State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-148

§ 15A‑148.  Expunctionof DNA records when charges are dismissed on appeal or pardon of innocence isgranted.

(a)        Upon a motion bythe defendant following the issuance of a final order by an appellate courtreversing and dismissing a conviction of an offense for which a DNA analysiswas done in accordance with Article 13 of Chapter 15A of the General Statutes,or upon receipt of a pardon of innocence with respect to any such offense, thecourt shall issue an order of expungement of the DNA record and samples inaccordance with subsection (b) of this section. The order of expungement shallinclude the name and address of the defendant and the defendant's attorney andshall direct the SBI to send a letter documenting expungement as required bysubsection (b) of this section.

(b)        When an order ofexpungement has been issued pursuant to subsection (a) of this section, theorder of expungement, together with a certified copy of the final appellatecourt order reversing and dismissing the conviction or a certified copy of theinstrument granting the pardon of innocence, shall be provided to the SBI bythe clerk of court. Upon receiving an order of expungement for an individualwhose DNA record or profile has been included in the State DNA Database andwhose DNA sample is stored in the State DNA Databank, the DNA profile shall beexpunged and the DNA sample destroyed by the SBI, except that the order shallnot apply to other offenses committed by the individual that qualify forinclusion in the State DNA Database and the State DNA Databank. A letterdocumenting expungement of the DNA record and destruction of the DNA sampleshall be sent by the SBI to the defendant and the defendant's attorney at theaddress specified by the court in the order of expungement. The SBI shall adoptprocedures to comply with this subsection. (2001‑282, s. 2.)