Bill Summary for S 233 (2015-2016)

Summary date: 

Mar 10 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 233 (Public) Filed Tuesday, March 10, 2015
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.

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Bill 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.

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