North Carolina § 15A-145 - 8. Expunction of records when charges are remanded to district court for juvenile adjudication.

§ 15A-145. 8. Expunction of records when charges are remanded to district court for juvenile adjudication.

Upon remand pursuant to G.S. 7B-2200.5(d), the court shall order expunction of all remanded charges. No person as to whom such an order has been entered shall be held thereafter under any provision of any law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of his or her failure to recite or acknowledge any expunged entries concerning apprehension or trial. The court shall also order the expunction of DNA records when the person's charges have been remanded to district court for juvenile adjudication and the person's DNA record or profile has been included in the State DNA Database and the person's DNA sample is stored in the State DNA Databank as a result of the charges that were remanded. The order of expungement shall include the name and address of the defendant and the defendant's attorney and shall direct the North Carolina State Crime Laboratory to send a letter documenting expungement as required by subsection (c) of this section. Upon receiving an order of expungement entered pursuant to subsection (b) of this section, the North Carolina State Crime Laboratory shall purge the DNA record and all other identifying information from the State DNA Database and the DNA sample stored in the State DNA Databank covered by the order, except that the order shall not apply to other offenses committed by the individual that qualify for inclusion in the State DNA Database and the State DNA Databank. A letter documenting expungement of the DNA record and destruction of the DNA sample shall be sent by the North Carolina State Crime Laboratory to the defendant and the defendant's attorney at the address specified by the court in the order of expungement. Upon order of expungement, the clerk shall send a certified copy of the expungement order to the defendant, the defendant's attorney, the Administrative Office of the Courts, and the State and local agencies listed in G.S. 15A-150(b). An agency receiving a certified copy of an order under this subsection shall delete any public records made as a result of the charges that have been remanded to district court for juvenile adjudication, in accordance with G.S. 15A-150. Any records related to the juvenile adjudication shall not be deleted but shall be maintained as confidential records pursuant to Article 30 of Chapter 7B of the General Statutes. History (2019-186, s. 11; 2019-243, s. 21(a).) Editor's Note. - Session Laws 2019-186, s. 12, made this section effective December 1, 2019, and applicable to offenses committed on or after that date. Session Laws 2019-243, s. 21(b), made the amendment to subsections (b) and (d) of this section by Session Laws 2019-243, s. 21(a), effective December 1, 2019, and applicable to offenses committed on or after that date and expungements ordered on or after that date. Effect of Amendments. - Session Laws 2019-243, s. 21(a), in the first sentence of subsection (b), substituted "charges have been remanded to district court for juvenile adjudication" for "case has been dismissed by the trial court" and substituted "charges that were remanded" for "case that was dismissed"; and rewrote subsection (d), which read: "Upon order of expungement, the clerk shall notify State and local agencies of the court's order as provided in G.S. 15A-150 and forward the order to the Administrative Office of the Courts." For effective date and applicability, see editor's note.