State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-147

§ 15A‑147.  Expunctionof records when charges are dismissed or there are findings of not guilty as aresult of identity theft.

(a)        If any person isnamed in a charge for an infraction or a crime, either a misdemeanor or afelony, as a result of another person using the identifying information of thenamed person and the charge against the named person is dismissed, a finding ofnot guilty is entered, or the conviction is set aside, the named person mayapply by petition or written motion to the court where the charge was lastpending on a form approved by the Administrative Office of the Courts suppliedby the clerk of court for an order to expunge from all official records anyentries relating to the person's apprehension, charge, or trial. The court, afternotice to the district attorney, shall hold a hearing on the motion or petitionand, upon finding that the person's identity was used without permission andthe charges were dismissed or the person was found not guilty, the court shallorder the expunction.

(b)        No person as towhom such an order has been entered under this section shall be held thereafterunder any provision of any law to be guilty of perjury, or to be guilty ofotherwise giving a false statement or response to any inquiry made for any purpose,by reason of the person's failure to recite or acknowledge any expunged entriesconcerning apprehension, charge, or trial.

(c)        (Effective untilOctober 1, 2010) The court shall also order that the said entries shall beexpunged from the records of the court and direct all law enforcement agencies,the Division of Motor Vehicles, or any other State or local government agenciesbearing record of the same to expunge their records of the entries. The clerkshall forward a certified copy of the order to the sheriff, chief of police, orother charging agency; and, when applicable, to the Division of Motor Vehiclesand any other State or local agency. The sheriff, chief, or head of such othercharging agency shall then transmit the copy of the order with the formsupplied by the State Bureau of Investigation to the State Bureau ofInvestigation, and the State Bureau of Investigation shall forward the order tothe Federal Bureau of Investigation. Upon receipt of a certified copy of theorder, the agency must purge its records as required by this section. The costsof expunging these records shall not be taxed against the petitioner.

(c)        (EffectiveOctober 1, 2010) The court shall also order that the said entries shall beexpunged from the records of the court and direct all law enforcement agencies,the Department of Correction, the Division of Motor Vehicles, or any otherState or local government agencies identified by the petitioner as bearingrecord of the same to expunge their records of the entries. The clerk shallnotify State and local agencies of the court's order as provided in G.S. 15A‑150.The costs of expunging the records, as required under G.S. 15A‑150, shallnot be taxed against the petitioner.

(d)        The Division ofMotor Vehicles shall expunge from its records entries made as a result of thecharge or conviction ordered expunged under this section. The Division of MotorVehicles shall also reverse any administrative actions taken against a personwhose record is expunged under this section as a result of the charges orconvictions expunged, including the assessment of drivers license points anddrivers license suspension or revocation. Notwithstanding any other provisionof this Chapter, the Division of Motor Vehicles shall provide to the person whosemotor vehicle record is expunged under this section a certified correcteddriver history at no cost and shall reinstate at no cost any drivers licensesuspended or revoked as a result of a charge or conviction expunged under thissection.

(e)        (Effective untilOctober 1, 2010) Any other applicable State or local government agencyshall expunge from its records entries made as a result of the charge orconviction ordered expunged under this section. The agency shall also reverseany administrative actions taken against a person whose record is expungedunder this section as a result of the charges or convictions expunged.Notwithstanding any other provision of law, the normal fee for anyreinstatement of a license or privilege resulting under this section shall bewaived.

(e)        (EffectiveOctober 1, 2010) The Department of Correction and any other applicableState or local government agency shall expunge its records as provided in G.S.15A‑150. The agency shall also reverse any administrative actions takenagainst a person whose record is expunged under this section as a result of thecharges or convictions expunged. Notwithstanding any other provision of law,the normal fee for any reinstatement of a license or privilege resulting underthis section shall be waived.

(f)         Any insurancecompany that charged any additional premium based on insurance points assessedagainst a policyholder as a result of a charge or conviction that was expungedunder this section shall refund those additional premiums to the policyholderupon notification of the expungement.  (2001‑108, s. 1; 2005‑414, s. 8; 2009‑510,s. 6.)