HB 121 — Expunction Related to RTA/No Conviction.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 21 HOUSE BILL 121 Committee Substitute Favorable 2/27/19 Short Title:

Representatives Stevens, Hurley, Jarvis, and Carter (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Judiciary, if favorable, Rules, Calendar, and Operations of the House February 21, 2019 A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE EXPUNCTION OF CERTAIN OFFENSES COMMITTED BETWEEN THE ENACTMENT DATE AND THE EFFECTIVE DATE OF THE LEGISLATION KNOWN AS RAISE THE AGEAGE. AND TO MODIFY THE LAW ON EXPUNCTION OF RECORDS WHEN CHARGES ARE DISMISSED OR THERE ARE FINDINGS OF NOT GUILTY.

97 PART I.

JUVENILE EXPUNCTIONS FOR OFFENSES COMMITTED BETWEEN THE ENACTMENT DATE ANDTHE EFFECTIVE DATE OF THE LEGISLATIONKNOWN AS RAISE THE AGE SECTION 1.(a) Article 5 of Chapter 15A of the General StatutesStatues is amended by adding a new section to read:

(a) A person convicted of a misdemeanor or Class H or I felony, other than a traffic offense, committed on or after the person's sixteenth birthday, but before the person's eighteenth birthdaybirthday, may receivefile ana expunction.petition for expunction in the trial court upon completion of any sentence or period of probation imposed and payment of any restitution ordered.

UponThe completioncourt ofshall anyhold sentencea orhearing period of probation imposed and paymentupon of anyrestitution ordered, the court shall enter a finding that (i) the offense was committed on or after the person's sixteenth birthday, but before the person's eighteenth birthday, (ii) anyanysentence sentence or period of probation was completed, and (iii) the person has no outstanding restitution orders or civil judgments representing amounts ordered for restitution against the person, the court shall order that the person be restored, in the contemplation of the law, to the status the person occupied before such conviction.

(c) UponAny orderpetition offor expungement,expungement theunder clerkthis section shall forwardbe theon ordera toform approved by the Administrative Office of the Courts.Courts and shall be filed with the clerk of superior court in the county where the person was convicted.

(d)Upon No person as to whom such order has been entered shall be held thereafter under any provision of anyexpungement, lawsthe toclerk beshall guiltyforward ofthe perjurypetition or otherwise giving a false statement by reason of that person's failure to recitethe orAdministrative acknowledgeOffice such arrest, or indictment, information, or trial, or response to any inquiry made of the personCourts. for any purpose.

*H121-v-2*(d) No person as to whom such order has been entered shall be held thereafter under any provision of any laws to be guilty of perjury or otherwise giving a false statement by reason of *H121-v-1* General Assembly Of North Carolina Session 2019 (e)that Theperson's courtfailure shallto alsorecite orderor thatacknowledge thesuch convictionarrest, beor expungedindictment, frominformation, theor recordstrial, or response to any inquiry made of the court.person for any purpose.

(e) The court shall also order that the conviction be expunged from the records of the court.

(f) No filing fee shall be required to file a petition under this section, and the costs of expunging the records shall not be taxed against the petitioner." SECTION 1.(b) This section is effective December 1, 2019, and applies to offenses committed onbetween or after July 1, 2017, and on or before November 30, 2019.

The court shall hold a hearing on the petition and, upon finding that the person had not previously been convicted of any felony under the laws of the United States, this State, or any Page 2 House Bill 121-First Edition General Assembly Of North Carolina Session 2019 other state, Upon finding that the charge was dismissed, the court shall order the expunction.

No person as to whom such an order has been entered shall be held thereafter under any provision Page 2 House Bill 121-Second Edition General Assembly Of North Carolina Session 2019 of anylaw to be guiltyof perjury, or to be guiltyof otherwise giving a false statement or response to any inquiry made for any purpose, by reason of his that person's failure to recite or acknowledge any expunged entries concerning apprehension or trial.

House Bill 121-Second121-First Edition Page 3