The provision does not address automated expunction by local agencies. If all charges are dismissed, the court must grant an expunction petition. 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. 15A-146 contains three different provisions for petitioning for expunctions, effective for petitions filed on or after December 1, 2020. The Second Chance Act expands expunction opportunities and streamlines the process for people trying to clear their records. On June 25, 2020, the Governor signed the Second Chance Act, S.L. The new automatic expunction statute imposes no other preconditions—no waiting period, no limit on the number of expunctions, and no disqualification based on prior convictions, whether for a felony or misdemeanor. Forms 10/10, Features Set 10/10, Ease of Use 10/10, Customer Service 10/10. The Second Chance Act is designed to help people with minor criminal convictions get their records cleared so they can once again be … 15A-146. Bill Summary: North Carolina Second Chance Act (SB 562, Sens. For all three categories, a prior expunction is a bar to relief if the expunction was granted under G.S. Passed with bipartisan support and signed into law on April 9, 2008, SCA legislation authorizes federal grants for vital programs … Edition 4. Id. Ensure everything is filled out appropriately, without any typos or lacking blocks. The highest level of recognition among eCommerce customers. A petition for expunction under G.S. Raleigh, NC 27601 (919) 733-4111 (Main) (919) 715-7586 (Fax) The person must not have a conviction for a felony or misdemeanor other than for a traffic offense during the seven-year period. Type all necessary information in the required fillable fields. 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. NC Second Chance Act. Eliminated is the previous sequencing provision treating multiple convictions as one conviction only if the offenses occurred before service of process for other offenses. This last circumstance is particularly significant. 15A-145.8, the new statute on expunctions of juvenile convictions. USLegal received the following as compared to 9 other form sites. Follow our simple steps to have your How To Apply For Second Chance Act well prepared quickly: Use the fast search and advanced cloud editor to produce a correct How To Apply For Second Chance Act. The authorization for District Attorney filing enables interested prosecutors to petition on behalf of all juveniles eligible for relief. Subsection (a) of G.S. Id. for one nonviolent misdemeanor conviction after five years; for more than one nonviolent misdemeanor conviction after seven years; and. the offense occurred before December 1, 2019; the offense occurred when the person was less than 18 years old and at least 16 years old; any active sentence, period of probation, and post-release supervision ordered for the offense has been served; and. As funding opportunities become available from the Bureau of Justice Assistance (BJA), they will be included below. 15A-145.8(c) (stating that court “shall” order an expunction). The court must grant an expunction petition when a single charge is dismissed. Accessibility: Report a Digital Access Issue. (stating that court “shall” order an expunction). Each category has its own conviction-related criteria. Get access to thousands of forms. The District Attorney must give notice of the petition to the victim, who has the right to be heard. 15A-145.8(d) (allowing expunction of multiple convictions). The transformative legislation of the Second Chance Act was made possible by a broad range of stakeholders, especially people with criminal records, their … Revised G.S. 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. See also G.S. Follow the simple instructions below: The preparation of lawful documents can be expensive and time-consuming. Cherry-Lassiter says the Second Chance Act can potentially help thousands of North Carolinians get back on the right track. 15A-146(a4) provides for automatic expunction of dismissals and acquittals if all charges in the case are dismissed by the prosecutor without leave (for charges that may be dismissed with “leave,” see G.S. No later than September 1, 2020, the Administrative Office of the Courts must develop expunction forms to implement G.S. 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 … G.S. This bill offers that opportunity and a path to good jobs and a brighter future." North Carolina's Second Chance Act would broaden the criteria to expunge a criminal record. It is a first pass at describing the changes. To be eligible for an expunction, the person must meet the following requirements: If the person meets these criteria, expunction is mandatory. 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. 15A-151(a) has allowed the Administrative Office of the Courts to provide records of expunctions to law enforcement agencies and boards for employment and certification purposes. See G.S. It would clear multiple nonviolent misdemeanors or low-level felony convictions, irrespective of the age of the person. The way to complete the Second chance act application form on the web: To begin the blank, use the Fill & Sign Online button or tick the preview image of the document. 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