15A-145.8. G.S. If the affected person files for an expunction and is not indigent, a $175 fee is due on filing. If a person is found not guilty of any charges and any related criminal charges have reached final disposition, the court must grant an expunction petition. There is no requirement of notice to the alleged victim. USLegal fulfills industry-leading security and compliance standards. Cherry-Lassiter says the Second Chance Act can potentially help thousands of North Carolinians get back on the right track. Bill Summary: North Carolina Second Chance Act (SB 562, Sens. Access the most extensive library of templates available. State, tribal or local . 15A-146 contains three different provisions for petitioning for expunctions, effective for petitions filed on or after December 1, 2020. It supports the funding of federal and state prisons for re-entry programs and system reforms. 15A-151.5 to give prosecutors access to the record of expunctions in most circumstances for expunctions granted on or after July 1, 2018. In contrast, for expunctions by petition (under the previous and current version of G.S. 15A-145.5, not other expunction statutes, and the offense was committed after the date of the previous order of expunction. Senate Bill 562: The Second Chance Act; Governor Cooper shared this statement on SB 562: "We can give people who make amends for past mistakes the opportunity to clear their records. G.S. A person may not obtain an expunction under G.S. Additionally, the Second Chance Act Home Confinement Pilot Program and the changes to 18 U.S.C. (stating that court “shall” order expunction). RALEIGH — After being passed 119-0 in the House and 47-0 in the Senate, S.B. If you're not eligible for an expungement under current law we'll check to see if the Second Chance Act could help you when/if it becomes law in the coming months. This last circumstance is particularly significant. Automatic expunction is available for both criminal charges and for charges of infractions. The subsection states that if any charge resulted in a conviction on the day of dismissal or has not yet reached final disposition, the court may order expunction of any charges that were dismissed. Guarantees that a business meets BBB accreditation standards in the US and Canada. 16 West Jones Street. A person must proceed by petition, discussed below. Ensure the security of your data and transactions, THE NOMOS OF THE EARTH MILITARISATION OF THE PARADIGM OR - Paperroom Ipsa. The highest level of recognition among eCommerce customers. The Second Chance Act, also known as SB 562, makes various revisions to the expunction laws of the state including the expunction of records for offenders between the ages of 16 and 18 years old who committed the offense before Dec. 1, 2019, and completed their sentence, probation or court-ordered community service. 15A-146 applies to acquittals in cases involving single or multiple charges. To be eligible for an expunction, the person must meet the following requirements: If the person meets these criteria, expunction is mandatory. The person must not have a conviction for another felony at any time or a conviction for a misdemeanor at any time that is an exception to the term “nonviolent” misdemeanor. View Available Bill Summaries. The Second Chance Act authorizes funding to states, tribal, or local prosecutors to expand, develop or implement qualified drug treatment programs that are alternatives to imprisonment. Effective for charges disposed of on or after December 1, 2021, new G.S. Section 3 of the Second Chance Act eliminates barriers to the expunction of nonconviction records—that is, dismissals and acquittals—and streamlines the expunction process. Read the solicitation document carefully for further guidance. American citizens who are directly impacted by this issue can’t wait, and times are more desperate than ever. 15A-145.8 applies to convictions of all Class H and I felonies and all misdemeanors for offenses committed before December 1, 2019, with two exceptions. 2020-35 (S 562), which passed the General Assembly unanimously. 15A-146 applies to dismissals in cases involving a single charge. G.S. The easy-to-use drag&drop graphical user interface makes it simple to include or relocate fields. Subsection (a) of G.S. USLegal has been awarded the TopTenREVIEWS Gold Award 9 years in a row as the most comprehensive and helpful online legal forms services on the market today. 2019-2020 Session View Bill Digest. Second Chance Act: How a simple change in criminal records could keep formerly incarcerated from going back to prison in North Carolina. How long does it normally take for a new form to become available? John, thanks for this. If all charges are dismissed, the court must grant an expunction petition. Our office will pull your North Carolina criminal record and let you know whether you are eligible for an expungement. Legislative Building. The Second Chance Act automatically expunges the records of innocent people and allows non-violent offenders to petition for expungement after a period of good behavior. USLegal received the following as compared to 9 other form sites. Section 1 of the Second Chance Act addresses an unresolved discrepancy resulting from North Carolina’s passage of “Raise the Age” legislation—namely, the difference in treatment of 16- and 17-year olds convicted as adults before the “Raise the Age” legislation took effect December 1, 2019, and juveniles who are charged with similar offenses after that date and whose cases remain in the juvenile system, shielded from public view. North Carolina continues to make gradual strides in helping people clear their criminal records and enhance their opportunities going forward. This bill offers that opportunity and a path to good jobs and a brighter future." North Carolina House of Representatives members work in the opening of a special session of the General Assembly in the House Chambers of the Legislative Building in Raleigh. 15A-146 and, once effective, revised G.S. This does not apply to individuals convicted in a federal court. 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