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HB 86

Parole; criteria for parole consideration revised

2026 Regular Session Introduced by Chris England

Prohibits expunction for non-citizens or non-legal U.S. residents; courts must verify status (via documents, petitioner, or ICE) before issuing an expunction order.

Enacted
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Bill Summary · HB 86

Summary — HB 86: "Citizens' Expungement Clarification of 2025"

Status: Introduced Feb 10, 2025; Read first Aug 18, 2025. Effective date (if enacted): October 1, 2025. Applies to expunction petitions filed on or after that date.

Purpose

To amend Article 5 of Chapter 15A of the North Carolina General Statutes by prohibiting non‑citizens and non‑legal residents of the United States (including its territories) from obtaining criminal record expunctions, and to require courts to verify a petitioner’s immigration/residency status before entering an expunction order.

Key provisions

  • Adds a new § 15A‑154, titled “Prohibition on expunction for illegal aliens.”
    • (a) Prohibition: A person who is not a legal resident or citizen of the United States or its territories is ineligible for an expunction under Article 5 (North Carolina’s expunction statutes).
    • (b) Verification requirement: Before the court may enter an order of expunction (but no earlier than 30 days prior to that date), the court must attempt to determine whether the petitioner is a U.S. citizen or legal resident. The court must do this by:
    • asking the petitioner,
    • examining relevant documents, and
    • if the court cannot determine status from the above, querying U.S. Immigration and Customs Enforcement (ICE) of the Department of Homeland Security.
    • (c) Exception: The prohibition does not apply to an individual who lawfully entered the U.S. and has filed (or for whom an immigrant petition has been filed) with the United States Immigration and Naturalization Service (per bill language).
  • Formal placement: The new section is inserted into Article 5 of Chapter 15A (the statutory expunction framework).

Who is affected

  • Directly affected: non‑citizens and non‑legal residents who would otherwise seek expunction of qualifying criminal charges or convictions under North Carolina law.
  • Exempted: persons who lawfully entered the U.S. and have an immigrant petition filed (or for whom one has been filed).
  • Indirectly affected: state and superior courts handling expunction petitions, petitioners and defense attorneys, and federal immigration authorities (ICE) queried under the verification process.

Procedural/timeline details

  • Verification occurs at the court level no earlier than 30 days before the court may enter an expunction order.
  • If the court cannot determine status from the petitioner or documents, it must contact ICE.
  • Effective date: October 1, 2025; applies to petitions filed on or after that date.

Potential impacts to note

  • Restricts expungement access to citizens and legal residents, with a statutory exception for certain immigrant‑petition situations.
  • Adds administrative duties and a verification step for courts; may lead to delays while ICE queries are resolved.
  • Raises cross‑system interaction between state expunction procedures and federal immigration enforcement (courts querying ICE). (This is a factual observation of mechanism; legal challenges or broader constitutional implications are not addressed here.)

Compiled from official sources — confirm details with the bill’s official record.

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