Enacts new GS 15A 145.4 to create procedures and criteria for the expunction of a nonviolent felony conviction from the record of an offender who: (1) had not previously been convicted of any felony or misdemeanor (except for traffic violations) at the time of the offense; (2) was convicted of a felony violation of GS 14-54 (breaking or entering buildings generally) with intent to commit a larceny involving a thing of value of less than $350, GS 14-56 (breaking or entering into or breaking out of railroad cars, motor vehicles, trailers, aircraft, boats, or other watercraft), GS 14-71.1 (possessing stolen goods), GS 14-100 (obtaining property by false pretenses) where the thing of value is less than $50,000, or GS 90-95(d)(4) (possession of a Schedule VI substance); (3) has no convictions other than the conviction to be expunged and traffic violations at the time of the petition; and (4) has no outstanding warrants or pending criminal cases. Prohibits a petition from being filed earlier than 10 years after the date of conviction or when any active sentence, period of probation, and post release supervision has been served, whichever occurs later. Specifies the content of the petition, requires service upon the district attorney of the court where the conviction was obtained, permits the district attorney to file objections within 30 days after service, and provides for victim notification.
Allows the court to take any of the following steps and consider at least the following issues in rendering a decision upon a petition: (1) call upon a probation officer for additional investigation or verification of the petitioner’s conduct during period of time since the conviction, (2) review the results of a state and national criminal record check, (3) review the amount of restitution made and give consideration to whether or not restitution was paid in full, and (4) review any other relevant information. Allows the court to order that the petitioner be restored to the status occupied before the arrest, indictment, or information if the court finds all of the following after a hearing: (1) the petitioner remained of good moral character for the period of time since conviction of the felony in question or any active sentence, period of probation, or post-release supervision has been served, whichever is later; (2) the petitioner has not been previously convicted of any felony or misdemeanor other than a traffic violation; (3) the petitioner has no outstanding warrants or pending criminal cases; (4) the petitioner has no outstanding restitution orders or civil judgments representing amounts ordered for restitution; and (5) the search of the confidential records of expunction conducted by the Administrative Office of the Courts (AOC) shows that the petitioner has not been previously granted an expunction.
Requires the court to also order that the conviction be expunged from the records of the court and direct all law enforcement agencies to expunge their records of the conviction. Directs the clerk of court to notify state and local government agencies of the court’s order, as indicated.
Allows the petitioner to whom the petition to expunge has been granted to notify other state and local government agencies of the order; the agencies must then expunge entries made as a result of the conviction. Also allows the person to request that the agency reverse any administrative action taken against the person as a result of the expunged charge or conviction; the agency may use its discretion in deciding whether or not to do so. Exempts the Department of Justice for purposes of DNA records and samples stored in the state DNA database and databank from this provision.
Provides that a person filing a petition for expunction pay a fee of $200, unless the person is indigent; $100 of the fee is to be remitted to the Department of Justice to pay the costs of the State Bureau of Investigation for purging records and the remaining $100 goes to the AOC for implementation costs. States that persons required by state law to obtain a criminal background check on a prospective employee will not be deemed to have knowledge of convictions expunged under the statute.
Amends GS 15A-151(a) to add specified entities and purposes to the list of those that the AOC may disclose confidential information to.
Amends GS 17C-13 and GS 17E-12 to provide that the North Carolina Criminal Justice Education and Training Standards Commission and the North Carolina Sheriffs' Education and Training Standards Commission may gain access to a person’s felony conviction records, including those maintained by AOC in its confidential files and may deny, suspend, or revoke a person’s certification based solely on the person’s felony conviction whether or not it was expunged.
Effective December 1, 2011, and applies to applications for expunction made on or after that date.