AN ACT TO PROVIDE FOR THE AUTOMATIC EXPUNCTION OF CERTAIN RECORDS OF A PERSON WHEN THE CHARGE OR CHARGES AGAINST THE PERSON ARE DISMISSED AS A RESULT OF IDENTITY THEFT OR MISTAKEN IDENTITY. Enacted August 6, 2015. Effective December 1, 2015.
AUTOMATIC EXPUNCTION/MISTAKEN IDENTITY.
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View NCGA Bill Details | 2015-2016 Session |
AN ACT TO PROVIDE FOR THE AUTOMATIC EXPUNCTION OF CERTAIN RECORDS OF A PERSON WHEN THE CHARGE OR CHARGES AGAINST THE PERSON ARE DISMISSED AS A RESULT OF IDENTITY THEFT OR MISTAKEN IDENTITY.Intro. by McKissick, Bingham, Daniel.
Bill History:
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Tue, 10 Mar 2015 Senate: Filed
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Wed, 11 Mar 2015 Senate: Passed 1st Reading
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Wed, 11 Mar 2015 Senate: Ref To Com On Rules and Operations of the Senate
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Mon, 23 Mar 2015 Senate: Withdrawn From Com
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Mon, 23 Mar 2015 Senate: Re-ref Com On Judiciary I
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Thu, 2 Apr 2015 Senate: Reptd Fav
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Thu, 2 Apr 2015 Senate: Placed On Cal For 04/14/2015
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Tue, 14 Apr 2015 Senate: Passed 2nd Reading
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Tue, 14 Apr 2015 Senate: Passed 3rd Reading
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Wed, 15 Apr 2015 Senate: Regular Message Sent To House
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Wed, 15 Apr 2015 House: Regular Message Received From Senate
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Wed, 15 Apr 2015 House: Regular Message Received From Senate
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Thu, 16 Apr 2015 House: Passed 1st Reading
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Thu, 16 Apr 2015 House: Ref To Com On Judiciary II
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Tue, 28 Jul 2015 House: Reptd Fav
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Tue, 28 Jul 2015 House: Cal Pursuant Rule 36(b)
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Tue, 28 Jul 2015 House: Placed On Cal For 07/29/2015
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Wed, 29 Jul 2015 House: Passed 2nd Reading
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Wed, 29 Jul 2015 House: Passed 3rd Reading
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Wed, 29 Jul 2015 House: Ordered Enrolled
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Thu, 30 Jul 2015 Ratified
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Fri, 31 Jul 2015 Pres. To Gov. 07/31/2015
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Thu, 6 Aug 2015 Signed by Gov. 8/6/2015
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Thu, 6 Aug 2015 Ch. SL 2015-202
Bill Summaries:
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Bill S 233 (2015-2016)Summary date: Aug 10 2015 - View Summary
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Bill S 233 (2015-2016)Summary date: Mar 10 2015 - View Summary
Amends the catchline of GS 15A-147 to "Expunction of records when charges are dismissed or there are findings of not guilty as a result of identity theft or mistaken identity". Provides that persons named in a charge for an infraction or a crime, as a result of another person using the named person's identifying information or mistaken identity and a finding of not guilty is entered or the conviction is set aside, can apply by petition or written motion to the court where the charge was last pending for an order of expunction. Deletes current language that provided for expunctions in cases where the charge against the named person was dismissed and instead requires when charges are dismissed that the person ordering the dismissal notify the court and requires the court to order the expunction. Makes conforming changes. Defines "mistaken identity", for the purposes of this statute, to mean the erroneous arrest of a person for a crime as a result of misidentification, confusion as to the identity of the person, or misinformation provided to law enforcement regarding identity.
Effective December 1, 2015, applying to charges filed on or after that date.