felonies involving methamphetamine/heroin/cocaine, and certain other serious offenses.
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Court may grant expunction in its discretion if all conditions are met; petitioner limited to one additional expunction under this section, and a $175 filing fee applies (except for indigent petitioners).
Legislative Description
Additional Expunction/Dismiss or Not Guilty
Last Action
Re-ref Com On Judiciary I
4/20/2015