RALEIGH, N.C. (AP) - The North Carolina General Assembly on Tuesday finalized bipartisan legislation that will allow more people to get their criminal records cleared of lower-level criminal convictions and dismissed charges.
The Senate gave unanimous approval to the “Second Chance Act,” which had the backing of groups across the political spectrum. The measure, which cleared the House last week, builds upon recent expunction laws that allow people who committed crimes due to youthful indiscretions to eliminate obstacles in background checks for employment, housing and other needs.
“There’s a lot of lives that this bill will change,” Sen. Danny Britt, a Robeson County Republican and bill sponsor, said on the Senate floor.
Under the bill now heading to Gov. Roy Cooper’s desk, convictions of nonviolent, low-grade felonies and misdemeanors committed while a person was 16 and 17 years old before last December can now be removed. Such counts are now considered juvenile court offenses under the state’s “Raise the Age” reform, and thus not on a person’s public record.
The Second Chance Act also automatically removes misdemeanor and felony charges that are dismissed or disposed as “not guilty” starting next month. And a person or prosecutors can now seek to have multiple nonviolent misdemeanors removed more quickly.
Prosecutors can still access a person’s “erased” records for sentencing recommendations should the person commit more crimes.
Sen. Jeff Jackson, a Mecklenburg County Democrat, praised the measure, saying it will be the most important jobs bill that senators will consider this year. The left-leaning North Carolina Justice Center and the conservative Americans for Prosperity pushed for the measure.
The measure “represents a refreshing moment where state leaders across the political landscape have come together to acknowledge that individuals should not be punished for the rest of their lives for crimes they have already served their time for,” Conservatives for Criminal Justice Reform said in a news release.
The General Assembly also moved one step away from sending to Cooper another bill that will give judges more discretion in sentencing and penalties against drug-trafficking offenders. Under the First Step Act - given unanimous support in the Senate - a judge could sentence someone below the mandatory minimum if the person meets specific standards.
For example, the defendant can’t be a repeat offender or have used violence in commission of the crime, and must admit to a drug addiction problem. Backers of the bill have said it will help people with substance abuse issues avoid needlessly long sentences when treatment is what they need.
The House could vote on the final product as early as Wednesday. Britt used the First Step Act’s advance to criticize Cooper, accusing him of backing legislation while a state senator in the 1990s to increase drug-related sentences. Cooper also served as attorney general from 2001 through 2016.
“I hope now-Gov. Cooper signs into law the Republican-led legislation to overturn the disastrous policies he implemented,” Britt said in a news release.
Cooper spokesperson Dory MacMillan said the governor “is committed to protecting public safety and removing inequities in our justice system. The governor strongly supports sentencing reform and encourages it to move ahead in a bipartisan way.”
Please read our comment policy before commenting.