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NC H86

NC H86
Citizens' Expungement Clarification of 2025


summary

Introduced
02/10/2025
In Committee
02/11/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Session

Bill Summary

AN ACT TO PROHIBIT A PERSON WHO IS NOT A LEGAL RESIDENT OR CITIZEN OF THE UNITED STATES OR ITS TERRITORIES FROM OBTAINING AN EXPUNCTION OF CRIMINAL CONVICTIONS OR CHARGES FROM THE PERSON'S RECORD.

AI Summary

This bill introduces a new provision to North Carolina's criminal record expungement laws that specifically prohibits individuals who are not legal residents or citizens of the United States from obtaining an expunction (legal erasure) of their criminal records. The bill requires courts to verify a petitioner's legal status before granting an expunction, either through direct inquiry with the individual, examination of relevant documents, or by consulting U.S. Immigration and Customs Enforcement. Importantly, the prohibition does not apply to individuals who have lawfully entered the United States and have either filed an immigrant petition or have an immigrant petition filed on their behalf. The new law will become effective on October 1, 2025, and will apply to all expungement petitions filed on or after that date, meaning that immigration status will be a new mandatory consideration in the expungement process for criminal records in North Carolina.

Committee Categories

Justice

Sponsors (12)

Last Action

Judiciary 2 Hearing (13:00:00 3/11/2025 421 LOB) (on 03/11/2025)

bill text


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