FILED SENATE
Apr 2, 2019
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 562
SESSION 2019 PRINCIPAL CLERK
S D
SENATE BILL DRS45209-ML-81
Short Title: The Second Chance Act. (Public)
Sponsors: Senators Britt, Daniel, and McKissick (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE VARIOUS REVISIONS TO THE EXPUNCTION LAWS OF THIS
3 STATE.
4 The General Assembly of North Carolina enacts:
5
6 PART I. JUVENILE EXPUNCTIONS FOR OFFENSES COMMITTED BETWEEN
7 NOVEMBER 30, 2015, AND THE EFFECTIVE DATE OF THE LEGISLATION
8 KNOWN AS RAISE THE AGE
9 SECTION 1.(a) Article 5 of Chapter 15A of the General Statutes is amended by
10 adding a new section to read:
11 "§ 15A-145.8 Expunction of records for offenders under the age of 18 at the time of
12 conviction of certain misdemeanors and felonies upon completion of the
13 sentence.
14 (a) A person convicted of a misdemeanor or Class H or I felony, other than a traffic
15 offense, committed on or after the person's sixteenth birthday, but before the person's eighteenth
16 birthday, may file a petition for expunction in the trial court upon completion of any sentence or
17 period of probation imposed and payment of any restitution ordered. The court shall hold a
18 hearing and upon finding that (i) the offense was committed on or after the person's sixteenth
19 birthday, but before the person's eighteenth birthday, (ii) any sentence or period of probation was
20 completed, and (iii) the person has no outstanding restitution orders or civil judgments
21 representing amounts ordered for restitution against the person, the court shall order that the
22 person be restored, in the contemplation of the law, to the status the person occupied before such
23 conviction. A person convicted of multiple offenses shall be eligible to have those convictions
24 expunged pursuant to this section.
25 (b) Nothing in this section shall be interpreted to allow the expunction of (i) any offense
26 involving impaired driving as defined in G.S. 20-4.01(24a) or (ii) any offense requiring
27 registration pursuant to Article 27A of Chapter 14 of the General Statutes, whether or not the
28 person is currently required to register.
29 (c) Any petition for expungement under this section shall be on a form approved by the
30 Administrative Office of the Courts and shall be filed with the clerk of superior court in the
31 county where the person was convicted. Upon order of expungement, the clerk shall forward the
32 petition to the Administrative Office of the Courts.
33 (d) No person as to whom such order has been entered shall be held thereafter under any
34 provision of any laws to be guilty of perjury or otherwise giving a false statement by reason of
35 that person's failure to recite or acknowledge such arrest, or indictment, information, or trial, or
36 response to any inquiry made of the person for any purpose.
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 General Assembly Of North Carolina Session 2019
1 (e) The court shall also order that the conviction be expunged from the records of the
2 court. The court shall direct all law enforcement agencies, the Division of Adult Correction and
3 Juvenile Justice of the Department of Public Safety, the Division of Motor Vehicles, and any
4 other State or local government agencies identified by the petitioner as bearing record of the same
5 to expunge their records of the petitioner's conviction. The clerk shall notify State and local
6 agencies of the court's order as provided in G.S. 15A-150.
7 (f) No filing fee shall be required to file a petition under this section, and the costs of
8 expunging the records shall not be taxed against the petitioner."
9 SECTION 1.(b) This section is effective December 1, 2019, and applies to offenses
10 committed on or before that date.
11
12 PART II. PROSECUTOR ACCESS TO EXPUNGED FILES
13 SECTION 2.(a) G.S. 15A-151.5(a) reads as rewritten:
14 "(a) Notwithstanding any other provision of this Article, the Administrative Office of the
15 Courts shall make all confidential files maintained under G.S. 15A-151 electronically available
16 to all prosecutors of this State if the criminal record was expunged on or after July 1, 2018, under
17 any of the following:
18 (1) G.S. 15A-145. Expunction of records for first offenders under the age of 18 at
19 the time of conviction of misdemeanor; expunction of certain other
20 misdemeanors.
21 (2) G.S. 15A-145.1. Expunction of records for first offenders under the age of 18
22 at the time of conviction of certain gang offenses.
23 (3) G.S. 15A-145.2. Expunction of records for first offenders not over 21 years of
24 age at the time of the offense of certain drug offenses.
25 (4) G.S. 15A-145.3. Expunction of records for first offenders not over 21 years of
26 age at the time of the offense of certain toxic vapors offenses.
27 (5) G.S. 15A-145.4. Expunction of records for first offenders who are under 18
28 years of age at the time of the commission of a nonviolent felony.
29 (6) G.S. 15A-145.5. Expunction of certain misdemeanors and felonies; no age
30 limitation.
31 (7) G.S. 15A-145.6. Expunctions for certain defendants convicted of prostitution.
32 (7a) G.S. 15A-145.7. Expunction of records for first offenders under 20 years of
33 age at the time of the offense of certain offenses.
34 (7b) G.S. 15A-145.8. Expunction of records for offenders under the age of 18 at
35 the time of conviction of certain misdemeanors and felonies upon completion
36 of the sentence.
37 (8) G.S. 15A-146(a). Expunction of records when charges are dismissed.
38 (9) G.S. 15A-146(a1). Expunction of records when charges are dismissed."
39 SECTION 2.(b) This section is effective December 1, 2019.
40
41 PART III. STREAMLINE EXPUNCTIONS FOR CHARGES NOT RESULTING IN
42 CONVICTION
43 SECTION 3.(a) G.S. 15A-146 reads as rewritten:
44 "§ 15A-146. Expunction of records when charges are dismissed or there are findings of not
45 guilty.
46 (a) Dismissal Prior to December 1, 2019. – If any person is charged with a crime, either
47 a misdemeanor or a felony, or was charged with an infraction under G.S. 18B-302(i) prior to
48 December 1, 1999, infraction, and the charge is dismissed, dismissed prior to December 1, 2019,
49 that person or a prosecutor may petition the court of the county where the charge was brought
50 for an order to expunge from all official records any entries relating to his that person's
51 apprehension or trial. The court shall hold a hearing on the petition and, upon finding that the
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1 person had not previously been convicted of any felony under the laws of the United States, this
2 State, or any other state, Upon finding that the charge was dismissed, the court shall order the
3 expunction. No person as to whom such an order has been entered shall be held thereafter under
4 any provision of any law to be guilty of perjury, or to be guilty of otherwise giving a false
5 statement or response to any inquiry made for any purpose, by reason of his failure to recite or
6 acknowledge any expunged entries concerning apprehension or trial.
7 (a1) Multiple Dismissals. – Notwithstanding subsection (a) of this section, if If a person is
8 charged with multiple offenses and the any charges are dismissed, then a person may petition to
9 have each of the dismissed charges expunged. The court shall hold a hearing on the petition. If
10 the court finds that all of the person had not previously been convicted of any felony under the
11 laws of the United States, this State, or any other state, charges were dismissed, the court shall
12 order the expunction. If the court finds that all of the charges were not dismissed, the court shall
13 hold a hearing and may order the expunction of any of the dismissed charges.
14 (a2) Finding of Not Guilty Prior to December 1, 2019. – If any person is charged with a
15 crime, either a misdemeanor or a felony, or an infraction under G.S. 18B-302(i) prior to
16 December 1, 1999, infraction, and a finding of not guilty or not responsible is entered, entered
17 prior to December 1, 2019, that person or a prosecutor may petition the court of the county where
18 the charge was brought for an order to expunge from all official records any entries relating to
19 apprehension or trial of that crime. The court shall hold a hearing on the petition and upon finding
20 that the person had not previously been convicted of any felony under the laws of the United
21 States, this State, or any other state, Upon determining that a finding of not guilty or not
22 responsible was entered, the court shall order the expunction. No person as to whom such an
23 order has been entered shall be held thereafter under any provision of any law to be guilty of
24 perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for
25 any purpose, by reason of failure to recite or acknowledge any expunged entries concerning that
26 crime. If a person is charged with multiple offenses and findings of not guilty or not responsible
27 are made on charges, then a person or a prosecutor may petition to have each of the charges
28 disposed by a finding of not guilty or not responsible expunged. The court shall hold a hearing
29 on the petition. If the court finds that the person had not previously been convicted of any felony
30 under the laws of the United States, this State, or any other state, Upon determining that findings
31 of not guilty or not responsible were entered, the court shall order the expunction.
32 (a3) Effect of Expunction. – No person as to whom such an order has been entered by a
33 court or by operation of law under this section shall be held thereafter under any provision of any
34 law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to
35 any inquiry made for any purpose, by reason of his the person's failure to recite or acknowledge
36 any expunged entries concerning apprehension or trial.
37 (a4) Dismissal on or After December 1, 2019. – If any person is charged with a crime,
38 either a misdemeanor or felony, or an infraction, and the charge is dismissed on or after December
39 1, 2019, the dismissed charge is expunged by operation of law. The prosecutor or other judicial
40 officer who ordered the dismissal shall provide notice of the dismissal and expunction to the
41 clerk.
42 (a5) Finding of Not Guilty on or After December 1, 2019. – If any person is charged with
43 a crime, either a misdemeanor or felony, or an infraction, and a finding of not guilty or not
44 responsible is entered on or after December 1, 2019, the court that entered the finding shall order
45 the expunction from all official records any entries relating to apprehension or trial of that crime.
46 If a person is charged with multiple offenses and findings of not guilty or not responsible are
47 made on charges, then the court that entered the findings shall order the expunction from all
48 official records any entries relating to apprehension or trial of those crimes.
49 (a6) Hearing. – Except as otherwise specifically provided in this section, a court may grant
50 a petition for expunction under this section without a hearing.
51 …
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1 (c) Any petition for expungement under this section shall be on a form approved by the
2 Administrative Office of the Courts and be filed with the clerk of superior court. Upon order of
3 expungement, expungement by a court or by operation of law, the clerk shall notify State and
4 local agencies of the court's order as provided in G.S. 15A-150 and forward the petition to the
5 Administrative Office of the Courts.
6 …."
7 SECTION 3.(b) G.S. 15A-150(b) reads as rewritten:
8 "(b) Notification to Other State and Local Agencies. – Unless otherwise instructed by the
9 Administrative Office of the Courts pursuant to an agreement entered into under subsection (e)
10 of this section for the electronic or facsimile transmission of information, the clerk of superior
11 court in each county in North Carolina shall send a certified copy of an order granting an
12 expunction to a person named in subsection (a) of this section to (i) all of the agencies listed in
13 this subsection and (ii) the person. person granted the expunction, unless the expunction was
14 granted pursuant to subsections (a4) and (a5) of G.S. 15A-146. An agency receiving an order
15 under this subsection shall purge from its records all entries made as a result of the charge or
16 conviction ordered expunged, except as provided in G.S. 15A-151. The list of agencies is as
17 follows:
18 (1) The sheriff, chief of police, or other arresting agency.
19 (2) When applicable, the Division of Motor Vehicles.
20 (3) Any State or local agency identified by the petition as bearing record of the
21 offense that has been expunged.
22 (4) The Department of Public Safety, Combined Records Section.
23 (5) The State Bureau of Investigation."
24 SECTION 3.(c) By February 1, 2020, the Department of Public Safety, in
25 conjunction with the Department of Justice and the Administrative Office of the Courts, shall
26 jointly develop and submit a report to the Joint Legislative Oversight Committee on Justice and
27 Public Safety on recommendations and the costs involved to automate the expunction process
28 for all State agencies with records subject to expunction orders and ensure the efficacy of the
29 record expunction.
30 SECTION 3.(d) Subsections (a) through (a2) and (a6) of G.S. 15A-146, as amended
31 by subsection (a) of this section, becomes effective December 1, 2019, and applies to petitions
32 filed on or after that date. The remainder of subsection (a) of this section becomes effective
33 December 1, 2019. The remainder of this section is effective when it becomes law.
34
35 PART IV. ALLOW EXPUNCTION OF MULTIPLE NONVIOLENT MISDEMEANOR
36 OR FELONY CONVICTIONS
37 SECTION 4.(a) G.S. 15A-145.5 reads as rewritten:
38 "§ 15A-145.5. Expunction of certain misdemeanors and felonies; no age limitation.
39 (a) For purposes of this section, the term "nonviolent misdemeanor" or "nonviolent
40 felony" means any misdemeanor or felony except the following:
41 (1) A Class A through G felony or a Class A1 misdemeanor.
42 (2) An offense that includes assault as an essential element of the offense.
43 (3) An offense requiring registration pursuant to Article 27A of Chapter 14 of the
44 General Statutes, whether or not the person is currently required to register.
45 (4) Any of the following sex-related or stalking offenses: G.S. 14-27.25(b),
46 14-27.30(b), 14-190.7, 14-190.8, 14-190.9, 14-202, 14-208.11A, 14-208.18,
47 14-277.3, 14-277.3A, 14-321.1.
48 (5) Any felony offense in Chapter 90 of the General Statutes where the offense
49 involves methamphetamines, heroin, or possession with intent to sell or
50 deliver or sell and deliver cocaine.
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1 (6) An offense under G.S. 14-12.12(b), 14-12.13, or 14-12.14, or any offense for
2 which punishment was determined pursuant to G.S. 14-3(c).
3 (7) An offense under G.S. 14-401.16.
4 (7a) An offense under G.S. 14-54(a), 14-54(a1), or 14-56.
5 (8) Any felony offense in which a commercial motor vehicle was used in the
6 commission of the offense.
7 (8a) An offense involving impaired driving as defined in G.S. 20-4.01(24a).
8 (9) Any offense that is an attempt to commit an offense described in subdivisions
9 (1) through (8a) of this subsection.
10 (b) Notwithstanding any other provision of law, if the person is convicted of more than
11 one nonviolent felony or nonviolent misdemeanor in the same session of court and none of the
12 nonviolent felonies or nonviolent misdemeanors are alleged to have occurred after the person
13 had already been served with criminal process for the commission of a nonviolent felony or
14 nonviolent misdemeanor, then the multiple nonviolent felony or nonviolent misdemeanor
15 convictions shall be treated as one nonviolent felony or nonviolent misdemeanor conviction
16 under this sect