North Carolina House approves expanding criminal record expungement
(The Center Square) – The North Carolina House has approved a bill that would allow more offenses to be removed from a person’s state criminal record.
Current law allows people to seek expungement for more than one nonviolent misdemeanor or one nonviolent felony, with some exceptions. Senate Bill 301 would allow more felonies to qualify for expungement.
“I heard from a constituent who was really interested in this bill because when he was 18, he got around the wrong crowd and he broke into a house and then got a felony,” Rep. Pricey Harrison, D-Guilford, said. “He subsequently turned his life around. He’s gotten a law degree, but he’s having a hard time getting admitted to the bar because of this felony.”
SB 301 would allow a person to petition the court to remove a second or third nonviolent crime from their record within 24 months once 20 years have passed since the conviction or sentence completion. It would change vehicle burglary’s classification from a violent felony to a nonviolent felony, making it eligible for expungement. It also clarifies that offenses can be expunged in more than one county if the petitions are filed within a 30-day period.
The bill allows a person to get an eligible offense removed from their record if they had a DUI more than five years before filing the petition. DUIs, however, do not qualify for expungement under law.
The General Assembly passed and Gov. Roy Cooper signed the Second Chance Act in June 2020. It allows certain juveniles to have offenses removed from their records and made it easier for adults to seek expungement. The bill received unanimous bipartisan support. Supporters of the Second Chance Act said it would remove economic barriers for about 800,000 people. SB 301 expands the reforms in the measure.
The law now allows only a prosecutor or the offender to petition the court to expunge a juvenile’s record. SB 301 also would let a private or court-appointed attorney file the petition.
The House unanimously approved its version of SB 301, 115-0, on Wednesday. The Senate now must approve the House’s changes. The bill received unanimous approval from the Senate in March.
“I hope that we will continue to work to expand these expungement statutes because there are a lot of folks who need a second chance and these hurdles need to be removed,” Harrison said.
Disclaimer: This content is distributed by The Center Square
