NC S858

District attorneys gain discretion to waive prior convictions not involving moral turpitude and allow defendants to enter deferred prosecution programs.

Defendants 18 years old or younger at the time of offense are entitled to automatic placement on deferred prosecution for misdemeanors, with exceptions for domestic offenses under G.S. 50B-1(b).

Upon successful completion of deferred prosecution and dismissal of charges, defendants automatically receive expunction under G.S. 15A-146(d) upon payment of $175.00 by the defendant.

The clerk of superior court must automatically file an expunction petition on the defendant's behalf upon dismissal of charges for misdemeanors deferred under this statute.

The bill appropriates $1,000 in nonrecurring funds to the Administrative Office of the Courts for implementation and becomes effective December 1, 2016, applying to offenses committed on or after that date.