UNLIMITED EXPUNCTIONS FOR DISMISSED/NG CHARGES IF NO FELONY PRIORS
Modification of current law which has limited expunctions for dismissals or findings of "not guilty" to within 12 months or same court session.
The number of expungements for dismissals/NG verdicts is no longer limitedAwaiting Governor Cooper's signature is SB 445 which modifies NCGS ? 15A-146. The new proposed law permits an unlimited number of expunctions for charges which were dismissed or disposed of by a finding of "not guilty" or "not responsible" as long as that person has not sustained a felony conviction. This is a major modification of the law which previously required that no previous expunctions had been granted and the dismissals must have occurred within a 12-month period or within the same court session.
The waiting period for expungements for nonviolent felony and misdemeanor convictions is reducedAdditionally, a person may file a petition for expunction of a nonviolent misdemeanor or nonviolent felony conviction if the person has no other misdemeanor or felony convictions. Non-violent felony convictions can be expunged 10 years after the conviction date or when any active sentence, period of probation, and post-release supervision has been served, whichever occurs later. Nonviolent misdemeanor convictions may be expunged after 5 years after the conviction date or probation or post-release supervision completion. This is a substantial reduction from the current waiting period of 15 years. (NCGS ? 15A-145.5) Once signed, this law will be effective on December 1, 2017.