After two years of organizing, advocacy, and outreach by members of the NC Second Chance Alliance, the Second Chance Act (SB 562) was signed into law by Governor Roy Cooper on June 25, 2020. Most provisions of the new law became effective December 1, 2020. The provision providing for automatic expunction of most dismissed charges “by operation of law” will become effective December 1, 2021.
The Second Chance Act
At least 1 in 4 North Carolinians have criminal records that often create devastating “collateral consequences” that impact housing, employment, and other opportunities.
The Second Chance Act was a bipartisan “clean slate” bill (Senate Bill 562) that passed the NC General Assembly unanimously and was signed into law by Governor Cooper in 2020. The Second Chance Act expands eligibility for expunging multiple nonviolent misdemeanor convictions and automates expungement of certain dismissed or “not guilty” charges. The Second Chance Act also allows prosecutors to petition for expungement for dismissed or “not guilty” charges and “youthful convictions”.
ELIGIBILITY FOR EXPUNCTION RELIEF UNDER THE SECOND CHANCE ACT AND LINKS TO RELEVANT PETITION FORMS
EXPUNCTION OF CONVICTIONS FOR YOUTHFUL OFFENSES (aka “Raise the Age” parity relief).
Any and all convictions for misdemeanor and/or Class H or I felony offenses committed before Dec. 1, 2019 by a person at ages 16 and/or 17 (other than traffic offenses and offenses that require registration on the sex offense registry) can be expunged by petition after any active sentence, probation and post release have been completed for all expungeable offenses and there are no restitution orders outstanding. District Attorneys can now file these expungement petitions, which provides an opportunity for mass relief of more than 400,000 convictions. A judge is required to grant any petition for expunction of an eligible conviction(s).
To file for expunction of one or multiple “youthful convictions” eligible for expunction under GS 15A-145.8A, a person can file this petition form following these instructions.
A district attorney may file for expunction of one or multiple “youthful convictions” eligible for expunction under GS 15A-145.8A, using this petition form.
EXPUNCTION FOR CHARGES NOT RESULTING IN CONVICTION.
One of the biggest changes in the Second Chance Act is the elimination of the felony conviction disqualification for expunction of dismissed charges and charges disposed “not guilty”. Accordingly, any misdemeanor or felony charge that does not result in conviction can be now be expunged.
For expunction of one or multiple dismissed charges, a person must file this petition form.
For expunction of one or multiple dismissed charges, a district attorney may file this petition form.
For expunction of one or multiple charges disposed “not guilty”, a person must file this petition form.
For expunction of one or multiple charges disposed “not guilty” a district attorney may file this petition form.
On and after December 1, 2021: A charge for a misdemeanor or felony offense or an infraction that is dismissed (or disposed “not guilty” or “not responsible” on or after December 1, 2021 will–in most situations–be expunged automatically “by operation of law.”
Automated Relief: If all charges are dismissed in the case these offenses will be automatically expunged.
Plea Agreement: These are not automated but you can petition for expungement of charges that are dismissed through a plea agreement.
EXPUNCTION OF ALL NONVIOLENT MISDEMEANORS AND ONE INCIDENT OF NONVIOLENT CONVICTIONS
In certain circumstances, a person may petition for expunction of all nonviolent misdemeanor convictions and up to one incident of nonviolent felony convictions using this petition form and following these instructions.
A person can file for expunction of one nonviolent misdemeanor:
At least 5 years of after the date of conviction as long as the person has completed any active sentence, probation, or post-release supervision. To be eligible, a person must have no other felony or misdemeanor convictions, other than traffic violations, and no outstanding restitution or civil judgements.
A person can file for expunction of more than one nonviolent misdemeanor:
At least 7 years after the person has completed any active sentence, probation, or post-release supervision for all convictions for which the person is seeking expunction. A person is not eligible if they have any other conviction that is considered “violent” under the expunction statutes. A person cannot have any convictions, other than traffic violations, during the 7-year waiting period, and must have no outstanding restitution order for the convictions for which the person is seeking expunction.
A person can file for expunction of one nonviolent felony conviction:
At least 10 years after the person has completed any active sentence, probation, and/or post-release supervision. A person is not eligible if they have any other conviction that is considered “violent” under the expunction statutes. A person cannot have any convictions, other than traffic violations, during the 10-year waiting period, and must have no outstanding restitution order for the convictions for which the person is seeking expunction. NOTE: For purposes of expunction law, all nonviolent felony convictions disposed in the same session of court are considered one nonviolent felony conviction and can all be expunged if otherwise eligible for expunction relief.
Note: The definitions of “nonviolent misdemeanor” and “nonviolent felony” under GS 15A-145.5 are not changed by this bill.
Expunged criminal records are not available to the public, but expunged dismissals and convictions can still be accessed by district attorneys and considered by courts for sentencing and other purposes if the person re-offends.