Signed by Governor Roy Cooper III

Vote Smart's Synopsis:

Vote to pass a bill that repeals charges that were dismissed or found not guilty, and authorizes the expungement of nonviolent misdemeanors after several years of good behavior.

Highlights:

• Authorizes an individual or district attorney to file a petition for the expungement of any misdemeanor on the person’s record if the offense was committed before December 1, 2019, and the offender was 16-18 years old (Sec. 1). 

• Prohibits offenses that violate motor vehicle laws, including any offense involving impaired driving from being petitioned for expungement (Sec. 1). 

• Requires the district attorney that represents where a crime happened to notify the victim of the petitioned offense in a timely manner (Sec. 1). 

• Requires all state or local government agencies identified by the petitioner as bearing record of the offense to expunge their records of that conviction (Sec. 1). 

• Establishes that the cost to file a petition for expunging a criminal record is $175 (Sec. 1). 

• Requires the Administrative Office of the Courts to make all expunged records electronically available to all prosecutors of the state if the criminal record was expunged on or after July 1, 2018 (Sec. 2). 

• Authorizes courts to expunge an offense if the charge was dismissed, found not guilty or the person was found to not be responsible for the crime (Sec. 3). 

• Establishes that if a person is charged with a crime or an infraction, the charges in the case are expunged under the following circumstances (Sec. 3):

• All charges in the case are disposed on or after December 1, 2021; and

• All charges in the case are dismissed without leave, dismissed by the court or result in a finding of not guilty or not responsible.

• Prohibits a petition from being filed earlier than the following (Sec. 4):

• For expunging one nonviolent misdemeanor, 5 years after the date of the conviction, or when any active sentence, a period of probation or post-release supervision has been served, whichever occurs later;

• For expunging more than one nonviolent misdemeanor, 7 years after the date of the person’s last conviction, other than an unlisted traffic offense in the petition; and

• For expunging one nonviolent felony, 10 years after the date of conviction or 10 years after any active sentence, a period of probation or post-release supervision has been served, whichever occurs later.

• Establishes that the victim of a petitioned expungement has the right to be present at any hearing on the petition and their views and concerns shall be considered by the court at such hearing (Sec. 4).

• Establishes that this law takes effect on December 1, 2020, upon passage, and applies to all petitions filed on or after that date (Sec 4).

Full Bill Text