Written By: Brandy Bynum
A bill (SB 397) to expunge nonviolent offenses for first offenders when committed under age 18 passed! The law became effective on Dec. 1, 2011. Advocates had been working on this issue since at least 2004. For a copy of the bill, visit www.ncleg.net.
This new bill also requires:
• A four-year waiting period after the date of the conviction or when any active sentence, period of probation, and post-release supervision has been served, whichever occurs later;
• At least 100 hours of community service, preferably related to the conviction, before filing the petition for expunction; and
• A high school diploma, a high school graduation equivalency certificate, or a GED.
The following offenses would not be eligible for expunction:
• A-G felonies;
• Any felony that includes assault as an essential element of the offense;
• Sex offenses or stalking; and
• Offenses involving methamphetamines, heroin, or possession with intent to sell or deliver cocaine.
Information in an expunged record may still be disclosed as follows:
• To a judge for the purpose of ascertaining whether a person charged with an offense has been previously granted a discharge or an expunction;
• To a person requesting confirmation of the person’s own discharge or expunction;
• To the court in response to a subpoena or other court order issued pursuant to a civil action;
• To state and local law enforcement agencies for employment purposes only;
• To the North Carolina Criminal Justice Education and Training Standards Commission for certification purposes only; and
• To the North Carolina Sheriffs’ Education and Training Standards Commission for certification purposes only.
Brandy Bynum is the director of Policy and Outreach at Action for Children North Carolina.