Bill Summaries: S82 DISMISSAL OR NOT GUILTY/AUTOMATIC EXPUNCTION.

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  • Summary date: Feb 19 2019 - More information

    Amends GS 15A-146, which allows for persons to petition the court for expunction of records when charges are dismissed or there are findings of not guilty. Modifies the statute to instead require the prosecutor or other judicial officer who ordered dismissal of the charge(s) to provide notice of the dismissal to the court and mandates that the court order the expunction. Similarly modifies the statute to mandate the court that enters finding(s) of not guilty or not responsible for the charge(s) to order the expunction from all official records any entries relating to apprehension or trial of the crime(s). Makes conforming changes to require the court to order, rather than the person having to apply for, the expunction of DNA records when the person's case has been dismissed and the person's DNA record or profile and sample is stored in the State DNA Databank as a result of the case that was dismissed. Makes further conforming changes.

    Amends GS 15A-151.5, which makes specified confidential files maintained under GS 15A-151 electronically available to all prosecutors if the criminal record was expunged on or after July 1, 2018, to include all expunctions provided for in GS 15A-146, as amended (currently, only expunction of records when charges are dismissed are included).

    Directs the Administrative Office of the Courts (AOC) to revise or establish any necessary forms for implementation of the changes to GS 15A-146.

    Effective December 1, 2019.


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