North Carolina lawmakers enacted two major criminal justice reform bills at the end of June, the First Step Act and the Second Chance Act.
Rare bipartisan advocacy resulted in significant progress for criminal justice reform in North Carolina once Governor Cooper signed two legislative bills into law at end of June. House Bill 511, the First Step Act, provides judges wiggle room in levying sentences for qualifying criminal defendants charged with drug trafficking. Meanwhile, Senate Bill 562, the Second Chance Act, enhances the ability for individuals to expunge their criminal records.
Prior to the First Step Act, judges were required to administer sentences consistent with mandatory minimum punishments for defendants convicted with drug trafficking. Under the mandatory minimums, a person could face between 25 to 225 months in prison for each count and a fine of $5,000 to $250,000. Their design was to impose severe consequences for major drug dealers in the state. However, it led to harsh results for some individuals without the connection to a major drug operation, and many judges dealt fines to defendants who had no means to satisfy them. The new law now allows a judge to bypass mandatory minimums under certain conditions and also allows a person serving a sentence solely imposed for a violation of drug trafficking to file a motion for appropriate relief for a sentence modification.
The Second Chance Act allows people with nonviolent criminal records to expunge misdemeanors and low-level felonies if they fully complied with the terms of their sentence and they committed the crime in question when between the ages of 16 and 18. In addition, the bill automatically expunges charges when the state dismisses them, when found not guilty, or when found not responsible beginning after December 1, 2021.
Both the First Step Act and the Second Chance Act are steps in the right direction for criminal justice reform in North Carolina. They pay homage to the idea that no person should be defined by their worst moment.