North Carolina 2019-2020 Session Status: In Committee Bipartisan · 4 D · 3 R cosponsors

SB 82 — Dismissal or Not Guilty/Automatic Expunction.

Last action — Withdrawn From Com

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

70 added · 70 removed

Plain-language change summary

The amendment to SB 82 adds clarifications about the process of expunging criminal records, specifically addressing individuals who have been found not guilty or not responsible for multiple charges. It emphasizes that these individuals can request to have all related charges expunged if they meet certain conditions, such as having no felony convictions. Additionally, the bill now includes provisions for expunging DNA records from state databases when a person's case is dismissed. This change is significant because it provides a clearer and fairer pathway for individuals seeking to move on from their past accusations, helping to reduce the lasting impact of being charged with a crime they did not commit.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Feb 19, 2019 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 1 SENATE BILL 82 Short Title:
82 SESSION 2019 PRINCIPAL CLERK S D SENATE BILL DRS45031-MLf-41 Short Title:
Senators McKissick, Daniel, and Britt (Primary Sponsors).
Senators McKissick,Daniel,Britt (PrimarySponsors);
deViere,J.Jackson,Lowe, Marcus, Mohammed, Nickel, Smith, and Waddell.
A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE AUTOMATIC EXPUNCTION OF CERTAIN RECORDS OF A PERSON WHEN THE CHARGE OR CHARGES AGAINST THE PERSON ARE DISMISSED OR THERE ARE FINDINGS OF NOT GUILTY.
Rules and Operations of the Senate February 20, 2019 A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE AUTOMATIC EXPUNCTION OF CERTAIN RECORDS OF A PERSON WHEN THE CHARGE OR CHARGES AGAINST THE PERSON ARE DISMISSED OR THERE ARE FINDINGS OF NOT GUILTY.
the court that entered the finding shall order the expunction from all official records any entries relating to apprehension or trial of that crime.
the court that entered the finding shall order the expunction from all official records any entries relating to apprehension or trial of that *S82-v-1* General Assembly Of North Carolina Session 2019 crime.
No person as to whom such an order has been entered shall be held thereafter under any *DRS45031-MLf-41* General Assembly Of North Carolina Session 2019 provision of any law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of failure to recite or acknowledge any expunged entries concerning that crime.
No person as to whom such an order has been entered shall be held thereafter under any provision of any law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of failure to recite or acknowledge any expunged entries concerning that crime.
…." Page 2 DRS45031-MLf-41 General Assembly Of North Carolina Session 2019 SECTION 3.
Page 2 Senate Bill 82-First Edition General Assembly Of North Carolina Session 2019 …." SECTION 3.
DRS45031-MLf-41 Page 3
Senate Bill 82-First Edition Page 3
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Action History

  1. Withdrawn From Com

  2. Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  3. Passed 1st Reading

  4. Ref To Com On Rules and Operations of the Senate

  5. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 9 co-sponsors · 168 not signed on

Sponsors (2)

Co-sponsors (9)

Not signed on (168)

168 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 82?
SB 82 is sponsored by McKissick, Warren Daniel (Republican), Danny Earl Britt, Jr. (Republican), deViere, Paul A. Lowe, Jr. (Democratic), Marcus, Nickel, Joyce Waddell (Democratic), Kandie D. Smith (Democratic), Mujtaba A. Mohammed (Democratic), and Brent Jackson (Republican).
What is the current status of SB 82?
This bill died with 2019-2020 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 82?
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