North Carolina 2023-2024 Regular Session

North Carolina Senate Bill S565

Introduced
4/4/23  
Refer
4/5/23  
Refer
4/5/23  
Report Pass
4/19/23  
Refer
4/19/23  
Report Pass
4/24/23  
Engrossed
4/26/23  
Refer
4/27/23  
Refer
5/2/24  
Report Pass
5/22/24  
Refer
5/22/24  
Report Pass
6/5/24  
Refer
6/6/24  
Enrolled
6/26/24  
Chaptered
7/8/24  

Caption

Revise Automatic Expunction

Impact

The bill enhances state laws by implementing more efficient procedures for the automatic expunction of records relating to dismissed or not guilty charges. The provisions state that charges disposed of after December 1, 2021, fall under the new expunction criteria, which will significantly benefit those who are cleared of charges but may still face barriers related to their criminal history. By automating this process, it alleviates the burden on individuals to navigate complex legal channels, encouraging a smoother transition for those seeking employment and societal reintegration.

Summary

Senate Bill 565, also known as the Second Chance Act, aims to revise the laws governing the automatic expunction of criminal records in North Carolina. This legislation is designed to improve the existing framework by ensuring a more streamlined process for individuals whose criminal charges are dismissed, thereby fostering opportunities for reintegration into society. A key component is the automatic expunction system, which allows for the automatic clearing of certain misdemeanors and felony charges under specified conditions, thus reducing the stigma associated with past convictions.

Sentiment

The sentiment regarding SB 565 has been largely positive among supporters who view it as a necessary reform to improve justice and reduce recidivism. Advocates argue that it reflects an understanding of the challenges individuals face in overcoming past mistakes and promotes a more forgiving legal environment. However, some concerns have been raised about the implications of further shielding records from public access, which may complicate background checks for certain positions. Despite these concerns, the overarching narrative aligns with a more rehabilitative approach to criminal justice.

Contention

Notable points of contention arise from discussions surrounding the balance between public safety and the rights of individuals to have their records expunged. Advocates for justice reform argue that the bill serves a critical need for second chances, while some law enforcement representatives express caution about unfettered access to expunged records for certain judicial purposes. The conversation reflects broader societal debates regarding accountability, rehabilitation, and the fundamental purpose of criminal justice, indicating that while the bill is generally supported, its implications continue to invoke significant discourse.

Companion Bills

No companion bills found.

Previously Filed As

NC SB2240

DUI law; revise fourth offense of and require all expunctions to be confidentially registered.

NC H193

AOC Ct Changes/Amd Expunction

NC HB1530

Acquittals and dismissals; require automatic expunction of records of.

NC HB1116

Acquittals and dismissals; require automatic expunction of records of.

NC HB291

Felony expunction; revise age to obtain to conform to revisions.

NC HB1437

Felony expunction; revise age to obtain to conform to revisions.

NC HB913

Relating to the automatic expunction of criminal records.

NC HB293

Relating to the automatic expunction of criminal records.

NC HB271

Misdemeanor expunction; remove age restriction.

NC HB910

Expungement; authorize automatically for first-time offenders.

Similar Bills

No similar bills found.