SB 614 — Expunctions Related to Raise the Age.

Bill Text

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill adds provisions for the expunction of certain offenses committed by individuals under 18, enhancing access to expungement for this population.

• G.S. 15A-145.8

  § 15A-145.8 Expunction of records for offenders under the age of 18 at the time of conviction of certain misdemeanors and felonies upon completion of the sentence. (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 birthday, may file a petition for expunction in the trial court upon completion of any sentence or period of probation imposed and payment of any restitution ordered. The court shall hold a hearing and upon finding that (i) the offense was committed on or after the person's sixteenth birthday, but before the person's eighteenth birthday, (ii) any 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. A person convicted of multiple offenses shall be eligible to have those convictions expunged pursuant to this section. (b) Nothing in this section shall be interpreted to allow the expunction of (i) any offense involving impaired driving as defined in G.S. 20-4.01(24a) or (ii) any offense requiring registration pursuant to Article 27A of Chapter 14 of the General Statutes, whether or not the person is currently required to register. (c) Any petition for expungement under this section shall be on a form approved by the Administrative Office of the Courts and shall be filed with the clerk of superior court in the county where the person was convicted. Upon order of expungement, the clerk shall forward the petition to the Administrative Office of the Courts. (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 that person's failure to recite or acknowledge such arrest, or indictment, information, or trial, or response to any inquiry made of the person for any purpose. (e) The court shall also order that the conviction be expunged from the records of the court. The court shall direct all law enforcement agencies, the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, the Division of Motor Vehicles, and any other State or local government agencies identified by the petition as bearing record of the same to expunge their records of the petitioner's conviction. The clerk shall notify State and local agencies of the court's order as provided in G.S. 15A-150. (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.

  This addition establishes a new process for expunging certain offenses for individuals under 18, provided they meet specific criteria.

• G.S. 15A-151.5

  (a) Notwithstanding any other provision of this Article, the Administrative Office of the Courts shall make all confidential files maintained under G.S. 15A-151 electronically available to all prosecutors of this State. → (a) Notwithstanding any other provision of this Article, the Administrative Office of the Courts shall make all confidential files maintained under G.S. 15A-151 electronically available to all prosecutors of this State if the criminal record was expunged on or after July 1, 2018, under any of the following: (1) G.S. 15A-145. Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors. (2) G.S. 15A-145.1. Expunction of records for first offenders under the age of 18 at the time of conviction of certain gang offenses. (3) G.S. 15A-145.2. Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses. (4) G.S. 15A-145.3. Expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses. (5) G.S. 15A-145.4. Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony. (6) G.S. 15A-145.5. Expunction of certain misdemeanors and felonies; no age limitation. (7) G.S. 15A-145.6. Expunctions for certain defendants convicted of prostitution. (7a) G.S. 15A-145.8. Expunction of records for offenders under the age of 18 at the time of conviction of certain misdemeanors and felonies upon completion of the sentence.

  This change expands the criteria under which prosecutors can access expunged records to include a new category for offenders under 18.

Action History

1. April 04, 2019

   Passed 1st Reading

2. April 04, 2019

   Ref To Com On Rules and Operations of the Senate

3. April 03, 2019

   Filed

Sponsors

• Nickel · Primary
• McKissick · Primary
• Jr. Danny Earl Britt · Cosponsor
• Foushee · Cosponsor
• Van Duyn · Cosponsor
• Kandie D. Smith · Cosponsor
• Gladys A. Robinson · Cosponsor
• Mujtaba A. Mohammed · Cosponsor

Subjects