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NC H865
Bill
Status
4/16/2019
Primary Sponsor
Joe John
Click for details
AI Summary
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Removes the 12-month waiting period for individuals to petition for a Certificate of Relief if they provide proof of good behavior during sentence completion or completion of education, vocational, substance abuse, or mental health programs, effective December 1, 2019.
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Prohibits private entities that compile and disseminate criminal history records from charging fees to delete records and requires deletion within 10 business days of receiving notice to delete (or within timeframe specified in licensing agreements with state agencies).
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Expands the definition of "criminal history record information" to include photographs taken of a person at arrest, making these subject to deletion requirements.
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Makes it an unfair and deceptive trade practice under North Carolina law for private entities to fail to delete criminal history records in violation of the statute, allowing prevailing parties to recover damages, court costs, and reasonable attorneys' fees.
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Restricts private entities licensed to access state criminal history databases from disseminating information unless originally obtained or updated within the preceding 90 days, with exemptions for entities regulated by the Fair Credit Reporting Act or Gramm-Leach-Bliley Act.
Legislative Description
Remove Wait for COR & Revise Mug Shot Law
Last Action
Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House
4/22/2019