North Carolina 2025-2026 Regular Session

North Carolina House Bill H308 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 3
	3	+	H 2
4	4		HOUSE BILL 308
5	5		Committee Substitute Favorable 3/18/25
6		-	Committee Substitute #2 Favorable 4/1/25
7	6
8	7		Short Title: Criminal Law Changes. (Public)
9	8		Sponsors:
10	9		Referred to:
11	10		March 6, 2025
12		-	H308 -v-3
	11	+	H308 -v-2
13	12		A BILL TO BE ENTITLED 1
14	13		AN ACT TO AMEND STRA NGULATION PENALTIES, TO MAKE CLARIFYING 2
15	14		CHANGES REGARDING TH E MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, 3
16	15		TO CREATE A FELONY C RIME OF HABITUAL DOM ESTIC VIOLENCE, TO 4
17	16		CLARIFY EXPUNCTIONS MAY NOT BE GRANTED FOR PERSONS WITH PENDING 5
18	17		CHARGES, TO CLARIFY WHO MAY REQUEST CONF IRMATION OF EXPUNCTION, 6
19		-	AND TO REMOVE THE CO NCURRENT SENTENCING DEFAULT. 7
20		-	The General Assembly of North Carolina enacts: 8
21		-	9
22		-	AMEND STRANGULATION PENALTIES 10
23		-	SECTION 1.(a) G.S. 14-32.4 reads as rewritten: 11
24		-	"§ 14-32.4. Assault inflicting serious bodily injury; strangulation; penalties. 12
25		-	(a) Unless the conduct is covered under some other provision of law providing greater 13
26		-	punishment, any person who assaults another person and inflicts serious bodily injury is guilty 14
27		-	of a Class F E felony. 15
28		-	(a1) The following definitions apply to this section: 16
29		-	(1) "Serious bodily injury" is defined as bodily Serious bodily injury. – Bodily 17
30		-	injury that creates a substantial risk of death, or that causes serious permanent 18
31		-	disfigurement, coma, a permanent or protracted condition that causes extreme 19
32		-	pain, or permanent or protracted loss or impairment of the function of any 20
33		-	bodily member or organ, or that results in prolonged hospitalization. 21
34		-	(2) Strangulation. – Impeding the normal breathing or circulation of blood of 22
35		-	another person by applying pressure to the throat or neck of the person or by 23
36		-	obstructing the nose and mouth of the person. 24
37		-	(a2) Unless the conduct is covered under some other provision of law providing greater 25
38		-	punishment, any person who assaults another person by strangulation is guilty of a Class H 26
39		-	felony. 27
40		-	(b) Unless the conduct is covered under some other provision of law providing greater 28
41		-	punishment, any person who assaults another person and inflicts physical injury by strangulation 29
42		-	is guilty of a Class H G felony." 30
43		-	SECTION 1.(b) G.S. 143B-1023(a) reads as rewritten: 31
44		-	"(a) There is established within the North Carolina Center for Missing Persons the Blue 32
45		-	Alert System. The purpose of the Blue Alert System is to aid in the apprehension of a suspect 33
46		-	who kills or inflicts serious bodily injury on a law enforcement officer by providing a statewide 34 General Assembly Of North Carolina Session 2025
47		-	Page 2 House Bill 308-Third Edition
	18	+	AND TO REQUIRE SENTENCES TO RUN CONSECUT IVELY IF NOT SPECIFIED BY 7
	19	+	THE COURT. 8
	20	+	The General Assembly of North Carolina enacts: 9
	21	+	10
	22	+	AMEND STRANGULATION PENALTIES 11
	23	+	SECTION 1.(a) G.S. 14-32.4 reads as rewritten: 12
	24	+	"§ 14-32.4. Assault inflicting serious bodily injury; strangulation; penalties. 13
	25	+	(a) Unless the conduct is covered under some other provision of law providing greater 14
	26	+	punishment, any person who assaults another person and inflicts serious bodily injury is guilty 15
	27	+	of a Class F E felony. 16
	28	+	(a1) The following definitions apply to this section: 17
	29	+	(1) "Serious bodily injury" is defined as bodily Serious bodily injury. – Bodily 18
	30	+	injury that creates a substantial risk of death, or that causes serious permanent 19
	31	+	disfigurement, coma, a permanent or protracted condition that causes extreme 20
	32	+	pain, or permanent or protracted loss or impairment of the function of any 21
	33	+	bodily member or organ, or that results in prolonged hospitalization. 22
	34	+	(2) Strangulation. – Impeding the normal breathing or circulation of blood of 23
	35	+	another person by applying pressure to the throat or neck of the person or by 24
	36	+	obstructing the nose and mouth of the person. 25
	37	+	(a2) Unless the conduct is covered under some other provision of law providing greater 26
	38	+	punishment, any person who assaults another person by strangulation is guilty of a Class H 27
	39	+	felony. 28
	40	+	(b) Unless the conduct is covered under some other provision of law providing greater 29
	41	+	punishment, any person who assaults another person and inflicts physical injury by strangulation 30
	42	+	is guilty of a Class H G felony." 31
	43	+	SECTION 1.(b) G.S. 143B-1023(a) reads as rewritten: 32
	44	+	"(a) There is established within the North Carolina Center for Missing Persons the Blue 33
	45	+	Alert System. The purpose of the Blue Alert System is to aid in the apprehension of a suspect 34
	46	+	who kills or inflicts serious bodily injury on a law enforcement officer by providing a statewide 35 General Assembly Of North Carolina Session 2025
	47	+	Page 2 House Bill 308-Second Edition
48	48		system for the rapid dissemination of information regarding the suspect. The term "serious bodily 1
49	49		injury" is as defined in G.S. 14-32.4(a).G.S. 14-32.4." 2
50	50		SECTION 1.(c) This section becomes effective December 1, 2025, and applies to 3
51	51		offenses committed on or after that date. 4
52	52		5
53	53		CLARIFYING CHANGES REGARDING MISDEMEANOR CRIME OF DOMESTIC 6
54	54		VIOLENCE 7
55	55		SECTION 2.(a) G.S. 14-33 is amended by adding a new subsection to read: 8
56	56		"(e) An offense under this section shall not be considered a lesser included offense of 9
57	57		misdemeanor crime of domestic violence under G.S. 14-32.5." 10
58	58		SECTION 2.(b) G.S. 14-33.2 reads as rewritten: 11
59	59		"§ 14-33.2. Habitual misdemeanor assault. 12
60	60		A person commits the offense of habitual misdemeanor assault if that person (i) violates any 13
61	61		of the provisions of G.S. 14-33 and causes physical injury, G.S. 14-32.5, or G.S. 14-34, and (ii) 14
62	62		has two or more prior convictions for either misdemeanor or assault, felony assault, or a violation 15
63	63		of G.S. 14-32.5, with the earlier of the two prior convictions occurring no more than 15 years 16
64	64		prior to the date of the current violation. A conviction under this section shall not be used as a 17
65	65		prior conviction for any other habitual offense statute. A person convicted of violating this 18
66	66		section is guilty of a Class H felony." 19
67	67		SECTION 2.(c) G.S. 15A-401(b) reads as rewritten: 20
68	68		"(b) Arrest by Officer Without a Warrant. – 21
69	69		(1) Offense in Presence of Officer. – An officer may arrest without a warrant any 22
70	70		person who the officer has probable cause to believe has committed a criminal 23
71	71		offense, or has violated a pretrial release order entered under G.S. 15A-534 or 24
72	72		G.S. 15A-534.1(a)(2), in the officer's presence. 25
73	73		(2) Offense Out of Presence of Officer. – An officer may arrest without a warrant 26
74	74		any person who the officer has probable cause to believe:believe has 27
75	75		committed or violated any of the following: 28
76	76		a. Has committed a felony; orA felony. 29
77	77		b. Has committed a misdemeanor, and:A misdemeanor, when the person 30
78	78		meets at least one of the following criteria: 31
79	79		1. Will not be apprehended unless immediately arrested, 32
80	80		orarrested. 33
81	81		2. May cause physical injury to himself or others, or damage to 34
82	82		property unless immediately arrested; orarrested. 35
83	83		c. Has committed a A misdemeanor under G.S. 14-72.1, 14-134.3, 36
84	84		20-138.1, or 20-138.2; or20-138.2. 37
85	85		d. Has committed a A misdemeanor under G.S. 14-33(a), 14-33(c)(1), 38
86	86		14-33(c)(2), or 14-34 when the offense was committed by a person 39
87	87		with whom the alleged victim has a personal relationship as defined in 40
88	88		G.S. 50B-1; orG.S. 50B-1. 41
89	89		e. Has committed a A misdemeanor under G.S. 50B-4.1(a); 42
90	90		orG.S. 50B-4.1(a). 43
91	91		f. Has violated a A pretrial release order entered under G.S. 15A-534 or 44
92	92		G.S. 15A-534.1(a)(2). 45
93	93		g. A misdemeanor under G.S. 14-32.5. 46
94	94		…." 47
95	95		SECTION 2.(d) G.S. 15A-534.1(a) reads as rewritten: 48
96	96		"(a) In all cases in which the defendant is charged with assault on, stalking, 49
97	97		communicating a threat to, or committing a felony provided in Articles 7B, 8, 10, or 15 of Chapter 50
98	98		14 of the General Statutes upon a spouse or former spouse, a person with whom the defendant 51 General Assembly Of North Carolina Session 2025
99		-	House Bill 308-~~Third~~ Edition Page 3
	99	+	House Bill 308-Second Edition Page 3
100	100		lives or has lived as if married, or a person with whom the defendant is or has been in a dating 1
101	101		relationship as defined in G.S. 50B-1(b)(6), with domestic criminal trespass, with violation of 2
102	102		G.S. 14-32.5, or with violation of an order entered pursuant to Chapter 50B, Domestic Violence, 3
103	103		of the General Statutes, the judicial official who determines the conditions of pretrial release shall 4
104	104		be a judge. The judge shall direct a law enforcement officer or a district attorney to provide a 5
105	105		criminal history report for the defendant and shall consider the criminal history when setting 6
106	106		conditions of release. After setting conditions of release, the judge shall return the report to the 7
107	107		providing agency or department. No judge shall unreasonably delay the determination of 8
108	108		conditions of pretrial release for the purpose of reviewing the defendant's criminal history report. 9
109	109		The following provisions shall apply in addition to the provisions of G.S. 15A-534: 10
110	110		(1) Upon a determination by the judge that the immediate release of the defendant 11
111	111		will pose a danger of injury to the alleged victim or to any other person or is 12
112	112		likely to result in intimidation of the alleged victim and upon a determination 13
113	113		that the execution of an appearance bond as required by G.S. 15A-534 will 14
114	114		not reasonably assure that such injury or intimidation will not occur, a judge 15
115	115		may retain the defendant in custody for a reasonable period of time while 16
116	116		determining the conditions of pretrial release. 17
117	117		(2) A judge may impose the following conditions on pretrial release: 18
118	118		a. That the defendant stay away from the home, school, business or place 19
119	119		of employment of the alleged victim. 20
120	120		b. That the defendant refrain from assaulting, beating, molesting, or 21
121	121		wounding the alleged victim. 22
122	122		c. That the defendant refrain from removing, damaging or injuring 23
123	123		specifically identified property. 24
124	124		d. That the defendant may visit his or her child or children at times and 25
125	125		places provided by the terms of any existing order entered by a judge. 26
126	126		e. That the defendant abstain from alcohol consumption, as verified by 27
127	127		the use of a continuous alcohol monitoring system, of a type approved 28
128	128		by the Division of Community Supervision and Reentry of the 29
129	129		Department of Adult Correction, and that any violation of this 30
130	130		condition be reported by the monitoring provider to the district 31
131	131		attorney. 32
132	132		The conditions set forth above may be imposed in addition to requiring that 33
133	133		the defendant execute a secured appearance bond. 34
134	134		(3) Should the defendant be mentally ill and dangerous to himself or others or a 35
135	135		substance abuser and dangerous to himself or others, the provisions of Article 36
136	136		5 of Chapter 122C of the General Statutes shall apply." 37
137	137		SECTION 2.(e) This section becomes effective December 1, 2025, and applies to 38
138	138		offenses committed on or after that date. 39
139	139		40
140	140		CREATE FELONY CRIME OF HABITUAL DOMESTIC VIOLENCE 41
141	141		SECTION 3.(a) Article 8 of Chapter 14 of the General Statutes is amended by adding 42
142	142		a new section to read: 43
143	143		"§ 14-32.6. Habitual domestic violence. 44
144	144		(a) A person commits the offense of habitual domestic violence if that person commits 45
145	145		an offense under G.S. 14-32.5, or commits an assault where the person is related to the victim by 46
146	146		one or more of the relationship descriptions set forth in G.S. 14-32.5, and has two or more prior 47
147	147		convictions that include either of the following combination of offenses, with the earlier of the 48
148	148		two prior convictions occurring no more than 15 years prior to the date of the current violation: 49 General Assembly Of North Carolina Session 2025
149		-	Page 4 House Bill 308-~~Third~~ Edition
	149	+	Page 4 House Bill 308-Second Edition
150	150		(1) Two or more convictions of an offense under G.S. 14-32.5 or an offense 1
151	151		committed in another jurisdiction substantially similar to an offense under 2
152	152		G.S. 14-32.5. 3
153	153		(2) One prior conviction of an offense described in subdivision (1) of this 4
154	154		subsection and at least one prior conviction of an offense in this State or 5
155	155		another jurisdiction involving an assault where the person is related to the 6
156	156		victim by one or more of the relationship descriptions set forth in 7
157	157		G.S. 14-32.5. 8
158	158		(b) A conviction under this section shall not be used as a prior conviction for any other 9
159	159		habitual offense statute. A person convicted of violating this section is guilty of a Class H felony 10
160	160		for the first offense. Subsequent convictions for violating this section shall each be punished at a 11
161	161		level which is one offense class higher than the offense class of the most recent prior conviction 12
162	162		under this section, not to exceed a Class C felony." 13
163	163		SECTION 3.(b) This section becomes effective December 1, 2025, and applies to 14
164	164		offenses committed on or after that date. 15
165	165		16
166	166		EXPUNCTION MODIFICATIONS 17
167	167		SECTION 4.(a) G.S. 15A-145(b) reads as rewritten: 18
168	168		"(b) If the court, after hearing, finds that the petitioner had remained of good behavior and 19
169	169		been free of conviction of any felony or misdemeanor, other than a traffic violation, for two years 20
170	170		from the date of conviction of the misdemeanor in question, the petitioner has no outstanding 21
171	171		restitution orders or civil judgments representing amounts ordered for restitution entered against 22
172	172		him, and (i) petitioner was not 18 years old at the time of the offense in question, or (ii) petitioner 23
173	173		was not 21 years old at the time of the offense of possession of alcohol pursuant to 24
174	174		G.S. 18B-302(b)(1), it shall order that such person be restored, in the contemplation of the law, 25
175	175		to the status he occupied before such arrest or indictment or information.information, unless the 26
176	176		court finds one of the following: 27
177	177		(1) The petitioner has outstanding warrants or pending criminal cases, is under 28
178	178		indictment, or a finding of probable cause exists against the defendant for a 29
179	179		felony in any federal court or state court in the United States. 30
180	180		(2) The petitioner is free on bond or personal recognizance pending trial, appeal, 31
181	181		or sentencing in any federal court or state court in the United States for a crime 32
182	182		which would prohibit the person from having his or her petition for expunction 33
183	183		under this section granted." 34
184	184		SECTION 4.(b) G.S. 15A-145.1(b) reads as rewritten: 35
185	185		"(b) If the court, after hearing, finds that (i) the petitioner was dismissed and the 36
186	186		proceedings against the petitioner discharged pursuant to G.S. 14-50.29 and that the person had 37
187	187		not yet attained 18 years of age at the time of the offense or (ii) the petitioner has remained of 38
188	188		good behavior and been free of conviction of any felony or misdemeanor other than a traffic 39
189	189		violation for two years from the date of conviction of the offense in question, the petitioner has 40
190	190		no outstanding restitution orders or civil judgments representing amounts ordered for restitution 41
191	191		entered against the petitioner, and the petitioner had not attained the age of 18 years at the time 42
192	192		of the offense in question, it shall order that such person be restored, in the contemplation of the 43
193	193		law, to the status occupied by the petitioner before such arrest or indictment or information, and 44
194	194		that the record be expunged from the records of the court.court, unless the court finds one of the 45
195	195		following: 46
196	196		(1) The petitioner has outstanding warrants or pending criminal cases, is under 47
197	197		indictment, or a finding of probable cause exists against the defendant for a 48
198	198		felony in any federal court or state court in the United States. 49
199	199		(2) The petitioner is free on bond or personal recognizance pending trial, appeal, 50
200	200		or sentencing in any federal court or state court in the United States for a crime 51 General Assembly Of North Carolina Session 2025
201		-	House Bill 308-~~Third~~ Edition Page 5
	201	+	House Bill 308-Second Edition Page 5
202	202		which would prohibit the person from having his or her petition for expunction 1
203	203		granted under this section." 2
204	204		SECTION 4.(c) G.S. 15A-145.2 is amended by adding a new subsection to read: 3
205	205		"(c1) Notwithstanding the provisions of this section, no order of expunction shall be issued 4
206	206		pursuant to this section if the court finds one of the following: 5
207	207		(1) The petitioner has outstanding warrants or pending criminal cases, is under 6
208	208		indictment, or a finding of probable cause exists against the defendant for a 7
209	209		felony in any federal court or state court in the United States. 8
210	210		(2) The petitioner is free on bond or personal recognizance pending trial, appeal, 9
211	211		or sentencing in any federal court or state court in the United States for a crime 10
212	212		which would prohibit the person from having his or her petition for expunction 11
213	213		granted under this section." 12
214	214		SECTION 4.(d) G.S. 15A-145.3 is amended by adding a new subsection to read: 13
215	215		"(c1) Notwithstanding the provisions of this section, no order of expunction shall be issued 14
216	216		pursuant to this section if the court finds one of the following: 15
217	217		(1) The petitioner has outstanding warrants or pending criminal cases, is under 16
218	218		indictment, or a finding of probable cause exists against the defendant for a 17
219	219		felony in any federal court or state court in the United States. 18
220	220		(2) The petitioner is free on bond or personal recognizance pending trial, appeal, 19
221	221		or sentencing in any federal court or state court in the United States for a crime 20
222	222		which would prohibit the person from having his or her petition for expunction 21
223	223		granted under this section." 22
224	224		SECTION 4.(e) G.S. 15A-145.4(e) reads as rewritten: 23
225	225		"(e) The court may order that the person be restored, in the contemplation of the law, to 24
226	226		the status the person occupied before the arrest or indictment or information if the court finds all 25
227	227		of the following after a hearing: 26
228	228		(1) The petitioner has remained of good moral character and has been free of 27
229	229		conviction of any felony or misdemeanor, other than a traffic violation, for 28
230	230		four years from the date of conviction of the nonviolent felony in question or 29
231	231		any active sentence, period of probation, or post-release supervision has been 30
232	232		served, whichever is later. 31
233	233		(2) The petitioner has not previously been convicted of any felony or 32
234	234		misdemeanor other than a traffic violation under the laws of the United States 33
235	235		or the laws of this State or any other state. 34
236	236		(3) The petitioner has no outstanding warrants or pending criminal cases.cases, is 35
237	237		not under indictment, and no finding of probable cause exists against the 36
238	238		defendant for a felony in any federal court or state court in the United States. 37
239	239		(3a) The petitioner is not free on bond or personal recognizance pending trial, 38
240	240		appeal, or sentencing in any federal court or state court in the United States 39
241	241		for a crime which would prohibit the person from having his or her petition 40
242	242		for expunction under this section granted. 41
243	243		(4) The petitioner has no outstanding restitution orders or civil judgments 42
244	244		representing amounts ordered for restitution entered against the petitioner. 43
245	245		(5) The petitioner was less than 18 years old at the time of the commission of the 44
246	246		offense in question. 45
247	247		(6) The petitioner has performed at least 100 hours of community service since 46
248	248		the time of the conviction and possesses a high school diploma, a high school 47
249	249		graduation equivalency certificate, or a General Education Development 48
250	250		degree. 49 General Assembly Of North Carolina Session 2025
251		-	Page 6 House Bill 308-~~Third~~ Edition
	251	+	Page 6 House Bill 308-Second Edition
252	252		(7) The search of the confidential records of expunctions conducted by the 1
253	253		Administrative Office of the Courts shows that the petitioner has not been 2
254	254		previously granted an expunction." 3
255	255		SECTION 4.(f) G.S. 15A-145.6(f) reads as rewritten: 4
256	256		"(f) The court shall order that the person be restored, in the contemplation of the law, to 5
257	257		the status the person occupied before the arrest or indictment or information if the court finds all 6
258	258		of the following after a hearing: 7
259	259		(1) The criteria set out in subsection (b) of this section are satisfied. 8
260	260		(2) The petitioner has remained of good moral character and has been free of 9
261	261		conviction of any felony or misdemeanor, other than a traffic violation, since 10
262	262		the date of conviction of the prostitution offense in question. 11
263	263		(3) The petitioner has no outstanding warrants or pending criminal cases.cases, is 12
264	264		not under indictment, and no finding of probable cause exists against the 13
265	265		defendant for a felony in any federal court or state court in the United States. 14
266	266		(3a) The petitioner is not free on bond or personal recognizance pending trial, 15
267	267		appeal, or sentencing in any federal court or state court in the United States 16
268	268		for a crime which would prohibit the person from having his or her petition 17
269	269		for expunction under this section granted. 18
270	270		(4) The petitioner has no outstanding restitution orders or civil judgments 19
271	271		representing amounts ordered for restitution entered against the petitioner. 20
272	272		(5) The search of the confidential records of expunctions conducted by the 21
273	273		Administrative Office of the Courts shows that the petitioner has not been 22
274	274		previously granted an expunction, other than an expunction for a prostitution 23
275	275		offense." 24
276	276		SECTION 4.(g) G.S. 15A-145.8A reads as rewritten: 25
277	277		"§ 15A-145.8A. Expunction of records for offenders under the age of 18 at the time of 26
278	278		commission of certain misdemeanors and felonies upon completion of the 27
279	279		sentence. 28
280	280		(a) A person, the district attorney, or an attorney at the request of a person eligible for 29
281	281		expunction under this section, may file, in the court of the county where the person was 30
282	282		convicted, a petition for expunction from the person's criminal record of any misdemeanor or 31
283	283		Class H or I felony not excluded by subsection (b) of this section if the offense was committed 32
284	284		prior to December 1, 2019, and while the person was less than 18 years of age, but at least 16 33
285	285		years of age. The petition shall not be filed until (i) any active sentence, period of probation, and 34
286	286		post-release supervision ordered for the offense has been served and (ii) the person has no 35
287	287		restitution orders for the offense or outstanding civil judgments representing amounts ordered for 36
288	288		restitution for the offense. 37
289	289		(b) An offense is not eligible for expunction under this section if it is (i) a violation of the 38
290	290		motor vehicle laws under Chapter 20 of the General Statutes, including any offense involving 39
291	291		impaired driving as defined in G.S. 20-4.01(24a) or (ii) an offense requiring registration pursuant 40
292	292		to Article 27A of Chapter 14 of the General Statutes, whether or not the person is currently 41
293	293		required to register. 42
294	294		(c) If the petition was not filed by the district attorney, the petition shall be served upon 43
295	295		the district attorney of the court wherein the case was tried resulting in conviction. The district 44
296	296		attorney shall have 30 days thereafter in which to file any objection thereto and shall be duly 45
297	297		notified as to the date of the hearing of the petition. The district attorney shall make his or her 46
298	298		best efforts to contact the victim, if any, to notify the victim of the request for expunction prior 47
299	299		to the date of the hearing. Upon request by the victim, the victim has a right to be present at any 48
300	300		hearing on the petition for expunction and the victim's views and concerns shall be considered 49
301	301		by the court at such hearing. 50 General Assembly Of North Carolina Session 2025
302		-	House Bill 308-~~Third~~ Edition Page 7
	302	+	House Bill 308-Second Edition Page 7
303	303		(d) If the court, after hearing, finds that (i) the offense was a misdemeanor or Class H or 1
304	304		I felony eligible for expunction under this section, (ii) the offense was committed prior to 2
305	305		December 1, 2019, and while the person was less than 18 years of age, but at least 16 years of 3
306	306		age, (iii) any active sentence, period of probation, and post-release supervision ordered for the 4
307	307		offense was completed, and (iv) the person has no restitution orders for the offense or outstanding 5
308	308		civil judgments representing amounts ordered for restitution for the offense, the court shall order 6
309	309		that the person be restored, in the contemplation of the law, to the status the person occupied 7
310	310		before such arrest or indictment or information, and that the record be expunged from the records 8
311	311		of the court. The court shall order that the person be restored, in contemplation of the law, to the 9
312	312		status the person occupied before the arrest or indictment or information, and that the record be 10
313	313		expunged from the records of the court, if the court finds all of the following after a hearing: 11
314	314		(1) The offense was a misdemeanor or Class H or I felony eligible for expunction 12
315	315		under this section. 13
316	316		(2) The offense was committed prior to December 1, 2019, and while the person 14
317	317		was less than 18 years of age but at least 16 years of age. 15
318	318		(3) Any active sentence, period of probation, and post-release supervision ordered 16
319	319		for the offense was completed. 17
320	320		(4) The person has no restitution orders for the offense or outstanding civil 18
321	321		judgments representing amounts ordered for restitution for the offense. 19
322	322		(5) The petitioner has no outstanding warrants or pending criminal cases, is not 20
323	323		under indictment, and no finding of probable cause exists against the 21
324	324		defendant for a felony in any federal court or state court in the United States. 22
325	325		(6) The petitioner is not free on bond or personal recognizance pending trial, 23
326	326		appeal, or sentencing in any federal court or state court in the United States 24
327	327		for a crime which would prohibit the person from having his or her petition 25
328	328		for expunction under this section granted. 26
329	329		(d1) A person convicted of multiple offenses shall be eligible to have those convictions 27
330	330		expunged pursuant to this section. 28
331	331		(e) Any petition for expunction under this section shall be on a form approved by the 29
332	332		Administrative Office of the Courts and shall be filed with the clerk of superior court in the 30
333	333		county where the person was convicted. Upon order of expunction, the clerk shall forward the 31
334	334		order to the Administrative Office of the Courts. 32
335	335		(f) No person as to whom such order has been entered shall be held thereafter under any 33
336	336		provision of any laws to be guilty of perjury or otherwise giving a false statement by reason of 34
337	337		that person's failure to recite or acknowledge such arrest, or indictment, information, or trial, or 35
338	338		response to any inquiry made of the person for any purpose. 36
339	339		(g) The court shall also order that the conviction be expunged from the records of the 37
340	340		court. The court shall direct all law enforcement agencies, the Department of Adult Correction, 38
341	341		the Division of Motor Vehicles, and any other State or local government agencies identified by 39
342	342		the petitioner as bearing record of the same to expunge their records of the petitioner's conviction. 40
343	343		The clerk shall notify State and local agencies of the court's order as provided in G.S. 15A-150. 41
344	344		(h) A person who files a petition for expunction of a criminal record under this section 42
345	345		must pay the clerk of superior court a fee of fifty-two dollars and fifty cents ($52.50) at the time 43
346	346		the petition is filed. Fees collected under this subsection are payable to the Administrative Office 44
347	347		of the Courts. The fee shall be retained by the Administrative Office of the Courts and used to 45
348	348		pay the costs of processing petitions for expunctions under this section. This subsection does not 46
349	349		apply to petitions filed by an indigent." 47
350	350		SECTION 4.(h) G.S. 15A-145.9(f) reads as rewritten: 48
351	351		"(f) Restoration of Status. – The court shall order that the person be restored, in the 49
352	352		contemplation of the law, to the status the person occupied before the arrest or indictment or 50
353	353		information if the court finds all of the following after a hearing: 51 General Assembly Of North Carolina Session 2025
354		-	Page 8 House Bill 308-~~Third~~ Edition
	354	+	Page 8 House Bill 308-Second Edition
355	355		(1) The criteria set out in subsection (b) of this section are satisfied. 1
356	356		(2) The petitioner has no outstanding warrants.warrants or pending criminal 2
357	357		cases, is not under indictment, and no finding of probable cause exists against 3
358	358		the defendant for a felony in any federal court or state court in the United 4
359	359		States. 5
360	360		(2a) The petitioner is not free on bond or personal recognizance pending trial, 6
361	361		appeal, or sentencing in any federal court or state court in the United States 7
362	362		for a crime which would prohibit the person from having his or her petition 8
363	363		for expunction under this section granted. 9
364	364		(3) The petitioner has no outstanding restitution orders or civil judgments 10
365	365		representing amounts ordered for restitution entered against the petitioner." 11
366	366		SECTION 4.(i) This section becomes effective December 1, 2025, and applies to 12
367	367		petitions filed on or after that date. 13
368	368		SECTION 5.(a) G.S. 15A-151(a)(2) reads as rewritten: 14
369	369		"(2) Upon request of a person person, or an attorney representing the person, 15
370	370		requesting confirmation of the person's own discharge or expunction." 16
371	371		SECTION 5.(b) This section is effective when it becomes law and applies to requests 17
372	372		made on or after that date. 18
373	373		19
374		-	~~REMOVE CONCURRENT SENTENCING DEFAULT~~ 20
	374	+	REQUIRE SENTENCES TO RUN CONSECUTIVELY IF NOT SPECIFIED 20
375	375		SECTION 6.(a) G.S. 15A-1354(a) reads as rewritten: 21
376	376		"(a) Authority of Court. – When multiple sentences of imprisonment are imposed on a 22
377	377		person at the same time or when a term of imprisonment is imposed on a person who is already 23
378	378		subject to an undischarged term of imprisonment, including a term of imprisonment in another 24
379	379		jurisdiction, the sentences may run either concurrently or consecutively, as determined by the 25
380		-	court. If not specified or not required by statute to run consecutively, sentences shall run 26
381		-	concurrently.The court shall make a finding on the record stating the reasoning for the 27
382		-	determination of the court." 28
383		-	SECTION 6.(b) This section becomes effective December 1, 2025, and applies to 29
384		-	offenses committed on or after that date. 30
385		-	31
386		-	EFFECTIVE DATE 32
387		-	SECTION 7. Except as otherwise provided, this act is effective when it becomes 33
388		-	law. 34
	380	+	court. If not specified or not required by statute to run consecutively, by the court, sentences shall 26
	381	+	run concurrently.consecutively." 27
	382	+	SECTION 6.(b) This section becomes effective December 1, 2025, and applies to 28
	383	+	offenses committed on or after that date. 29
	384	+	30
	385	+	EFFECTIVE DATE 31
	386	+	SECTION 7. Except as otherwise provided, this act is effective when it becomes 32
	387	+	law. 33