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(link is external) | 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(link is external)
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Wed, 11 Mar 2015 Senate: Passed 1st Reading(link is external)
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Mon, 23 Mar 2015 Senate: Withdrawn From Com(link is external)
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Mon, 23 Mar 2015 Senate: Re-ref Com On Judiciary I(link is external)
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Thu, 2 Apr 2015 Senate: Reptd Fav(link is external)
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Thu, 2 Apr 2015 Senate: Placed On Cal For 04/14/2015(link is external)
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Tue, 14 Apr 2015 Senate: Passed 2nd Reading(link is external)
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Tue, 14 Apr 2015 Senate: Passed 3rd Reading(link is external)
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Wed, 15 Apr 2015 Senate: Regular Message Sent To House(link is external)
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Wed, 15 Apr 2015 House: Regular Message Received From Senate(link is external)
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Wed, 15 Apr 2015 House: Regular Message Received From Senate(link is external)
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Thu, 16 Apr 2015 House: Passed 1st Reading(link is external)
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Thu, 16 Apr 2015 House: Ref To Com On Judiciary II(link is external)
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Tue, 28 Jul 2015 House: Reptd Fav(link is external)
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Tue, 28 Jul 2015 House: Cal Pursuant Rule 36(b)(link is external)
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Tue, 28 Jul 2015 House: Placed On Cal For 07/29/2015(link is external)
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Wed, 29 Jul 2015 House: Passed 2nd Reading(link is external)
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Wed, 29 Jul 2015 House: Passed 3rd Reading(link is external)
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Wed, 29 Jul 2015 House: Ordered Enrolled(link is external)
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Thu, 30 Jul 2015 Ratified(link is external)
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Fri, 31 Jul 2015 Pres. To Gov. 07/31/2015(link is external)
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Thu, 6 Aug 2015 Signed by Gov. 8/6/2015(link is external)
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Thu, 6 Aug 2015 Ch. SL 2015-202(link is external)
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.