GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H D
HOUSE BILL DRH40177-CV-2
Short Title: Criminal Law Changes. (Public)
Sponsors: Representative Stevens.
Referred to:
*DRH40177 -CV-2*
A BILL TO BE ENTITLED 1
AN ACT TO AMEND STRANGULATION PENALTIES, TO MAKE CLARIFYING 2
CHANGES REGARDING THE MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, 3
TO PROHIBIT EXPUNCTIONS FOR PERSONS WITH PENDING CHARGES , AND TO 4
REQUIRE SENTENCES TO RUN CONSECUTIVELY IF NOT SPECIFIED BY THE 5
COURT. 6
The General Assembly of North Carolina enacts: 7
8
AMEND STRANGULATION PENALTIES 9
SECTION 1.(a) G.S. 14-32.4 reads as rewritten: 10
"§ 14-32.4. Assault inflicting serious bodily injury; strangulation; penalties. 11
(a) Unless the conduct is covered under some other provision of law providing greater 12
punishment, any person who assaults another person and inflicts serious bodily injury is guilty 13
of a Class F E felony. 14
(a1) The following definitions apply to this section: 15
(1) "Serious bodily injury" is defined as bodily Serious bodily injury. – Bodily 16
injury that creates a substantial risk of death, or that causes serious permanent 17
disfigurement, coma, a permanent or protracted condition that causes extreme 18
pain, or permanent or protracted loss or impairment of the function of any 19
bodily member or organ, or that results in prolonged hospitalization. 20
(2) Strangulation. – Impeding the normal breathing or circulation of blood of 21
another person by applying pressure to the throat or neck of the person or by 22
obstructing the nose and mouth of the person. 23
(a2) Unless the conduct is covered under some other provision of law providing greater 24
punishment, any person who assaults another person by strangulation is guilty of a Class H 25
felony. 26
(b) Unless the conduct is covered under some other provision of law providing greater 27
punishment, any person who assaults another person and inflicts physical injury by strangulation 28
is guilty of a Class H G felony." 29
SECTION 1.(b) G.S. 143B-1023(a) reads as rewritten: 30
"(a) There is established within the North Carolina Center for Missing Persons the Blue 31
Alert System. The purpose of the Blue Alert System is to aid in the apprehension of a suspect 32
who kills or inflicts serious bodily injury on a law enforcement officer by providing a statewide 33
system for the rapid dissemination of information regarding the suspect. The term "serious bodily 34
injury" is as defined in G.S. 14-32.4(a).G.S. 14-32.4." 35
36
H.B. 308
Mar 5, 2025
HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
Page 2 DRH40177-CV-2
CLARIFYING CHANGES REGARDING MISDEMEANOR CRIME OF DOMESTIC 1
VIOLENCE 2
SECTION 2.(a) G.S. 14-33 is amended by adding a new subsection to read: 3
"(e) An offense under this section shall not be considered a lesser included offense of 4
misdemeanor crime of domestic violence under G.S. 14-32.5." 5
SECTION 2.(b) G.S. 14-33.2 reads as rewritten: 6
"§ 14-33.2. Habitual misdemeanor assault. 7
A person commits the offense of habitual misdemeanor assault if that person (i) violates any 8
of the provisions of G.S. 14-33 and causes physical injury, G.S. 14-32.5, or G.S. 14-34, and (ii) 9
has two or more prior convictions for either misdemeanor or assault, felony assault, or a violation 10
of G.S. 14-32.5, with the earlier of the two prior convictions occurring no more than 15 years 11
prior to the date of the current violation. A conviction under this section shall not be used as a 12
prior conviction for any other habitual offense statute. A person convicted of violating this 13
section is guilty of a Class H felony." 14
SECTION 2.(c) G.S. 15A-401(b) reads as rewritten: 15
"(b) Arrest by Officer Without a Warrant. – 16
(1) Offense in Presence of Officer. – An officer may arrest without a warrant any 17
person who the officer has probable cause to believe has committed a criminal 18
offense, or has violated a pretrial release order entered under G.S. 15A-534 or 19
G.S. 15A-534.1(a)(2), in the officer's presence. 20
(2) Offense Out of Presence of Officer. – An officer may arrest without a warrant 21
any person who the officer has probable cause to believe: 22
a. Has committed a felony; or 23
b. Has committed a misdemeanor, and: 24
1. Will not be apprehended unless immediately arrested, or 25
2. May cause physical injury to himself or others, or damage to 26
property unless immediately arrested; or 27
c. Has committed a misdemeanor under G.S. 14-72.1, 14-134.3, 28
20-138.1, or 20-138.2; or 29
d. Has committed a misdemeanor under G.S. 14-33(a), 14-33(c)(1), 30
14-33(c)(2), or 14-34 when the offense was committed by a person 31
with whom the alleged victim has a personal relationship as defined in 32
G.S. 50B-1; or 33
e. Has committed a misdemeanor under G.S. 50B-4.1(a); or 34
f. Has violated a pretrial release order entered under G.S. 15A-534 or 35
G.S. 15A-534.1(a)(2). 36
g. Has committed a misdemeanor under G.S. 14-32.5. 37
…." 38
SECTION 2.(d) G.S. 15A-534.1(a) reads as rewritten: 39
"(a) In all cases in which the defendant is charged with assault on, stalking, 40
communicating a threat to, or committing a felony provided in Articles 7B, 8, 10, or 15 of Chapter 41
14 of the General Statutes upon a spouse or former spouse, a person with whom the defendant 42
lives or has lived as if married, or a person with whom the defendant is or has been in a dating 43
relationship as defined in G.S. 50B-1(b)(6), with domestic criminal trespass, with violation of 44
G.S. 14-32.5, or with violation of an order entered pursuant to Chapter 50B, Domestic Violence, 45
of the General Statutes, the judicial official who determines the conditions of pretrial release shall 46
be a judge. The judge shall direct a law enforcement officer or a district attorney to provide a 47
criminal history report for the defendant and shall consider the criminal history when setting 48
conditions of release. After setting conditions of release, the judge shall return the report to the 49
providing agency or department. No judge shall unreasonably delay the determination of 50 General Assembly Of North Carolina Session 2025
DRH40177-CV-2 Page 3
conditions of pretrial release for the purpose of reviewing the defendant's criminal history report. 1
The following provisions shall apply in addition to the provisions of G.S. 15A-534: 2
(1) Upon a determination by the judge that the immediate release of the defendant 3
will pose a danger of injury to the alleged victim or to any other person or is 4
likely to result in intimidation of the alleged victim and upon a determination 5
that the execution of an appearance bond as required by G.S. 15A-534 will 6
not reasonably assure that such injury or intimidation will not occur, a judge 7
may retain the defendant in custody for a reasonable period of time while 8
determining the conditions of pretrial release. 9
(2) A judge may impose the following conditions on pretrial release: 10
a. That the defendant stay away from the home, school, business or place 11
of employment of the alleged victim. 12
b. That the defendant refrain from assaulting, beating, molesting, or 13
wounding the alleged victim. 14
c. That the defendant refrain from removing, damaging or injuring 15
specifically identified property. 16
d. That the defendant may visit his or her child or children at times and 17
places provided by the terms of any existing order entered by a judge. 18
e. That the defendant abstain from alcohol consumption, as verified by 19
the use of a continuous alcohol monitoring system, of a type approved 20
by the Division of Community Supervision and Reentry of the 21
Department of Adult Correction, and that any violation of this 22
condition be reported by the monitoring provider to the district 23
attorney. 24
The conditions set forth above may be imposed in addition to requiring that 25
the defendant execute a secured appearance bond. 26
(3) Should the defendant be mentally ill and dangerous to himself or others or a 27
substance abuser and dangerous to himself or others, the provisions of Article 28
5 of Chapter 122C of the General Statutes shall apply." 29
30
PROHIBIT EXPUNCTIONS FOR PERSONS WITH PENDING CHARGES 31
SECTION 3.(a) G.S. 15A-145(b) reads as rewritten: 32
"(b) If the court, after hearing, finds that the petitioner had remained of good behavior and 33
been free of conviction of any felony or misdemeanor, other than a traffic violation, for two years 34
from the date of conviction of the misdemeanor in question, the petitioner has no outstanding 35
restitution orders or civil judgments representing amounts ordered for restitution entered against 36
him, and (i) petitioner was not 18 years old at the time of the offense in question, or (ii) petitioner 37
was not 21 years old at the time of the offense of possession of alcohol pursuant to 38
G.S. 18B-302(b)(1), it shall order that such person be restored, in the contemplation of the law, 39
to the status he occupied before such arrest or indictment or information.information, unless the 40
court finds one of the following: 41
(1) The petitioner has outstanding warrants or pending criminal cases, is under 42
indictment, or a finding of probable cause exists against the defendant for a 43
felony in any federal court or state court in the United States. 44
(2) The petitioner is free on bond or personal recognizance pending trial, appeal, 45
or sentencing in any federal court or state court in the United States for a crime 46
which would prohibit the person from having his or her petition for expunction 47
under this section granted." 48
SECTION 3.(b) G.S. 15A-145.1(b) reads as rewritten: 49
"(b) If the court, after hearing, finds that (i) the petitioner was dismissed and the 50
proceedings against the petitioner discharged pursuant to G.S. 14-50.29 and that the person had 51 General Assembly Of North Carolina Session 2025
Page 4 DRH40177-CV-2
not yet attained 18 years of age at the time of the offense or (ii) the petitioner has remained of 1
good behavior and been free of conviction of any felony or misdemeanor other than a traffic 2
violation for two years from the date of conviction of the offense in question, the petitioner has 3
no outstanding restitution orders or civil judgments representing amounts ordered for restitution 4
entered against the petitioner, and the petitioner had not attained the age of 18 years at the time 5
of the offense in question, it shall order that such person be restored, in the contemplation of the 6
law, to the status occupied by the petitioner before such arrest or indictment or information, and 7
that the record be expunged from the records of the court.court, unless the court finds one of the 8
following: 9
(1) The petitioner has outstanding warrants or pending criminal cases, is under 10
indictment, or a finding of probable cause exists against the defendant for a 11
felony in any federal court or state court in the United States. 12
(2) The petitioner is free on bond or personal recognizance pending trial, appeal, 13
or sentencing in any federal court or state court in the United States for a crime 14
which would prohibit the person from having his or her petition for expunction 15
granted under this section." 16
SECTION 3.(c) G.S. 15A-145.2 is amended by adding a new subsection to read: 17
"(c1) Notwithstanding the provisions of this section, no order of expunction shall be issued 18
pursuant to this section if the court finds one of the following: 19
(1) The petitioner has outstanding warrants or pending criminal cases, is under 20
indictment, or a finding of probable cause exists against the defendant for a 21
felony in any federal court or state court in the United States. 22
(2) The petitioner is free on bond or personal recognizance pending trial, appeal, 23
or sentencing in any federal court or state court in the United States for a crime 24
which would prohibit the person from having his or her petition for expunction 25
granted under this section." 26
SECTION 3.(d) G.S. 15A-145.3 is amended by adding a new subsection to read: 27
"(c1) Notwithstanding the provisions of this section, no order of expunction shall be issued 28
pursuant to this section if the court finds one of the following: 29
(1) The petitioner has outstanding warrants or pending criminal cases, is under 30
indictment, or a finding of probable cause exists against the defendant for a 31
felony in any federal court or state court in the United States. 32
(2) The petitioner is free on bond or personal recognizance pending trial, appeal, 33
or sentencing in any federal court or state court in the United States for a crime 34
which would prohibit the person from having his or her petition for expunction 35
granted under this section." 36
SECTION 3.(e) G.S. 15A-145.4(e) reads as rewritten: 37
"(e) The court may order that the person be restored, in the contemplation of the law, to 38
the status the person occupied before the arrest or indictment or information if the court finds all 39
of the following after a hearing: 40
(1) The petitioner has remained of good moral character and has been free of 41
conviction of any felony or misdemeanor, other than a traffic violation, for 42
four years from the date of conviction of the nonviolent felony in question or 43
any active sentence, period of probation, or post-release supervision has been 44
served, whichever is later. 45
(2) The petitioner has not previously been convicted of any felony or 46
misdemeanor other than a traffic violation under the laws of the United States 47
or the laws of this State or any other state. 48
(3) The petitioner has no outstanding warrants or pending criminal cases.cases, is 49
not under indictment, and no finding of probable cause exists against the 50
defendant for a felony in any federal court or state court in the United States. 51 General Assembly Of North Carolina Session 2025
DRH40177-CV-2 Page 5
(3a) The petitioner is not free on bond or personal recognizance pending trial, 1
appeal, or sentencing in any federal court or state court in the United States 2
for a crime which would prohibit the person from having his or her petition 3
for expunction under this section granted. 4
(4) The petitioner has no outstanding restitution orders or civil judgments 5
representing amounts ordered for restitution entered against the petitioner. 6
(5) The petitioner was less than 18 years old at the time of the commission of the 7
offense in question. 8
(6) The petitioner has performed at least 100 hours of community service since 9
the time of the conviction and possesses a high school diploma, a high school 10
graduation equivalency certificate, or a General Education Development 11
degree. 12
(7) The search of the confidential records of expunctions conducted by the 13
Administrative Office of the Courts shows that the petitioner has not been 14
previously granted an expunction." 15
SECTION 3.(f) G.S. 15A-145.6(f) reads as rewritten: 16
"(f) The court shall order that the person be restored, in the contemplation of the law, to 17
the status the person occupied before the arrest or indictment or information if the court finds all 18
of the following after a hearing: 19
(1) The criteria set out in subsection (b) of this section are satisfied. 20
(2) The petitioner has remained of good moral character and has been free of 21
conviction of any felony or misdemeanor, other than a traffic violation, since 22
the date of conviction of the prostitution offense in question. 23
(3) The petitioner has no outstanding warrants or pending criminal cases.cases, is 24
not under indictment, and no finding of probable cause exists against the 25
defendant for a felony in any federal court or state court in the United States. 26
(3a) The petitioner is not free on bond or personal recognizance pending trial, 27
appeal, or sentencing in any federal court or state court in the United States 28
for a crime which would prohibit the person from having his or her petition 29
for expunction under this section granted. 30
(4) The petitioner has no outstanding restitution orders or civil judgments 31
representing amounts ordered for restitution entered against the petitioner. 32
(5) The search of the confidential records of expunctions conducted by the 33
Administrative Office of the Courts shows that the petitioner has not been 34
previously granted an expunction, other than an expunction for a prostitution 35
offense." 36
SECTION 3.(g) G.S. 15A-145.8A reads as rewritten: 37
"§ 15A-145.8A. Expunction of records for offenders under the age of 18 at the time of 38
commission of certain misdemeanors and felonies upon completion of the 39
sentence. 40
(a) A person, the district attorney, or an attorney at the request of a person eligible for 41
expunction under this section, may file, in the court of the county where the person was 42
convicted, a petition for expunction from the person's criminal record of any misdemeanor or 43
Class H or I felony not excluded by subsection (b) of this section if the offense was committed 44
prior to December 1, 2019, and while the person was less than 18 years of age, but at least 16 45
years of age. The petition shall not be filed until (i) any active sentence, period of probation, and 46
post-release supervision ordered for the offense has been served and (ii) the person has no 47
restitution orders for the offense or outstanding civil judgments representing amounts ordered for 48
restitution for the offense. 49
(b) An offense is not eligible for expunction under this section if it is (i) a violation of the 50
motor vehicle laws under Chapter 20 of the General Statutes, including any offense involving 51 General Assembly Of North Carolina Session 2025
Page 6 DRH40177-CV-2
impaired driving as defined in G.S. 20-4.01(24a) or (ii) an offense requiring registration pursuant 1
to Article 27A of Chapter 14 of the General Statutes, whether or not the person is currently 2
required to register. 3
(c) If the petition was not filed by the district attorney, the petition shall be served upon 4
the district attorney of the court wherein the case was tried resulting in conviction. The district 5
attorney shall have 30 days thereafter in which to file any objection thereto and shall be duly 6
notified as to the date of the hearing of the petition. The district attorney shall make his or her 7
best efforts to contact the victim, if any, to notify the victim of the request for expunction prior 8
to the date of the hearing. Upon request by the victim, the victim has a right to be present at any 9
hearing on the petition for expunction and the victim's views and concerns shall be considered 10
by the court at such hearing. 11
(d) If the court, after hearing, finds that (i) the offense was a misdemeanor or Class H or 12
I felony eligible for expunction under this section, (ii) the offense was committed prior to 13
December 1, 2019, and while the person was less than 18 years of age, but at least 16 years of 14
age, (iii) any active sentence, period of probation, and post-release supervision ordered for the 15
offense was completed, and (iv) the person has no restitution orders for the offense or outstanding 16
civil judgments representing amounts ordered for restitution for the offense, the court shall order 17
that the person be restored, in the contemplation of the law, to the status the person occupied 18
before such arrest or indictment or information, and that the record be expunged from the records 19
of the court. The court shall order that the person be restored, in contemplation of the law, to the 20
status the person occupied before the arrest or indictment or information, and that the record be 21
expunged from the records of the court, if the court finds all of the following after a hearing: 22
(1) The offense was a misdemeanor or Class H or I felony eligible for expunction 23
under this section. 24
(2) The offense was committed prior to December 1, 2019, and while the person 25
was less than 18 years of age but at least 16 years of age. 26
(3) Any active sentence, period of probation, and post-release supervision ordered 27
for the offense was completed. 28
(4) The person has no restitution orders for the offense or outstanding civil 29
judgments representing amounts ordered for restitution for the offense. 30
(5) The petitioner has no outstanding warrants or pending criminal cases, is not 31
under indictment, and no finding of probable cause exists against the 32
defendant for a felony in any federal court or state court in the United States. 33
(6) The petitioner is not free on bond or personal recognizance pending trial, 34
appeal, or sentencing in any federal court or state court in the United States 35
for a crime which would prohibit the person from having his or her petition 36
for expunction under this section granted. 37
(d1) A person convicted of multiple offenses shall be eligible to have those convictions 38
expunged pursuant to this section. 39
(e) Any petition for expunction under this section shall be on a form approved by the 40
Administrative Office of the Courts and shall be filed with the clerk of superior court in the 41
county where the person was convicted. Upon order of expunction, the clerk shall forward the 42
order to the Administrative Office of the Courts. 43
(f) No person as to whom such order has been entered shall be held thereafter under any 44
provision of any laws to be guilty of perjury or otherwise giving a false statement by reason of 45
that person's failure to recite or acknowledge such arrest, or indictment, information, or trial, or 46
response to any inquiry made of the person for any purpose. 47
(g) The court shall also order that the conviction be expunged from the records of the 48
court. The court shall direct all law enforcement agencies, the Department of Adult Correction, 49
the Division of Motor Vehicles, and any other State or local government agencies identified by 50 General Assembly Of North Carolina Session 2025
DRH40177-CV-2 Page 7
the petitioner as bearing record of the same to expunge their records of the petitioner's conviction. 1
The clerk shall notify State and local agencies of the court's order as provided in G.S. 15A-150. 2
(h) A person who files a petition for expunction of a criminal record under this section 3
must pay the clerk of superior court a fee of fifty-two dollars and fifty cents ($52.50) at the time 4
the petition is filed. Fees collected under this subsection are payable to the Administrative Office 5
of the Courts. The fee shall be retained by the Administrative Office of the Courts and used to 6
pay the costs of processing petitions for expunctions under this section. This subsection does not 7
apply to petitions filed by an indigent." 8
SECTION 3.(h) G.S. 15A-145.9(f) reads as rewritten: 9
"(f) Restoration of Status. – The court shall order that the person be restored, in the 10
contemplation of the law, to the status the person occupied before the arrest or indictment or 11
information if the court finds all of the following after a hearing: 12
(1) The criteria set out in subsection (b) of this section are satisfied. 13
(2) The petitioner has no outstanding warrants.warrants or pending criminal 14
cases, is not under indictment, and no finding of probable cause exists against 15
the defendant for a felony in any federal court or state court in the United 16
States. 17
(2a) The petitioner is not free on bond or personal recognizance pending trial, 18
appeal, or sentencing in any federal court or state court in the United States 19
for a crime which would prohibit the person from having his or her petition 20
for expunction under this section granted. 21
(3) The petitioner has no outstanding restitution orders or civil judgments 22
representing amounts ordered for restitution entered against the petitioner." 23
24
REQUIRE SENTENCES TO RUN CONSECUTIVELY IF NOT SPECIFIED 25
SECTION 4. G.S. 15A-1354(a) reads as rewritten: 26
"(a) Authority of Court. – When multiple sentences of imprisonment are imposed on a 27
person at the same time or when a term of imprisonment is imposed on a person who is already 28
subject to an undischarged term of imprisonment, including a term of imprisonment in another 29
jurisdiction, the sentences may run either concurrently or consecutively, as determined by the 30
court. If not specified or not required by statute to run consecutively, by the court, sentences shall 31
run concurrently.consecutively." 32
33
EFFECTIVE DATE 34
SECTION 5. Section 3 of this act becomes effective December 1, 2025, and applies 35
to petitions filed on or after that date. The remainder of this act becomes effective December 1, 36
2025, and applies to offenses committed on or after that date. 37