Loading chat...
NC H621
Bill
Status
4/6/2017
Primary Sponsor
John Faircloth
Click for details
AI Summary
-
Standardizes expungement petition filing procedures by requiring petitions be filed with the clerk of superior court, with the clerk obtaining judicial authorization before forwarding applications to the Department of Public Safety and Administrative Office of the Courts.
-
Creates new section 15A-151.5 allowing prosecutors electronic access to confidential expungement files for records expunged on or after December 1, 2017 under specified statutes (G.S. 15A-145 through 15A-146(a1)).
-
Permits expunged criminal records to be considered in calculating prior record levels during sentencing for subsequent criminal offenses, with expunged convictions serving as prima facie evidence at sentencing hearings.
-
Modifies expungement eligibility timelines, reducing the waiting period for nonviolent felony expungement from 15 years to 10 years and establishing a 5-year waiting period for nonviolent misdemeanors under G.S. 15A-145.5.
-
Amends multiple expungement statutes to clarify that persons with expunged records cannot deny the expungement when testifying at sentencing hearings for subsequent criminal convictions, though the expungement still applies in other contexts.
Legislative Description
Expungement Process Modifications
Last Action
Re-ref Com On Rules, Calendar, and Operations of the House
4/27/2017