The Second Chance Act (Senate Bill 562) was signed into law by Governor Roy Cooper on June 25th 2020. As previously stated, 25% of all North Carolinians have criminal records, leading to “collateral consequences” that negatively impact their ability to find, secure, and retain housing, employment, and other essential opportunities.
The Second Chance Act, which passed unanimously across political party lines, achieved several major wins (with many others written into the more detailed sections of the Act):
It expanded eligibility for expunging older, nonviolent criminal convictions (both felonies and misdemeanors) after a waiting period:
A single nonviolent misdemeanor - waiting period of 5 years
Multiple nonviolent misdemeanors - waiting period of 7 years
A single nonviolent felony - waiting period of 10 years
It allows automatic expungement of certain dismissed or “not guilty” charges.
It allows prosecutors to petition for expungement for dismissed or “not guilty” charges that aren’t eligible for automatic expungement
It allows prosecutors to petition for expungements for Raise the Age convictions (addressing a loophole affecting eligibility for individuals who were charged and/or convicted during the interim time when the adult age in NC was raised from 16 to 18 by the Raise the Age Act)
It removes certain, previous pre-conditions for expunctions (waiting periods, limits on number of expunctions, disqualifications on eligibility). For example, it removes the previous conviction bar to eligibility - meaning that prior, unrelated convictions (whether for a felony or misdemeanor) will no longer be a bar for expungement of other, non-conviction records.
Any Misdemeanor or Class H or I Felony committed before Dec. 1, 2019 by a person between the ages of 16-18 (at the time of the offense) can file a petition for expunction after an active sentence, probation and post release have been completed and there are no restitution orders outstanding. District Attorneys can now file these expungement petitions, which provide an opportunity for mass relief efforts.
You cannot file for expunction if:
The violation was for motor vehicle laws under Ch. 20 including impaired driving
The violation requires registration pursuant to Article 27A of Ch. 14
The forms to file an expungement under these criteria will be made and distributed by Sept. 1, 2020. There is a $175 filing fee through the court for this expungement.
Previous felony convictions no longer blocks these expungements
Single Dismissal: If a person has a dismissal of a misdemeanor or felony, the court shall order expunction. Effective: Dec. 1, 2020. Petition based: Must file with court
Multiple Dismissals: If all charges are dismissed the court will order an expungement and if some of the charges are dismissed the court may order expungement. Effective: Dec. 1, 2020. Petition based: Must file with court
Finding of Not Guilty: A person charged with a misdemeanor or felony and a finding of not guilty or not responsible is entered, the court will file for expunction. Effective: Dec. 1, 2020. Petition based: Must file with court. Can be one or multiple offenses
After Dec. 1, 2021: A person charged with a crime on or after Dec. 1, 2021 and charges are dismissed, found not guilty, or not responsible will be expunged.
Automatic 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
If a person is granted an expunction under this section, they are not eligible for any other expunction under this section for offenses committed after the date of the previous expunction. Effective: Dec. 1, 2020 and applies to petitions filed on or after that date.
You can file for expunction of one nonviolent misdemeanor:
5 years after the date of conviction, or active sentence, probation or post release has been served; whichever occurs later. You must have no other felony or misdemeanor convictions other than traffic; and no outstanding restitution or civil judgements.
You can file for expunction of more than one nonviolent misdemeanor:
7 years after the last date of conviction, or active sentence, probation or post release has been served; whichever occurs later, and have no other convictions that are excluded from expunction eligibility, felony or misdemeanor. You cannot have any other conviction during the 7-year waiting period, and must have no outstanding restitution or civil judgements
You can file for expunction of one nonviolent felony conviction:
10 years after the date of conviction, or active sentence, probation or post release has been served; whichever occurs later. You cannot have any other convictions during the 10-year waiting period and must have no outstanding restitution or civil judgements. No other convictions that are excluded from expunction eligibility
Note: The definitions of “nonviolent misdemeanor” and “nonviolent felony” are not changed by this bill, and are still defined by NC Legislature § 15A-145.5.
Note: 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 if the person re-offends.
This section was heavily informed by both the Collateral Consequences Resource Center page “North Carolina enacts Second Chance Act” and by the NC Second Chance Alliance page “What is Senate Bill 562.”