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NC S411

Bill

Status

Introduced

3/24/2015

Primary Sponsor

Floyd McKissick

Click for details

Origin

Senate

2015-2016 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary I4/20/2015
Rules and Operations of the Senate3/25/2015

Full Bill Text

No bill text available