North Carolina Relaxes Eligibility Requirements for Expunction of Convictions and Dismissed Charges
On June 10, 2020, the North Carolina House of Representatives voted unanimous approval for changes to the expunction statutes that will greatly expand expunction eligibility requirements. The Second Chance Act makes many more persons eligible to remove convictions and dismissals from their criminal record. We expect Governor Cooper to sign the legislation soon, making the new expunction opportunities available December 1, 2020.
What is an Expunction?
An expunction is a legal process where a petition is filed to expunge, or delete, a criminal record. It is a right granted by statute, and thus subject to certain eligibility requirements which are explained in detail here.
More Eligibility to Expunge Dismissed Charges and Not Guilty Verdicts
The Second Chance Act allows persons with a felony conviction to petition for expunction of a dismissed charge or a charge where he or she was found not guilty. Previously, a felony conviction prevented a person from expunging a charge that was dismissed or where there was a trial and the verdict was not guilty. A person can expunge more than one dismissed charge or finding of not guilty. Many, many individuals will finally be eligible to clear these charges off their record. This revision to the expunction statutes becomes effective December 1, 2020.
Expunction of More than One Misdemeanor Conviction
Currently, a person can only expunge one misdemeanor conviction after 5 years if certain requirements are met. The Second Chance Act entitles a person to expunge more than one nonviolent misdemeanor conviction after a seven (7) year waiting period. The waiting period begins on the date of conviction or when the active sentence, period of probation, or period of post-release supervision has been served, whichever is later. This revision to the expunction statutes becomes effective December 1, 2020.
Attempting to Speed Up the Process
The Second Chance Act seeks to speed up the time it takes to process an expunction of a dismissed charge or finding of not guilty by eliminating the requirement that the court hold a hearing on the matter. Based on our firm’s experience, we are not sure this will have a significant impact on the processing timeline. This form of expunction is largely rubber-stamped by the court. An expunction takes a significant amount of time to be processed by the State Bureau of Investigation and Administrative Office of the Courts, and for good reason. Records are being checked and gathered for deletion. You may not want to rush this. Nonetheless, we hope it does speed up the process.
Automatic Expunction of Dismissed Charges or Findings of Not Guilty
Beginning December 1, 2021, all charges that are dismissed or result in a finding of not guilty on or after December 1, 2021 will be expunged by operation of law. This effectively eliminates the necessity of having to take the extra step of filing the petition to expunge. Note well, this expunction as a matter of law only applies to cases disposed on or after December 1, 2021. Cases resolved before December 1, 2021 must still file a petition for expunction.
