State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-321

§ 7B‑321.  Requests forexpunction; director review.

(a)        An individual whohas been identified as a responsible individual as the result of aninvestigative assessment response may, within 30 days after receipt of thenotice under G.S. 7B‑320(c), request that the director who determined theabuse or serious neglect and identified the individual as a responsibleindividual expunge the individual's name from the responsible individuals list.A request for expunction under this subsection shall be in writing, addressedto the director who determined the abuse or serious neglect and identified theindividual as a responsible individual, and delivered in person or by certifiedmail, return receipt requested, within 30 days after receipt of notice.

(b)        Upon receipt of atimely request for expunction under subsection (a) of this section, thedirector shall review all records, reports, and other information gatheredduring the investigative assessment response. The purpose of the review is todetermine whether there is substantial evidence to support the determinationand the placement of the individual's name on the responsible individuals list.Within 15 working days of receipt of the request for expunction, the directorshall proceed as follows:

(1)        If the directordecides that there is not substantial evidence in the records, reports, andother information gathered during the investigative assessment response tosupport a determination of abuse or serious neglect and to support theidentification of the individual as a responsible individual, the directorshall notify the Department of Health and Human Services to expunge theindividual's name from the responsible individuals list. The director shallalso prepare a written statement of the director's decision and send thestatement to the individual seeking expunction, by personal delivery or first‑classmail.

(2)        If the directordecides that there is substantial evidence in the records, reports, and otherinformation gathered during the investigative assessment response to support adetermination of abuse or serious neglect and to support the identification ofthe individual as a responsible individual, the director may uphold or modifythe director's prior decision accordingly and refuse the request for an expunction.The director shall prepare a written statement of the director's decisionincluding the reasons for the decision. The statement shall clearly indicatethat it is a final decision and include information regarding the amount oftime the individual has to request a review by the district attorney or to filea petition for expunction with the district court. The director shall send thestatement to the individual seeking expunction by personal delivery or first‑classmail. The director shall also include a second notice containing theinformation required by G.S. 7B‑320(c) and a copy of a petition forexpunction form.

(c)        If the directordoes not provide a written response to a request for expunction within 15working days after its receipt, the failure shall be considered a refusal toexpunge the individual's name, and the individual may request a review of thedecision by the district attorney or file a petition for expunction with thedistrict court.

(d)        If the directormodifies the prior determination, the director shall notify the Department ofHealth and Human Services, which shall change its records upon receipt of thenotification.

(e)        An individual whoserequest for expunction has been refused by a director under this section may,within 30 days after receipt of the notice of refusal, request a review of thedirector's decision by the district attorney under G.S. 7B‑322 or file apetition requesting expunction with the district court under G.S. 7B‑323.(2005‑399,s. 3.)