A BILL TO BE ENTITLED
AN ACT to restructure the prior record level point ranges IN STRUCTURED SENTENCING in order to expand the points in prior record level i and to even out the remaining ranges; to make the increase in sentence lengths between prior record levels more PROPORTIONATE using a set percentage increment; TO INCREASE THE PERIOD OF POST‑RELEASE SUPERVISION FROM NINE MONTHS TO TWELVE MONTHS, to reclassify statutory rape or sexual offense of a person who is fifteen years old by a defendant who is more than four years but less than six years older as a Class F felony; to provide for the expunction of convictions for certain criminal offenses; to modify the age requirements of certain expunctions to be the age at the time of the offense rather than the age at the time of conviction; TO MAKE CONFORMING CHANGES TO EXISTING EXPUNCTION STATUTES; AND TO REQUIRE STATE AND NATIONAL CRIMINAL RECORD CHECKS WHEN EXPUNGING RECORDS.
The General Assembly of North Carolina enacts:

PART I. RESTRUCTURE PRIOR CRIMINAL RECORD POINTS AND SENTENCE LENGTHS FOR STRUCTURED SENTENCING
SECTION 1.  G.S. 15A‑1340.14(c) reads as rewritten:
"(c)	Prior Record Levels for Felony Sentencing. – The prior record levels for felony sentencing are:
(1)	Level I – Not more than 1 point.
(2)	Level II – At least 2, but not more than 5 points.
(3)	Level III – At least 6, but not more than 9 points.
(4)	Level IV – At least 10, but not more than 13 points.
(5)	Level V – At least 14, but not more than 17 points.
(6)	Level VI – At least 18 points.
In determining the prior record level, the classification of a prior offense is the classification assigned to that offense at the time the offense for which the offender is being sentenced is committed."
SECTION 2.  G.S. 15A‑1340.17 reads as rewritten:
"§ 15A‑1340.17.  Punishment limits for each class of offense and prior record level.
(a)	Offense Classification; Default Classifications. – The offense classification is as specified in the offense for which the sentence is being imposed. If the offense is a felony for which there is no classification, it is a Class I felony.
(b)	Fines. – Any judgment that includes a sentence of imprisonment may also include a fine. If a community punishment is authorized, the judgment may consist of a fine only. Additionally, when the defendant is other than an individual, the judgment may consist of a fine only. Unless otherwise provided, the amount of the fine is in the discretion of the court.
(c)	Punishments for Each Class of Offense and Prior Record Level; Punishment Chart Described. – The authorized punishment for each class of offense and prior record level is as specified in the chart below. Prior record levels are indicated by the Roman numerals placed horizontally on the top of the chart. Classes of offense are indicated by the letters placed vertically on the left side of the chart. Each cell on the chart contains the following components:
(1)	A sentence disposition or dispositions: "C" indicates that a community punishment is authorized; "I" indicates that an intermediate punishment is authorized; "A" indicates that an active punishment is authorized; and "Life Imprisonment Without Parole" indicates that the defendant shall be imprisoned for the remainder of the prisoner's natural life.
(2)	A presumptive range of minimum durations, if the sentence of imprisonment is neither aggravated or mitigated; any minimum term of imprisonment in that range is permitted unless the court finds pursuant to G.S. 15A‑1340.16 that an aggravated or mitigated sentence is appropriate. The presumptive range is the middle of the three ranges in the cell.
(3)	A mitigated range of minimum durations if the court finds pursuant to G.S. 15A‑1340.16 that a mitigated sentence of imprisonment is justified; in such a case, any minimum term of imprisonment in the mitigated range is permitted. The mitigated range is the lower of the three ranges in the cell.
(4)	An aggravated range of minimum durations if the court finds pursuant to G.S. 15A‑1340.16 that an aggravated sentence of imprisonment is justified; in such a case, any minimum term of imprisonment in the aggravated range is permitted. The aggravated range is the higher of the three ranges in the cell.

PRIOR RECORD LEVEL

	I	II	III	IV	V	VI
						
	0‑1 Pt	2‑5 Pts	6‑9 Pts	10‑13 Pts	14‑17 Pts	18+ Pts
A	Life Imprisonment Without Parole or Death as Established by Statute
	A	A	A	A	A	A	DISPOSITION

							
							
	237‑297	273‑342	314‑394	362‑453	Life Imprisonment	Aggravated
	Without Parole
B1	189‑237	218‑273	251‑314	289‑362	333‑417	383‑480	PRESUMPTIVE
	141‑189	163‑218	187‑251	216‑289	249‑333	287‑383	Mitigated
	A	A	A	A	A	A	DISPOSITION

							
	154‑193	177‑222	204‑255	235‑294	270‑339	311‑390	Aggravated
B2	122‑154	141‑177	162‑204	187‑235	216‑270	248‑311	PRESUMPTIVE
	91‑122	105‑141	121‑162	140‑187	161‑216	186‑248	Mitigated
	A	A	A	A	A	A	DISPOSITION 
							
C							
							
	70‑89	80‑101	93‑117	107‑135	124‑156	143‑179	Aggravated
C	55‑70	64‑80	74‑93	85‑107	98‑124	114‑143	PRESUMPTIVE
	41‑55	47‑64	55‑74	63‑85	73‑98	84‑114	Mitigated
	A	A	A	A	A	A	DISPOSITION

	61‑77	70‑89	81‑102	94‑118	108‑136	125‑157	Aggravated
D	48‑61	56‑70	64‑81	75‑94	86‑108	100‑125	PRESUMPTIVE
	35‑48	41‑56	48‑64	55‑75	64‑86	74‑100	Mitigated
	I/A	I/A	A	A	A	A	DISPOSITION
																					
	22‑28	26‑33	30‑38	35‑45	41‑52	47‑60	Aggravated
E	17‑22	20‑26	23‑30	27‑35	32‑41	37‑47	PRESUMPTIVE
	12‑17	14‑20	17‑23	20‑27	23‑32	27‑37	Mitigated	I/A	I/A	I/A	A	A	A	DISPOSITION
																						16‑20	19‑23	21‑27	25‑31	28‑36	33‑41	Aggravated
F	13‑16	15‑19	17‑21	20‑25	23‑28	26‑33	PRESUMPTIVE
	10‑13	11‑15	13‑17	15‑20	17‑23	20‑26	Mitigated
	I/A	I/A	I/A	I/A	A	A	DISPOSITION
																						13‑16	14‑18	17‑21	19‑24	22‑27	25‑31	Aggravated
G	10‑13	12‑14	13‑17	15‑19	17‑22	20‑25	PRESUMPTIVE
	8‑10	9‑12	10‑13	11‑15	13‑17	15‑20	Mitigated
	C/I/A	I/A	I/A	I/A	I/A	A	DISPOSITION
	6‑8	8‑10	10‑12	11‑14	15‑19	20‑25	Aggravated
H	5‑6	6‑8	 8‑10	 9‑11	12‑15	16‑20	PRESUMPTIVE
	4‑5	4‑6	 6‑8	 7‑9	 9‑12	12‑16	Mitigated
	C	C/I	I	I/A	I/A	I/A	DISPOSITION
	6‑8	6‑8	6‑8	8‑10	9‑11	10‑12	Aggravated
I	4‑6	4‑6	5‑6	6‑8	7‑9	8‑10	PRESUMPTIVE
	3‑4	3‑4	4‑5	4‑6	5‑7	6‑8	Mitigated
(d)		Maximum Sentences Specified for Class F through Class I Felonies. – Unless provided otherwise in a statute establishing a punishment for a specific crime, for each minimum term of imprisonment in the chart in subsection (c) of this section, expressed in months, the corresponding maximum term of imprisonment, also expressed in months, is as specified in the table below for Class F through Class I felonies. The first figure in each cell in the table is the minimum term and the second is the maximum term.

3‑4	4‑5	5‑6	6‑8	7‑9	8‑10	9‑11	10‑12
11‑14	12‑15	13‑16	14‑17	15‑18	16‑20	17‑21	18‑22
19‑23	20‑24	21‑26	22‑27	23‑28	24‑29	25‑30	26‑32
27‑33	28‑34	29‑35	30‑36	31‑38	32‑39	33‑40	34‑41
35‑42	36‑44	37‑45	38‑46	39‑47	40‑48	41‑50	42‑51
43‑52	44‑53	45‑54	46‑56	47‑57	48‑58	49‑59

(e)	Maximum Sentences Specified for Class B1 through Class E Felonies for Minimum Terms up to 339 Months. – Unless provided otherwise in a statute establishing a punishment for a specific crime, for each minimum term of imprisonment in the chart in subsection (c) of this section, expressed in months, the corresponding maximum term of imprisonment, also expressed in months, is as specified in the table below for Class B1 through Class E felonies. The first figure in each cell of the table is the minimum term and the second is the maximum term.

																																																																																																																																																																																										20‑36	21‑38	22‑39	23‑40	24‑41	25‑42	26‑44	27‑45
28‑46	29‑47	30‑48	31‑50	32‑51	33‑52	34‑53	35‑54
36‑56	37‑57	38‑58	39‑59	40‑60	41‑62	42‑63	43‑64
44‑65	45‑66	46‑68	47‑69	48‑70	49‑71	50‑72	51‑74
52‑75	53‑76	54‑77	55‑78	56‑80	57‑81	58‑82	59‑83
60‑84	61‑86	62‑87	63‑88	64‑89	65‑90	66‑92	67‑93
68‑94	69‑95	70‑96	71‑98	72‑99	73‑l00	74‑101	75‑102
76‑104	77‑105	78‑106	79‑107	80‑108	81‑110	82‑111	83‑112
84‑113	85‑114	86‑116	87‑117	88‑118	89‑119	90‑120	91‑122
92‑123	93‑124	94‑125	95‑126	96‑128	97‑129	98‑130	99‑131
100‑132	101‑134	102‑135	103‑136	104‑137	105‑138	106‑140	107‑141
108‑142	109‑143	110‑144	111‑146	112‑147	113‑148	114‑149	115‑150
116‑152	117‑153	118‑154	119‑155	120‑156	121‑158	122‑159	123‑160
124‑161	125‑162	126‑164	127‑165	128‑166	129‑167	130‑168	131‑170
132‑171	133‑172	134‑173	135‑174	136‑176	137‑177	138‑178	139‑179
140‑180	141‑182	142‑183	143‑184	144‑185	145‑186	146‑188	147‑189
148‑190	149‑191	150‑192	151‑194	152‑195	153‑196	154‑197	155‑198
156‑200	157‑201	158‑202	159‑203	160‑204	161‑206	162‑207	163‑208
164‑209	165‑210	166‑212	167‑213	168‑214	169‑215	170‑216	171‑218
172‑219	173‑220	174‑221	175‑222	176‑224	177‑225	178‑226	179‑227
180‑228	181‑230	182‑231	183‑232	184‑233	185‑234	186‑236 	187‑237
188‑238	189‑239	190‑240	191‑242	192‑243	193‑244	194‑245	195‑246
196‑248	197‑249	198‑250	199‑251	200‑252	201‑254	202‑255	203‑256
204‑257	205‑258	206‑260	207‑261	208‑262	209‑263	210‑264	211‑266
212‑267	213‑268	214‑269	215‑270	216‑272	217‑273	218‑274	219‑275
220‑276	221‑278	222‑279	223‑280	224‑281	225‑282	226‑284	227‑285
228‑286	229‑287	230‑288	231‑290	232‑291	233‑292	234‑293	235‑294
236‑296	237‑297	238‑298	239‑299	240‑300	241‑302	242‑303	243‑304
244‑305	245‑306	246‑308	247‑309	248‑310	249‑311	250‑312	251‑314
252‑315	253‑316	254‑317	255‑318	256‑320	257‑321	258‑322	259‑323
260‑324	261‑326	262‑327	263‑328	264‑329	265‑330	266‑332	267‑333
268‑334	269‑335	270‑336	271‑338	272‑339	273‑340	274‑341	275‑342
276‑344	277‑345	278‑346	279‑347	280‑348	281‑350	282‑351	283‑352
284‑353	285‑354	286‑356	287‑357	288‑358	289‑359	290‑360	291‑362
292‑363	293‑364	294‑365	295‑366	296‑368	297‑369	298‑370	299‑371
300‑372	301‑374	302‑375	303‑376	304‑377	305‑378	306‑380	307‑381
308‑382	309‑383	310‑384	311‑386	312‑387	313‑388	314‑389	315‑390
316‑392	317‑393	318‑394	319‑395	320‑396	321‑398	322‑399	323‑400
324‑401	325‑402	326‑404	327‑405	328‑406	329‑407	330‑408	331‑410
332‑411	333‑412	334‑413	335‑414	336‑416	337‑417	338‑418	339‑419

(e1)	Maximum Sentences Specified for Class B1 through Class E Felonies for Minimum Terms of 340 Months or More. – Unless provided otherwise in a statute establishing a punishment for a specific crime, when the minimum sentence is 340 months or more, the corresponding maximum term of imprisonment shall be equal to the sum of the minimum term of imprisonment and twenty percent (20%) of the minimum term of imprisonment, rounded to the next highest month, plus twelve additional months."

PART II. INCREASE POST‑RELEASE SUPERVISION PERIOD TO TWELVE MONTHS
SECTION 3.  G.S. 15A‑1368(a)(5) reads as rewritten:
"(5)	Maximum imposed term. – The maximum term of imprisonment imposed on an individual prisoner by a court judgment, as described in G.S. 15A‑1340.13(c). When a prisoner is serving consecutive prison terms, the maximum imposed term, for purposes of this Article, is the sum of all maximum terms imposed in the court judgment or judgments, less 12 months for each of the second and subsequent sentences imposed for Class B through Class E felonies."
SECTION 4.  G.S. 15A‑1368.2 reads as rewritten:
"§ 15A‑1368.2.  Post‑release supervision eligibility and procedure.
(a)	A prisoner to whom this Article applies shall be released from prison for post‑release supervision on the date equivalent to his maximum imposed prison term less 12 months, less any earned time awarded by the Department of Correction or the custodian of a local confinement facility under G.S. 15A‑1340.13(d). If a prisoner has not been awarded any earned time, the prisoner shall be released for post‑release supervision on the date equivalent to his maximum prison term less 12 months.
(b)	A prisoner shall not refuse post‑release supervision.
(c)	A supervisee's period of post‑release supervision shall be for a period of 12 months, unless the offense is an offense for which registration is required pursuant to Article 27A of Chapter 14 of the General Statutes. For offenses subject to the registration requirement of Article 27A of Chapter 14 of the General Statutes, the period of post‑release supervision is five years. The conditions of post‑release supervision are as authorized in G.S. 15A‑1368.5.
(c1)	Notwithstanding subsection (c) of this section, a person required to submit to satellite‑based monitoring pursuant to G.S. 15A‑1368.4(b1)(6) shall continue to participate in satellite‑based monitoring beyond the period of post‑release supervision until the Commission releases the person from that requirement pursuant to G.S. 14‑208.43.
(d)	A supervisee's period of post‑release supervision may be reduced while the supervisee is under supervision by earned time awarded by the Department of Correction, pursuant to rules adopted in accordance with law. A supervisee is eligible to receive earned time credit toward the period of supervision for compliance with reintegrative conditions described in G.S. 15A‑1368.5.
(e)	Repealed by Session Laws 1997‑237, s. 7.
(f)	When a supervisee completes the period of post‑release supervision, the sentence or sentences from which the supervisee was placed on post‑release supervision are terminated."

PART III. RECLASSIFY STATUTORY RAPE OR SEXUAL OFFENSE OF A PERSON WHO IS 15 YEARS OLD
SECTION 5.  G.S. 14‑27.7A reads as rewritten:
"§ 14‑27.7A.  Statutory rape or sexual offense of person who is 13, 14, or 15 years old.
(a)	A defendant is guilty of a Class B1 felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person, except when the defendant is lawfully married to the person.
(b)	A defendant is guilty of a Class C felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13 or 14 years old and the defendant is more than four but less than six years older than the person, except when the defendant is lawfully married to the person.
(c)	A defendant is guilty of a Class F felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 15 years old and the defendant is more than four but less than six years older than the person, except when the defendant is lawfully married to the person."

PART IV. EXPUNGE CERTAIN CRIMES
SECTION 6.  Article 5 of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A‑150.  Expunction of records for convictions of certain criminal offenses if petitioner's citizenship rights have been restored and there are no subsequent criminal convictions for at least 10 years.
(a)	The following definitions apply in this section:
(1)	Criminal offense. – A misdemeanor, Class H felony, or Class I felony; however, the term does not include any of the following:
a.	An offense that includes assault as an essential element of the offense, other than a violation of G.S. 14‑33(a) or (b).
b.	An offense for which the offender must register under Article 27A of Chapter 14 of the General Statutes.
c.	An offense that includes the possession or use of a firearm as an essential element of the offense.
d.	An offense for which the offender was armed with or used a firearm.
e.	An offense that is trafficking under G.S. 90‑95(h).
f.	An offense that is a breaking or entering offense that involves a residence or dwelling.
(2)	Traffic violation. – The term does not include felony speeding to elude arrest nor does it include misdemeanor or felony vehicular homicide.
(b)	A person who was convicted of a criminal offense may petition the court in which the person was convicted to expunge the criminal offense from the person's criminal record if all of the following criteria are met:
(1)	With the exception of the criminal offense for which the petition has been filed, the person has never been convicted of any felony or misdemeanor other than a traffic violation under the laws of the United States, the laws of this State, or the laws of any other state.
(2)	The person has no pending felony or misdemeanor charges other than a traffic violation in federal court, a court of this State, or any other state court.
(3)	The person has no outstanding restitution orders or civil judgments representing amounts ordered for restitution entered against him or her. 
(4)	The person has no previous expunction under this section.
(5)	The person's citizenship rights have been restored pursuant to Chapter 13 of the General Statutes for a period of at least 10 years.
(c)	A petition to expunge a criminal offense under this section shall not be filed earlier than 10 years after the date that the person's citizenship rights have been restored pursuant to Chapter 13 of the General Statutes. The petition shall contain the following:
(1)	An affidavit by the petitioner that the petitioner's citizenship rights have been restored pursuant to Chapter 13 of the General Statutes and that the petitioner has been of good behavior for the 10‑year period since the restoration of the petitioner's citizenship rights and has not been convicted of any felony or misdemeanor other than a traffic violation under the laws of the United States or the laws of this State or any other state.
(2)	Verified affidavits of two persons who are not related to the petitioner or to each other by blood or marriage, that they know the character and reputation of the petitioner in the community in which the petitioner lives, and that the person's character and reputation are good.
(3)	A statement that the petition is a motion in the cause in the case wherein the petitioner was convicted.
(4)	An application on a form approved by the Administrative Office of the Courts requesting and authorizing a State and national criminal history record check by the Department of Justice using any information required by the Administrative Office of the Courts to identify the individual and a search of the confidential record of expunctions maintained by the Administrative Office of the Courts. The application shall be forwarded to the Department of Justice and to the Administrative Office of the Courts, which shall conduct the searches and report their findings to the court.
(5)	An affidavit by the petitioner that no restitution orders or civil judgments representing amounts ordered for restitution entered against the petitioner are outstanding.
(6)	A list of the occupational licensing boards to be notified of the expunction on behalf of the petitioner, if the expunction is ordered by the court. The list shall be limited to those occupational licensing boards that have denied the petitioner an occupational license based on the petitioner's conviction of the criminal offense.
The petition shall be served upon the district attorney of the court where the case was tried resulting in conviction. The district attorney shall have 30 days to file any objection to the petition and shall be notified as to the date of the hearing of the petition.
The judge to whom the petition is presented may call upon a probation officer for any additional investigation or verification of the petitioner's conduct during the 10‑year period that the judge deems desirable.
(d)	The court shall conduct a hearing to determine whether the petition for expunction should be granted. At the hearing, the court may consider any information the court deems relevant that is provided by the petitioner, law enforcement officers, the district attorney, and victims of the criminal offense committed by the petitioner. Except as provided otherwise by this subsection, if the court finds that the criteria set forth in subsection (b) of this section have been met, then the court shall order that the petitioner be restored, in the contemplation of the law, to the status the petitioner occupied before the arrest, indictment, conviction, or information for the criminal offense. The court shall not order an expunction under this section if the court determines that sufficient cause exists to deny the petition.
(e)	No person whose record is ordered expunged pursuant to this section shall be held thereafter under any provision of any laws to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrest, indictment, conviction, information, trial, or response to any inquiry made of the person for any purpose. However, persons pursuing certification under the provisions of Chapter 17C or Chapter 17E of the General Statutes shall disclose any and all felony convictions to the certifying commission regardless of whether or not the felony convictions were expunged under this section.
(f)	The court shall also order that the conviction for the criminal offense be expunged from the records of the court and direct all law enforcement agencies bearing record of the same to expunge their records of the conviction. The clerk shall forward a certified copy of the order to the sheriff, chief of police, or other arresting agency. The sheriff, chief, or head of any other arresting agency shall then transmit the copy of the order with a form supplied by the State Bureau of Investigation to the State Bureau of Investigation, and the State Bureau of Investigation shall forward the order to the Federal Bureau of Investigation. Expunction of records may occur only once under this section with respect to any person.
(g)	Any other applicable State or local government agency shall expunge from its records entries made as a result of the charge or conviction ordered expunged under this section. The agency also shall reverse any administrative actions taken against a person whose record is expunged under this section as a result of the charges or convictions expunged. Notwithstanding any other provision of law, the normal fee for any reinstatement of a license or privilege resulting under this section shall be waived.
(h)	The clerk of superior court in each county shall, as soon as practicable after each term of court in his or her county, file with the Administrative Office of the Courts the names of those persons granted expunctions under the provisions of this section, and the Administrative Office of the Courts shall maintain a confidential file containing the names of persons granted expunctions. The information contained in the file shall be disclosed only as follows:
(1)	To judges of the General Court of Justice for the purpose of ascertaining whether any person charged with an offense has been previously granted an expunction.
(2)	To federal, State, and local law enforcement agencies for employment purposes only.
(3)	To the North Carolina Criminal Justice Education and Training Standards Commission for certification purposes only.
(4)	To the North Carolina Sheriffs' Education and Training Standards Commission for certification purposes only.
(i)	A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred fifty dollars ($150.00) at the time the petition is filed. Seventy‑five dollars ($75.00) of the fee collected under this subsection shall be remitted to the North Carolina Department of Justice to pay the costs of the State Bureau of Investigation purging records pursuant to receipt of an order of expunction. The remaining seventy‑five dollars ($75.00) of the fee shall be remitted to the Administrative Office of the Courts to pay the costs associated with implementation of the provisions of this section. This subsection does not apply to petitions filed by an indigent.
(j)	If a person's record is expunged pursuant to this section and the person is convicted of a subsequent felony or misdemeanor after the expunction, other than a traffic violation, then the court shall include the expunged offense in the calculation of prior record points when imposing the sentence for the subsequent felony or misdemeanor."
SECTION 7.  G.S. 15A‑145 reads as rewritten:
"§ 15A‑145.  Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors.
(a)	Whenever any person who has not previously been convicted of any felony, or misdemeanor other than a traffic violation, under the laws of the United States, the laws of this State or any other state, (i) pleads guilty to or is guilty of a misdemeanor other than a traffic violation, and the offense was committed before the person attained the age of 18 years, or (ii) pleads guilty to or is guilty of a misdemeanor possession of alcohol pursuant to G.S. 18B‑302(b)(1),  and the offense was committed before the person attained the age of 21 years, the person may file a petition in the court where the person was convicted for expunction of the misdemeanor from his or her criminal record. The petition cannot be filed earlier than: (i) two years after the date of the conviction, or (ii) the completion of any period of probation, whichever occurs later, and the petition shall contain, but not be limited to, the following:
(1)	An affidavit by the petitioner that he or she has been of good behavior for the two‑year period since the date of conviction of the misdemeanor in question and has not been convicted of any felony, or misdemeanor other than a traffic violation, under the laws of the United States or the laws of this State or any other state.
(2)	Verified affidavits of two persons who are not related to the petitioner or to each other by blood or marriage, that they know the character and reputation of the petitioner in the community in which the petitioner lives and that the petitioner's character and reputation are good.
(3)	A statement that the petition is a motion in the cause in the case wherein the petitioner was convicted.
	(4)	An application on a form approved by the Administrative Office of the Courts requesting and authorizing a State and national criminal record check by the Department of Justice using any information required by the Administrative Office of the Courts to identify the individual, and a search of the confidential record of expungements maintained by the Administrative Office of the Courts. The application shall be forwarded to the Department of Justice and to the Administrative Office of the Courts, which shall conduct the searches and report their findings to the court.
(5)	An affidavit by the petitioner that no restitution orders or civil judgments representing amounts ordered for restitution entered against him or her are outstanding.
The petition shall be served upon the district attorney of the court wherein the case was tried resulting in conviction. The district attorney shall have 10 days thereafter in which to file any objection thereto and shall be duly notified as to the date of the hearing of the petition.
The judge to whom the petition is presented is authorized to call upon a probation officer for any additional investigation or verification of the petitioner's conduct during the two‑year period that he deems desirable.
(b)	If the court, after hearing, finds that the petitioner had remained of good behavior and been free of conviction of any felony or misdemeanor, other than a traffic violation, for two years from the date of conviction of the misdemeanor in question, the petitioner has no outstanding restitution orders or civil judgments representing amounts ordered for restitution entered against him or her, and (i) petitioner was not 18 years old at the time of the offense in question, or (ii) petitioner was not 21 years old at the time of the offense of possession of alcohol pursuant to G.S. 18B‑302(b)(1), it shall order that such person be restored, in the contemplation of the law, to the status he or she occupied before such arrest or indictment or information. No person as to whom such order has been entered shall be held thereafter under any provision of any laws to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge such arrest, or indictment, information, or trial, or response to any inquiry made of him for any purpose.
(c)	The court shall also order that the said misdemeanor conviction, or a civil revocation of a drivers license as the result of a criminal charge, be expunged from the records of the court, and direct all law‑enforcement agencies, including the Division of Motor Vehicles, bearing record of the same to expunge their records of the conviction or a civil revocation of a drivers license as the result of a criminal charge. This subsection does not apply to civil or criminal charges based upon the civil revocation, or to civil revocations under G.S. 20‑16.2. The clerk shall forward a certified copy of the order to the sheriff, chief of police, or other arresting agency. The clerk shall forward a certified copy of the order to the Division of Motor Vehicles for the expunction of a civil revocation provided the underlying criminal charge is also expunged. The civil revocation of a drivers license shall not be expunged prior to a final disposition of any pending civil or criminal charge based upon the civil revocation. The sheriff, chief or head of such other arresting agency shall then transmit the copy of the order with a form supplied by the State Bureau of Investigation to the State Bureau of Investigation, and the State Bureau of Investigation shall forward the order to the Federal Bureau of Investigation.
(c1)	Any other applicable State or local government agency shall expunge from its records entries made as a result of the charge or conviction ordered expunged under this section. The agency also shall reverse any administrative actions taken against a person whose record is expunged under this section as a result of the charges or convictions expunged. Notwithstanding any other provision of law, the normal fee for any reinstatement of a license or privilege resulting under this section shall be waived.
(d)	The clerk of superior court in each county shall, as soon as practicable after each term of court in the clerk's county, file with the Administrative Office of the Courts, the names of those persons granted a discharge under the provisions of this section, and the Administrative Office of the Courts shall maintain a confidential file containing the names of persons granted conditional discharges. The information contained in such file shall be disclosed only to judges of the General Court of Justice for the purpose of ascertaining whether any person charged with an offense has been previously granted a discharge.
(e)	A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred twenty‑five dollars ($125.00) at the time the petition is filed. Fees collected under this subsection shall be deposited in the General Fund. This subsection does not apply to petitions filed by an indigent."
SECTION 8.  G.S. 15A‑146 is amended by adding a new subsection to read:
"(b3)	Any other applicable State or local government agency shall expunge from its records entries made as a result of the charge or conviction ordered expunged under this section. The agency also shall reverse any administrative actions taken against a person whose record is expunged under this section as a result of the charges or convictions expunged. Notwithstanding any other provision of law, the normal fee for any reinstatement of a license or privilege resulting under this section shall be waived."
SECTION 9.  G.S. 90‑96(b) reads as rewritten:
"(b)	Upon the dismissal of such person, and discharge of the proceedings against him under subsection (a) of this section, such person, if he were not over 21 years of age at the time of the offense, may apply to the court for an order to expunge from all official records (other than the confidential file to be retained by the Administrative Office of the Courts under subsection (c)) all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. The applicant shall attach to the application the following:
(1)	An affidavit by the applicant that he has been of good behavior during the period of probation since the decision to defer further proceedings on the offense in question and has not been convicted of any felony, or misdemeanor, other than a traffic violation, under the laws of the United States or the laws of this State or any other state;
(2)	Verified affidavits by two persons who are not related to the applicant or to each other by blood or marriage, that they know the character and reputation of the petitioner in the community in which he lives, and that his character and reputation are good; and
	.(3)	An application on a form approved by the Administrative Office of the Courts requesting and authorizing a State and national criminal history record check by the Department of Justice using any information required by the Administrative Office of the Courts to identify the individual and a search of the confidential record of expungements maintained by the Administrative Office of the Courts. The application shall be forwarded to the Department of Justice and to the Administrative Office of the Courts, which shall conduct the searches and report their findings to the court.
The judge to whom the petition is presented is authorized to call upon a probation officer for any additional investigation or verification of the petitioner's conduct during the probationary period deemed desirable.
If the court determines, after hearing, that such person was dismissed and the proceedings against him discharged and that he was not over 21 years of age at the time of the offense, it shall enter such order. The effect of such order shall be to restore such person in the contemplation of the law to the status he occupied before such arrest or indictment or information. No person as to whom such order was entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or information, or trial in response to any inquiry made of him for any purpose.
The court shall also order that said conviction and the records relating thereto be expunged from the records of the court, and direct all law‑enforcement agencies bearing records of the same to expunge their records of the conviction. The clerk shall forward a certified copy of the order to the sheriff, chief of police or other arresting agency, as appropriate, and the sheriff, chief of police or other arresting agency, as appropriate, shall forward such order to the State Bureau of Investigation with a form supplied by the State Bureau of Investigation. The State Bureau of Investigation shall forward the court order in like manner to the Federal Bureau of Investigation."
SECTION 10.  G.S. 90‑113.14(b) reads as rewritten: 
"(b)	Upon the dismissal of such person, and discharge of the proceedings against him under subsection (a) of this section, such person, if he were not over 21 years of age at the time of the offense, may apply to the court for an order to expunge from all official records (other than the confidential file to be retained by the Administrative Office of the Courts under subsection (c)) all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. The applicant shall attach to the application the following:
(1)	An affidavit by the applicant that he has been of good behavior during the period of probation since the decision to defer further proceedings on the misdemeanor in question and has not been convicted of any felony, or misdemeanor, other than a traffic violation, under the laws of the United States or the laws of this State or any other state;
(2)	Verified affidavits by two persons who are not related to the applicant or to each other by blood or marriage, that they know the character and reputation of the petitioner in the community in which he lives, and that his character and reputation are good; and
	
(3)	An application on a form approved by the Administrative Office of the Courts requesting and authorizing a State and national criminal history record check by the Department of Justice using any information required by the Administrative Office of the Courts to identify the individual and a search of the confidential record of expungements maintained by the Administrative Office of the Courts. The application shall be forwarded to the Department of Justice and to the Administrative Office of the Courts, which shall conduct the searches and report their findings to the court.
The judge to whom the petition is presented is authorized to call upon a probation officer for any additional investigation or verification of the petitioner's conduct during the probationary period deemed desirable.
If the court determines, after hearing, that such person was dismissed and the proceedings against him discharged and that he was not over 21 years of age at the time of the offense, it shall enter such order. The effect of such order shall be to restore such person in the contemplation of the law to the status he occupied before such arrest or indictment or information. No person as to whom such order was entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or information, or trial in response to any inquiry made of him for any purpose.
The court shall also order that said conviction and the records relating thereto be expunged from the records of the court, and direct all law‑enforcement agencies bearing records of the same to expunge their records of the conviction. The clerk shall forward a certified copy of the order to the sheriff, chief of police or other arresting agency, as appropriate, and the sheriff, chief of police or other arresting agency, as appropriate, shall forward such order to the State Bureau of Investigation with a form supplied by the State Bureau of Investigation. The State Bureau of Investigation shall forward the court order in like manner to the Federal Bureau of Investigation."
SECTION 11.  G.S. 17C‑13 reads as rewritten:
"§ 17C‑13.  Pardons and expunctions.
(a)	When a person presents competent evidence that he has been granted an unconditional pardon for a crime in this State, any other state, or the United States, the Commission may not deny, suspend, or revoke that person's certification based solely on the commission of that crime or for an alleged lack of good moral character due to the commission of that crime.
(b)	Notwithstanding G.S. 15A‑150, the Commission may gain access to a person's felony conviction records, including those maintained by the Administrative Office of the Courts in its confidential files containing the names of persons granted expunctions. Confidential records to which the Commission gains access under this subsection shall remain confidential and shall not be a public record under Chapter 132 of the General Statutes. The Commission may deny, suspend, or revoke a person's certification based solely on that person's felony conviction, whether or not the felony conviction was expunged."
SECTION 12.  G.S. 17E‑12 reads as rewritten:
"§ 17E‑12.  Pardons and expunctions.
(a)	When a person presents competent evidence that the person has been granted an unconditional pardon of innocence for a crime in this State, any other state, or the United States, the Commission may not deny, suspend, or revoke that person's certification based solely on the commission of that crime or for alleged lack of good moral character due to the commission of that crime.
(b)	Notwithstanding G.S. 15A‑150, the Commission may gain access to a person's felony conviction records, including those maintained by the Administrative Office of the Courts in its confidential files containing the names of persons granted expunctions. Confidential records to which the Commission gains access under this subsection shall remain confidential and shall not be a public record under Chapter 132 of the General Statutes. The Commission may deny, suspend, or revoke a person's certification based solely on that person's felony conviction, whether or not the felony conviction was expunged."
SECTION 13.  The headings to the parts and sections of this act are a convenience to the reader and are for reference only.
SECTION 14.  This act becomes effective December 1, 2009.  Sections 1 through 5 of the act apply to offenses committed on or after that date. Sections 6 through 12 of the act apply to applications for expunction of records made on or after that date.