Cooper signs record expungement expansion

Cooper signs record expungement expansion

August 30, 2021 0 By Nyamekye Daniel

North Carolinians will be able to petition to have more offenses removed from their state criminal record, starting Dec. 1, under a bill signed into law Thursday by Gov. Roy Cooper.

Senate Bill 301 allows a person to petition the court to remove a second or third nonviolent crime from their record within 24 months once 20 years have passed since the conviction or sentence completion.

Both chambers of the General Assembly unanimously approved the measure this month.

“This legislation makes it easier for some people who have served time for non-violent crimes to re-enter society and get a fresh start in life,” Cooper said in a statement.

Current law allows people to seek expungement for more than one nonviolent misdemeanor or one nonviolent felony, with some exceptions.

The bill would change vehicle burglary’s classification from a violent felony to a nonviolent felony, making it eligible for expungement. It also clarifies that offenses can be expunged in more than one county if the petitions are filed within a 30-day period.

SB 301 allows a person to get an eligible offense removed from their record if they had a DUI more than five years before filing the petition. DUIs, however, do not qualify for expungement under law.

The law now allows only a prosecutor or the offender to petition the court to expunge a juvenile’s record. SB 301 also would let a private or court-appointed attorney file the petition.

This article was originally posted on Cooper signs record expungement expansion