Implementing S565 allows bi-partisan legislation passed in 2020 to provide relief to citizens trying to enter the workforce.
- NC’s 2020 Second Chance Act law allowed for the automatic expunction of charges disposed of as not guilty or dismissed.
- This provision was paused because of technical and administrative issues.
- S.B. 565 is the product of a 16-member task force that included law enforcement and prosecutors, charged with responding to the operational issues identified related to the automatic expunction of these charges
- The new eCourts case records system means courts can keep cleared records confidential AND allows access to district attorneys, which is not provided under current law.
Raleigh, N.C. – More than 1 million criminal charges brought against North Carolinians that were dismissed or disposed with not guilty determinations are legally eligible to be removed from public access. However, these charges remain on criminal records because the law that would have cleared them is paused until July 1, 2024.
A key portion of the Second Chance Act—passed with bipartisan support in 2020—provides for the automatic clearing of certain charges that are dismissed or resulted in a finding of not guilty, dramatically increased record clearance relief for North Carolinians. Because of technical and administrative reasons, the automatic expunction of those charges was paused on August 1, 2022.
The pause on record clearance was extended through July 1, 2024 and has resulted in a backlog of more than a million legally eligible expunctions. Before the pause was put in place, the court system was processing about 3,000 expunctions per day.
“Over 1 million charges are legally eligible for expunction but remain caught in a rolling, uncodified pause. These charges are preventing people from getting jobs and creating an unjust burden on those wishing to contribute to our workforce,” Tarrah Callahan, Executive Director of CCJR, said. “S565 clears the administrative and operational issues that led to the extension of the pause and importantly, allows for access of these records to District Attorneys, something that is not provided in current law.”
Ed Treat, Staff Attorney for Pisgah Legal Services recounts a client whose only record was a dismissed charge. His client had multiple job offers in the healthcare field rescinded following background checks.
“We were able to expunge this charge quickly because the client signed up for our services right as we were launching an expunction clinic that allows us to greatly expand our capacity and expedite the process, Ed recounts. “Because of our very limited capacity, a client will typically wait months before we can even start working on their case, let alone the additional months of waiting on the court to process the expunction.”
The NC Chamber and CCJR urge the General Assembly to pass Senate Bill 565 as soon as possible.
“We are committed to removing barriers to work and S565 creates opportunities for our justice-involved individuals to reengage in the workforce,” said Gary J. Salamido, President and CEO of the NC Chamber. “A job is critical to an individual’s health. Modernizing our criminal justice system and implementing this kind of thoughtful change is a win for North Carolina’s families and businesses.”
About S565
A task force that included representation from 16 groups, including prosecutors and law enforcement, was formed during the pause. It recommended restarting automatic record clearance for dismissed and not guilty charges while keeping case information and documents confidentially and electronically. The task force’s recommendation became Senate Bill 565, Remove Barriers to Jobs and Housing.
According to the state court system, the shift to electronic records with eCourts makes it possible to keep case records confidential while providing access for certain parties including prosecutors and the people who were charged. The Administrative Office of Courts made clear during the Automatic Expunction Working Group, that eCourts allowed access to these records by District Attorneys and Clerks, but required statutory direction to implement that feature.
Senate Bill 565 passed the state senate 46-0 in April 2023, and last week was referred from the House Committee on Rules and Operations to the House Judiciary 2 Committee.
According to court system reports, there are more than 1 million charges awaiting record clearance under the Second Chance Act. Passage of S565 would create operational changes to ensure that district attorneys are able to access these expunged records, while also limiting the obstacles to employment that these records create for over a million North Carolinians.
Conservatives for Criminal Justice Reform (CCJR)
Established in 2016, CCJR is a venue to promote effective and efficient policies that improve the criminal justice system and its reaching impacts on North Carolinians. CCJR will maximize the system’s efficacy by building stakeholder consensus around data-driven policies and practices that prioritize public safety, workforce reentry, and sound data.
We educate citizens and key decision-makers by advocating for a data-centered criminal justice system that improves public safety, holds offenders accountable, and enables the rehabilitated to reenter the workforce. We envision a smarter criminal justice system with efficient policies, implemented faithfully, that improve public safety and enable rehabilitated offenders to return to the workforce and provide for their families. Inaction will continue to feed high recidivism rates, drain tax dollars, and degrade public safety.