State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-149

§ 15A‑149.  Expunctionof records when pardon of innocence is granted.

(a)        If any person isconvicted of a crime and receives a pardon of innocence, the person may applyby petition or written motion to the court in which the person was convicted ona form approved by the Administrative Office of the Courts supplied by theclerk of court for an order to expunge from all official records any entriesrelating to the person's apprehension, charge, or trial. Upon receipt of thepetition or written motion, the clerk of court shall verify that an attestedcopy of the warrant and return granting a pardon of innocence has been filedwith the court in accordance with G.S. 147‑25. Upon verification by theclerk that the warrant and return have been filed, the court shall issue anorder of expunction.

(b)        (Effective untilOctober 1, 2010) The order of expunction shall include an instruction thatany entries relating to the person's apprehension, charge, or trial 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.

(b)        (EffectiveOctober 1, 2010) The order of expunction shall include an instruction thatany entries relating to the person's apprehension, charge, or trial 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.

(c)        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.  (2005‑319, s. 1; 2009‑510, s. 7.)