The Second Chance Act brings significant changes to the expungement process, offering new opportunities for those seeking a fresh start. In June 2020, North Carolina’s expungement laws were modified by the adoption of the Second Chance Act. This new law facilitates the automatic expunction of most dismissed or not guilty charges or convictions from one’s youth. The District Attorney can now file these petitions, simplifying the process for many.
What is the Second Chance Act?
The Second Chance Act aims to provide individuals with a clean slate by making it easier to obtain an expungement. The law has expanded eligibility, allowing more people to benefit from expungement who might have been ineligible previously. Under this law, a judge is mandated to grant an expunction petition for all eligible convictions, ensuring a fair chance at a fresh start.
Impact of the Second Chance Act
Previously, criminal charges and convictions were public record, which could lead to long-lasting consequences. For instance, an estimated 1 in 4 individuals have criminal records that restrict access to educational and housing opportunities. These records could also result in the loss of hunting or fishing licenses and limit access to other necessary benefits. The Second Chance Act addresses these issues by facilitating the expungement process.
Understanding Expungement under the Second Chance Act
Expunged records are not accessible to the public, as all records of the charge or conviction are destroyed. This means that individuals can move forward without the burden of a criminal record affecting their daily lives. However, if a person commits another crime after an expungement, the state and judge can still consider the expunged charges or convictions for sentencing and other purposes.
How Expungement can Benefits You?
By simplifying the expungement process and expanding eligibility, the Second Chance Act offers valuable opportunities for those seeking a fresh start. Whether you are looking to clear dismissed or not guilty charges from your youth or seeking to move past a criminal record, understanding the provisions of the Second Chance Act can help you navigate the legal system more effectively.
For those affected by past criminal records, the Second Chance Act is a crucial step towards overcoming obstacles and gaining access to opportunities previously limited by their records. If you need guidance on how to proceed with an expungement petition under this new law, consider consulting one of our attorneys who can assist you through the process.
