§ 15A-145.1. Expunction of records for first offenders under the age of 18 at the time of conviction of certain gang offenses. - North Carolina Statutes

§ 15A‑145.1.  Expunctionof records for first offenders under the age of 18 at the time of conviction ofcertain gang offenses.

(a)        Whenever any personwho has not previously been convicted of any felony or misdemeanor other than atraffic violation under the laws of the United States or the laws of this Stateor any other state pleads guilty to or is guilty of (i) a Class H felony underArticle 13A of Chapter 14 of the General Statutes or (ii) an enhanced offenseunder G.S. 14‑50.22, or has been discharged and had the proceedingsagainst the person dismissed pursuant to G.S. 14‑50.29, and the offensewas committed before the person attained the age of 18 years, the person mayfile a petition in the court where the person was convicted for expunction ofthe offense from the person's criminal record. Except as provided in G.S. 14‑50.29upon discharge and dismissal, the petition cannot be filed earlier than (i) twoyears after the date of the conviction or (ii) the completion of any period ofprobation, whichever occurs later. The petition shall contain, but not belimited to, the following:

(1)        An affidavit by thepetitioner that the petitioner has been of good behavior (i) during the periodof probation since the decision to defer further proceedings on the offense inquestion pursuant to G.S. 14‑50.29 or (ii) during the two‑yearperiod since the date of conviction of the offense in question, whicheverapplies, and has not been convicted of any felony or misdemeanor other than atraffic violation under the laws of the United States or the laws of this Stateor any other state.

(2)        Verified affidavitsof two persons who are not related to the petitioner or to each other by bloodor marriage, that they know the character and reputation of the petitioner inthe community in which the petitioner lives, and that the petitioner'scharacter and reputation are good.

(3)        If the petition isfiled subsequent to conviction of the offense in question, a statement that thepetition is a motion in the cause in the case wherein the petitioner wasconvicted.

(4)        Affidavits of theclerk of superior court, chief of police, where appropriate, and sheriff of thecounty in which the petitioner was convicted and, if different, the county ofwhich the petitioner is a resident, showing that the petitioner has not beenconvicted of a felony or misdemeanor other than a traffic violation under thelaws of this State (i) during the period of probation since the decision todefer further proceedings on the offense in question pursuant to G.S. 14‑50.29or (ii) at any time prior to the conviction for the offense in question orduring the two‑year period following that conviction, whichever applies.

(5)        An affidavit by thepetitioner that no restitution orders or civil judgments representing amountsordered for restitution entered against the petitioner are outstanding.

The petition shall be servedupon the district attorney of the court wherein the case was tried resulting inconviction. The district attorney shall have 10 days thereafter in which tofile any objection thereto and shall be duly notified as to the date of thehearing of the petition.

The judge to whom the petitionis presented is authorized to call upon a probation officer for any additionalinvestigation or verification of the petitioner's conduct during theprobationary period or during the two‑year period after conviction.

(b)        If the court, afterhearing, finds that (i) the petitioner was dismissed and the proceedingsagainst the petitioner discharged pursuant to G.S. 14‑50.29 and that theperson had not yet attained 18 years of age at the time of the offense or (ii)the petitioner has remained of good behavior and been free of conviction of anyfelony or misdemeanor other than a traffic violation for two years from thedate of conviction of the offense in question, the petitioner has nooutstanding restitution orders or civil judgments representing amounts orderedfor restitution entered against him, and the petitioner had not attained theage of 18 years at the time of the offense in question, it shall order thatsuch person be restored, in the contemplation of the law, to the statusoccupied by the petitioner before such arrest or indictment or information. Noperson as to whom such order has been entered shall be held thereafter underany provision of any laws to be guilty of perjury or otherwise giving a falsestatement by reason of the person's failure to recite or acknowledge sucharrest, or indictment or information, or trial, or response to any inquiry madeof the person for any purpose. The court shall also order that the saidconviction be expunged from the records of the court and direct all lawenforcement agencies bearing record of the same to expunge their records of theconviction as the result of a criminal charge. The clerk shall forward acertified copy of the order to the sheriff, chief of police, or other arrestingagency. The sheriff, chief of police, or head of such other arresting agencyshall then transmit the copy of the order with a form supplied by the State Bureauof Investigation to the State Bureau of Investigation, and the State Bureau ofInvestigation shall forward the order to the Federal Bureau of Investigation.

(c)        This section issupplemental and in addition to existing law and shall not be construed so asto repeal any existing provision contained in the General Statutes of NorthCarolina.  (2009‑577,s. 1.)