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NC S562

Bill

Status

Passed

6/25/2020

Primary Sponsor

Danny Britt

Click for details

Origin

Senate

2019-2020 Session

AI Summary

Senate Bill 562 Summary

  • Creates new expunction pathway (G.S. 15A-145.8) for offenders under 18 at time of offense who committed misdemeanors or Class H-I felonies before December 1, 2019, allowing expunction after sentence completion with no outstanding restitution.

  • Grants prosecutors electronic access to expunged records from July 1, 2018 forward for specified expunction statutes, allowing use of expunged convictions for calculating prior record level, habitual offender indictment, and evidentiary purposes.

  • Implements automatic expunction by operation of law for dismissed or not guilty charges disposed on or after December 1, 2021, eliminating need for petition filing in those cases.

  • Modifies G.S. 15A-145.5 to allow expunction of multiple nonviolent misdemeanors (7-year wait) and one nonviolent felony (10-year wait) with no age limitation, clarifying eligibility criteria and court procedures.

  • Establishes $175 filing fee for expunction petitions, with proceeds split between Department of Public Safety ($122.50) and Administrative Office of the Courts ($52.50), exempting indigent petitioners.

Legislative Description

The Second Chance Act

Last Action

Ch. SL 2020-35

6/25/2020

Committee Referrals

Rules, Calendar, and Operations of the House7/10/2019
Judiciary6/28/2019
Rules, Calendar, and Operations of the House5/9/2019
Rules and Operations of the Senate5/2/2019
Judiciary4/17/2019
Rules and Operations of the Senate4/3/2019

Full Bill Text

No bill text available