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NC S445

Bill

Status

Passed

7/28/2017

Primary Sponsor

Wyatt Tucker

Click for details

Origin

Senate

2017-2018 Session

AI Summary

  • Standardizes expungement petition filing procedures across all expungement statutes, requiring petitions to be filed with the clerk of superior court and forwarded to the Administrative Office of the Courts.

  • Allows prosecutors to access expunged criminal records from July 1, 2018 forward for records expunged under G.S. 15A-145, 15A-145.1, 15A-145.2, 15A-145.3, 15A-145.4, 15A-145.5, 15A-145.6, and certain dismissals under G.S. 15A-146.

  • Permits expunged convictions from July 1, 2018 forward to be used in calculating prior record levels for sentencing purposes when a person is convicted of a subsequent offense.

  • Modifies expungement timelines by reducing the waiting period for nonviolent felony expungements from 15 years to 10 years and allowing nonviolent misdemeanor expungements after 5 years.

  • Clarifies that persons cannot deny expunged arrests or convictions when testifying at sentencing hearings for subsequent criminal offenses, notwithstanding general expungement protections.

Legislative Description

Expungement Process Modifications

Last Action

Ch. SL 2017-195

7/28/2017

Committee Referrals

Rules, Calendar, and Operations of the House6/20/2017
Judiciary II6/13/2017
Rules, Calendar, and Operations of the House4/27/2017
Judiciary4/25/2017
Rules and Operations of the Senate3/29/2017

Full Bill Text

No bill text available