Locke T. Clifford Criminal Law Blog on Lawyers.com

The latest session of the North Carolina General Assembly saw little change in laws regarding Greensboro expunction laws. There were some promising bills offered, but they did not pass.

One such bill would have allowed misdemeanors that had been PJCed (Prayer For Judgment Continued) to be expunged. Currently, an MAR (Motion for Appropriate Relief) is necessary to get a judgment (a dismissal) that can then be expunged.

There were bills introduced that would have allowed expunction of certain non-violent felonies after a period of time.

The felonies included:

• N.C.G.S. § 14-54 Breaking or Entering Buildings Generally
• N.C.G.S. § 14-56 Breaking or entering into or breaking out of railroad cars, motor vehicles, trailers, aircraft, boats, or other watercraft
• N.C.G.S. § 14-71.1 Possessing Stolen Goods
• N.C.G.S. § 14-100 Obtaining Property By False Pretense Where the thing of value is less than $50,000.00.
• N.C.G.S. § 90-95(d)(4) Class I Felony- Possess more than 1 ½ oz marijuana or 3/20 of an ounce of hashish or any quantity of synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from the resin of marijuana.

These bills did not pass, but they do represent a movement in the direction of increasing the possibility that these charges may be able to be expunged in the future. These bills included a fee of $200.00, a 10 year waiting period, affidavits of good character, no convictions other than traffic matters, no restitution outstanding.

There were provisions within these bills that would have allowed the confidential expunction file maintained by the Administrative Office of the Courts to be disclosed to the following for limited purposes:

1. Judges of the General Court of Justice of North Carolina for the purpose of ascertaining whether any person charged with an offense has been previously granted a discharge.
2. Federal, state and local law enforcement agencies for employment purposes only
3. North Carolina Criminal Justice Education and Training Standards Commission for certification purposes only.
4. North Carolina Sheriffs” Education and Training Standards Commission for certification purposes only.
5. FDIC institutions for employment purposes only.
6. North Carolina State Bar and the Board of Legal Examiners for licensing purposes only.
7. North Carolina State Board of Certified Public Accountant Examiners for licensing purposes only.
8. Local Boards of Education for employment purposes only.
9. Department of Health and Human Services for licensing purposes, employment purposes, and placement purposes if a criminalhistory check is mandated for the license or placement.
10. North Carolina Medical Board for licensing purposes only.
11. North Carolina Real Estate Commission for licensing purposes only.
12. North Carolina Appraisal Board for licensing purposes only.

As you can see, there were some possible steps forward and perhaps, some possible steps backwards.

This information is provided to you courtesy of the Greensboro Expunction Attorneys:
The Clifford Division
Clifford Clendenin & O'Hale, LLP
415 West Friendly Avenue
Greensboro, North Carolina 27401
Toll Free: 877-645-2354