PHOTO | GRANT DERR

Under the Second Chance Act, thousands of misdemeanor convictions and charges that didn't result in conviction can be expunged via application to North Carolina courts.

There are now fewer barriers to citizenship for people with criminal records.

New provisions of the Second Chance Act went into effect on Dec. 1, which allows people to apply for expungement that removes legal and social hurdles to employment, housing and education. Nearly 1 in 4 North Carolinians have a criminal record, so by wiping the slate clean, thousands now have access to opportunities they were previously denied. 

Criminal justice reform advocates contend the law is especially significant for African Americans and other people of color who are disproportionately impacted by racial bias by law enforcement, prosecutors and courts.

“Those with criminal records can often face devastating collateral consequences. They may have difficulty securing employment or finding a place to live, making their reentry infinitely more difficult,” said Laura Holland, staff attorney for the North Carolina Justice Center’s Fair Chance Criminal Justice project. “The implementation of the Second Chance Act is an important step toward ending the exclusion of those with criminal records from their communities and could be life-changing for many North Carolinians.”

Thousands of criminal convictions are eligible for expunction under the law, including those for people with multiple misdemeanor convictions from seven or more years ago. People with a felony conviction can petition state courts to expunge charges that didn’t result in conviction, and prosecutors can do likewise on behalf of a defendant. On Dec. 1, 2021, dismissed and “not guilty” findings will be expunged through an automated process.

The expunction of misdemeanor convictions for juveniles age 16-17 prior to Dec. 1, 2019 is already in effect as part of the Raise the Age provision. 

The Southern Coalition for Social Justice is hosting the Clean Slate webinar Dec. 15 with Chantel Cherry-Lassiter, creator of the Umar Muhammad Clean Slate Toolkit for people looking to expunge their records. The webinar, which is from 6-7:30 p.m. at https://bit.ly/CleanSlateWebinar, includes information on the Second Chance Act and a question-and-answer session with Judge Amanda Maris of North Carolina’s 14th Judicial District, an advocate for expunction and certificates of relief programs. In 2018, Maris designed the Durham Expunction and Restoration, or DEAR, program.

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