My School of Government colleague, Jacqui Greene, wrote a blog about the interrelationship between the Raise the Age provisions and the new juvenile expunction provisions. First, it gives prosecutors access to the record of expunctions granted under G.S. 15A-145.8 of a conviction of a violation of the motor vehicle laws under Chapter 20 of the North Carolina General Statutes, including impaired driving offenses, or of a conviction of an offense requiring registration as a sex offender under Article 27A of Chapter 14 of the General Statutes, whether or not the person is currently required to register. 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. The transformative legislation of the Second Chance Act was made possible by a broad range of stakeholders, especially people with criminal records, their … On June 25, 2020, the Governor signed the Second Chance Act, S.L. As under current law, there is no filing fee except for dismissals pursuant to a deferred prosecution agreement or a conditional discharge. The conviction-related criteria for expunction of one nonviolent felony conviction are: Access by Prosecutors and Law Enforcement to Record of Expunction. 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. The victim has the right to be heard at the hearing on a petition; however, expunction is mandatory if the petition satisfies the statutory criteria. This hearing provision therefore applies to expunction petitions under current G.S. What are the big changes in the Second Chance Act? To be eligible for an expunction, the person must meet the following requirements: If the person meets these criteria, expunction is mandatory. Ensure everything is filled out appropriately, without any typos or lacking blocks. Written By ESR News Blog Editor Thomas Ahearn. Initial SCA (Second Chance Act) Program Component© We provide to you, through research, documents, court cases, central office files, communication with both you and your family via telephone and SCA Questionnaire©, the Court, the DSCC, the Regional CCM Administrator, and other appropriate entities, documentation to support your eligibility and application for the … The revised subsection states that these notice requirements do not apply to automatic expunctions. The person must not have a conviction for a felony or misdemeanor other than for a traffic offense during the seven-year period. Enjoy smart fillable fields and interactivity. Now, working with a How To Apply For Second Chance Act requires not more than 5 minutes. Roy Cooper signed the Second Chance Act (SB 562) into law after it unanimously passed the North Carolina General Assembly. Type all necessary information in the required fillable fields. Legislative Building. The court must grant an expunction petition when a single charge is dismissed. RALEIGH — After being passed 119-0 in the House and 47-0 in the Senate, S.B. 15A-145.5 to create three categories of expunctions: For all three categories, multiple convictions count as “one” conviction if the convictions occurred during the same session of court. The bipartisan “clean slate” Second Chance Act—which first passed the NC Senate on May 8, 2019, one day after more than 1,000 members of the NC Second Chance Alliance visited the NC Legislative Building—automatically expunges criminal charges that are dismissed or disposed “not guilty” after December 1, 2021. William R. Laird Second Chance Driver's License Act ... but have not received a determination regarding being accepted or denied for the Second Chance Program, are requested to contact the court or courts for which unpaid fines and fees are owed to apply to the new program. Always happy to see more people eligible for expunctions, though the greater access to expunged records by law enforcement is pretty concerning. Read the solicitation document carefully for further guidance. Filed. 15A-145.8(d) (allowing expunction of multiple convictions). Thank you for the summary, John. However, with our preconfigured web templates, things get simpler. 14-7.26; when a prior conviction raises a subsequent offense to a higher level; determining eligibility for a conditional discharge under G.S. (stating that court “shall” order expunction). Follow the simple instructions below: The preparation of lawful documents can be expensive and time-consuming. Edition 4. Any Misdemeanor or Class H or I Felony committed before Dec. 1, 2019 by a person between the ages of 16-18 (at the time of the offense) can file a petition for expunction after an active sentence, probation and post release have been completed and there are no … Fiscal Note. 15A-146(a5) states that in all these instances an arresting agency may maintain its investigative records related to an expunged charge. 15A-145.8 may be filed by the person with the conviction or by the District Attorney. It is a first pass at describing the changes. This law appears to have some great benefits by expanding expunction of dismissed charges and broadening the available expunctions for convictions. The law sets up automatic expunctions for people who are found not guilty or have charges against them dismissed. Forms 10/10, Features Set 10/10, Ease of Use 10/10, Customer Service 10/10. (stating that court “shall” order an expunction in the first instance and “may” order an expunction in the second instance). For Immediate Release: Thursday, June 25, 2020 Contact: Laura Brewer (919) 716-6484 (RALEIGH) Attorney General Josh Stein today released the following statement after Gov. Edition 5. Remove the routine and produce documents on the internet! Although the types of offenses subject to expunction remain the same, the Second Chance Act expands the ability of people to obtain an expunction for these offenses, effective for petitions filed on or after December 1, 2020. How long does it normally take for a new form to become available? 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