North Carolina Senate Assembly - SB 562- The Second Chance Act/SB 562 Provides Clean Slate Relief

Committee of Jurisdiction: Law, Justice, and Ethics

Introduction

The Second Chance Act

1 in 4 North Carolinians have criminal recordsdevastating “collateral consequences” that impact housing, employment, and other opportunities.

The Second Chance Act is a bipartisan “clean slate” bill that will expand eligibility for expunging nonviolent criminal convictions after a waiting period, and automates expungement of certain dismissed or “not guilty” charges. This bill allows prosecutors to petition for expungement for dismissed or “not guilty” charges and Raise the Age convictions, and allows individuals to petition for expungement of multiple nonviolent misdemeanor convictions after 7 years of good behavior. 

HOW THE SECOND CHANCE ACT/SB 562 PROVIDES CLEAN SLATE RELIEF:

RAISE THE AGE EXPUNCTIONS.
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 restitution orders outstanding. District Attorneys can now file these expungement petitions, which provide an opportunity for mass relief efforts. 

You cannot file for expunction if:
A. The violation was for motor vehicle laws under Ch. 20 including impaired driving

B. The violation requires registration pursuant to Article 27A of Ch. 14

The forms to file an expungement under these criteria will be made and distributed by Sept. 1, 2020. There is a $175 filing fee through the court for this expungement.

Felony Conviction no longer blocks these expungements  

One Dismissal: If a person has a dismissal of a misdemeanor or felony, the court shall order expunction. Effective: Dec. 1, 2020. Petition based: Must file with court

Multiple Dismissals:
 If all charges are dismissed the court will order an expungement and if some of the charges are dismissed the court may order expungement. Effective: Dec. 1, 2020. Petition based: Must file with court

Finding of Not Guilty: A person charged with a misdemeanor or felony and a finding of not guilty or not responsible is entered, the court will file for expunction. Effective: Dec. 1, 2020. Petition based: Must file with court. Can be one or multiple offenses

After Dec. 1, 2021: A person charged with a crime on or after Dec. 1, 2021 and charges are dismissed, found not guilty, or not responsible will be expunged

Automated Relief: If all charges are dismissed in the case these offenses will be automatically expunged 

Plea Agreement: These are not automated but you can petition for expungement of charges that are dismissed through a plea agreement




State Action

NBCSL member Sen. Floyd McKissick along with a bi-partisan effort successfully drove passage of this bill through the North Carolina Senate Assembly.

North Carolina

State of North Carolina SB562 , The Second Chance Act is a bipartisan “clean slate” bill that will expand eligibility for expunging nonviolent criminal convictions after a waiting period, and automates expungement of certain dismissed or “not guilty” charges.
SB-562 - Second Chance Act NBCSL Member Sponsor: Sen. Floyd McKissick (NC)

Summary:  The Second Chance Act is a bipartisan “clean slate” bill that will expand eligibility for expunging nonviolent criminal convictions after a waiting period, and automates expungement of certain dismissed or “not guilty” charges.

 
We have much to accomplish together.  Learn about our legislative and private sector memberships.
BECOME A MEMBER