North Carolina § 15A-147 - Expunction of records when charges are dismissed or there are findings of not guilty as a result of identity theft or mistaken identity.

§ 15A-147. Expunction of records when charges are dismissed or there are findings of not guilty as a result of identity theft or mistaken identity.

If any person is named in a charge for an infraction or a crime, either a misdemeanor or a felony, as a result of another person using the identifying information of the named person or mistaken identity and a finding of not guilty is entered, or the conviction is set aside, the named person may petition the court where the charge was last pending on a form approved by the Administrative Office of the Courts supplied by the clerk of court for an order to expunge from all official records any entries relating to the person's apprehension, charge, or trial. The court, after notice to the district attorney, shall hold a hearing on the petition and, upon finding that the person's identity was used without permission and the charges were dismissed or the person was found not guilty, the court shall order the expunction. If any person is named in a charge for an infraction or a crime, either a misdemeanor or a felony, as a result of another person using the identifying information of the named person or mistaken identity, and the charge against the named person is dismissed, the prosecutor or other judicial officer who ordered the dismissal shall provide notice to the court of the dismissal, and the court shall order the expunction of all official records containing any entries relating to the person's apprehension, charge, or trial. Any petition for expungement under this section shall be on a form approved by the Administrative Office of the Courts and be filed with the clerk of superior court. Upon order of expungement, the clerk shall forward the petition to the Administrative Office of the Courts. No person as to whom such an order has been entered under this section 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 the person's failure to recite or acknowledge any expunged entries concerning apprehension, charge, or trial. The court shall also order that the said entries shall be expunged from the records of the court and direct all law enforcement agencies, the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, the Division of Motor Vehicles, or any other State or local government agencies identified by the petitioner, or the person eligible for automatic expungement under subsection (a1) of this section, as bearing record of the same to expunge their records of the entries. The clerk shall notify State and local agencies of the court's order as provided in G.S. 15A-150. The costs of expunging the records, as required under G.S. 15A-150, shall not be taxed against the petitioner. The Division of Motor Vehicles shall expunge from its records entries made as a result of the charge or conviction ordered expunged under this section. The Division of Motor Vehicles shall also reverse any administrative actions taken against a person whose record is expunged under this section as a result of the charges or convictions expunged, including the assessment of drivers license points and drivers license suspension or revocation. Notwithstanding any other provision of this Chapter, the Division of Motor Vehicles shall provide to the person whose motor vehicle record is expunged under this section a certified corrected driver history at no cost and shall reinstate at no cost any drivers license suspended or revoked as a result of a charge or conviction expunged under this section. The Division of Adult Correction and Juvenile Justice of the Department of Public Safety and any other applicable State or local government agency shall expunge its records as provided in G.S. 15A-150. The agency shall also reverse any administrative actions taken against a person whose record is expunged under this section as a result of the charges or convictions expunged. Notwithstanding any other provision of law, the normal fee for any reinstatement of a license or privilege resulting under this section shall be waived. Any insurance company that charged any additional premium based on insurance points assessed against a policyholder as a result of a charge or conviction that was expunged under this section shall refund those additional premiums to the policyholder upon notification of the expungement. For purposes of this section, the term "mistaken identity" means the erroneous arrest of a person for a crime as a result of misidentification by a witness or law enforcement, confusion on the part of a witness or law enforcement as to the identity of the person who committed the crime, misinformation provided to law enforcement as to the identity of the person who committed the crime, or some other mistake on the part of a witness or law enforcement as to the identity of the person who committed the crime. History (2001-108, s. 1; 2005-414, s. 8; 2009-510, s. 6; 2011-145, s. 19.1(h); 2015-202, s. 1; 2017-186, s. 2(uu); 2017-195, s. 1.) Editor's Note. - Session Laws 2001-108, s. 3, makes this section effective October 1, 2001, and applicable to charges filed before, on, or after the effective date. Session Laws 2017-195, s. 2, made the amendment to subsection (a) of this section by Session Laws 2017-195, s. 1, which substituted "named person may petition the court" for "named person may apply by petition or written motion to the court" in the first sentence and deleted "motion or" following "shall hold a hearing on the" in the second sentence; and added subsection (a2), effective December 1, 2017, and applicable to petitions filed on or after that date. Effect of Amendments. - Session Laws 2005-414, s. 8, effective December 1, 2005, substituted "theft" for "fraud" at the end of the section heading; and deleted "to commit an infraction or crime" preceding "and the charge" in subsection (a). Session Laws 2009-510, s. 6, effective October 1, 2010, rewrote subsection (c); and, in the first sentence of subsection (e), added "The Department of Correction and" at the beginning and substituted "shall expunge its records as provided in G.S. 15A-150 " for "shall expunge from its records entries made as a result of the charge or conviction ordered expunged under this section" at the end of the sentence. Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" in subsections (c) and (e). Session Laws 2015-202, s. 1, effective December 1, 2015, and applicable to charges filed on or after that date, added "or mistaken identity" at the end of the section heading; substituted "person or mistaken identity and a finding" for "person and the charge against the named person is dismissed, a finding" in the first sentence of subsection (a); added subsection (a1); inserted "or the person eligible for automatic expungement under subsection (a1) of this section" near the end of the first sentence of subsection (c); and added subsection (g). Session Laws 2017-186, s. 2(uu), effective December 1, 2017, inserted "and Juvenile Justice" in the first sentence of subsections (c) and (e). Session Laws 2017-195, s. 1, effective December 1, 2017, in subsection (a), substituted "named person may petition the court" for "named person may apply by petition or written motion to the court" in the first sentence and deleted "motion or" following "shall hold a hearing on the" in the second sentence; and added subsection (a2). For applicability, see Editor's note. Legal Periodicals. - For article, "Automatic (Expunctions) for the People: For a Court-Initiated Expunction Right in North Carolina for Charges Not Resulting in a Conviction,” see 96 N.C.L. Rev. 573 (2018).