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NC H621

Bill

Status

Introduced

4/6/2017

Primary Sponsor

John Faircloth

Click for details

Origin

House of Representatives

2017-2018 Session

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

Committee Referrals

Rules, Calendar, and Operations of the House4/27/2017
Appropriations4/25/2017
Judiciary II4/10/2017

Full Bill Text

No bill text available