The product of negotiation and compromise, it reflects the interests of prosecutors, law enforcement, and court administrators as well. Second Chance Act: How a simple change in criminal records could keep formerly incarcerated from going back to prison in North Carolina. 15A-146(d). Signed into law by Governor Roy Cooper on June 25, 2020, the North Carolina Second Chance Act (Senate Bill 562) is a new law that took effect on December 1, 2020, and will expand who may qualify for expungements – the process by which a criminal record is sealed or erased from the public – in the state of North … 15A-145.5 has authorized expunctions of convictions of older nonviolent felonies and nonviolent misdemeanors. The Second Chance Act expands expunction opportunities and streamlines the process for people trying to clear their records. 14-7.26; when a prior conviction raises a subsequent offense to a higher level; determining eligibility for a conditional discharge under G.S. Cherry-Lassiter says the Second Chance Act can potentially help thousands of North Carolinians get back on the right track. Report a correction or typo … how the second chance act/sb 562 provides clean slate relief: RAISE THE AGE EXPUNCTIONS. 15A-146 applies to cases involving multiple charges. A person may not obtain an expunction under G.S. As funding opportunities become available from the Bureau of Justice Assistance (BJA), they will be included below. It’s very helpful. TopTenReviews wrote "there is such an extensive range of documents covering so many topics that it is unlikely you would need to look anywhere else". Since 2009, more than 800 Second Chance Act grant awards have been made to government agencies and nonprofits for reentry programming designed to provide services that can help reduce recidivism and increase public safety. Other than the conviction to be expunged, the person must not have a conviction at any time for a felony or misdemeanor other than for a traffic violation. If the affected person files for an expunction and is not indigent, a $175 fee is due on filing. Not intended to be as smart-alecky as it may sound, do we have to wait until the new forms have been printed to file? The bipartisan “clean slate” Second Chance Act—which first passed the NC Senate on May 8, 2019, one day after more than 1,000 members of the NC Second Chance Alliance visited the NC Legislative Building—automatically expunges criminal charges that are dismissed or disposed “not guilty” after December 1, 2021. The person must not have a conviction for another felony at any time or a conviction for a misdemeanor at any time that is an exception to the term “nonviolent” misdemeanor. Edition. However, with our preconfigured web templates, things get simpler. This bill offers that opportunity and a path to good jobs and a brighter future." 15A-146. RALEIGH — After being passed 119-0 in the House and 47-0 in the Senate, S.B. Several preconditions apply to all three categories, such as a requirement that the petitioner is of good moral character and has no pending criminal charges. The provision does not address automated expunction by local agencies. The Second Chance Act is a law that was signed back in April 2008. The petition may not be filed earlier than five years after the date of the conviction or when any active sentence, period of probation, or post-release supervision has been served, whichever occurs later. Distribute immediately towards the receiver. Expunction of dismissals and acquittals by petition. Save the data file or print your copy. 15A-146(a4) provides that no case with a felony charge that was dismissed pursuant to a plea agreement is subject to automatic expunction. Id. Edition 4. The NC Senate gave unanimous approval on June 16 to the “Second Chance Act,” which had the backing of groups across the political spectrum. NC Second Chance Act. Because the statute applies to offenses committed before December 1, 2019, a person can obtain an expunction whether the conviction occurs before or after that date. 15A-145.5(a), including Class A through G felonies, Class A1 misdemeanors, offenses having assault as an essential element, impaired driving offenses, and others. 15A-146 contains three different provisions for petitioning for expunctions, effective for petitions filed on or after December 1, 2020. A petition for expunction under G.S. See also G.S. Forms 10/10, Features Set 10/10, Ease of Use 10/10, Customer Service 10/10. Our office is located in Wake County, NC and we can also be reached through our website at www.wileynickel.com. 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