North Carolina § 15A-148 - Expunction of DNA records when charges are dismissed on appeal or pardon of innocence is granted.

§ 15A-148. Expunction of DNA records when charges are dismissed on appeal or pardon of innocence is granted.

Upon a motion by the defendant following the issuance of a final order by an appellate court reversing and dismissing a conviction of an offense for which a DNA analysis was done in accordance with Article 13 of Chapter 15A of the General Statutes, or upon receipt of a pardon of innocence with respect to any such offense, the court shall issue an order of expungement of the DNA record and samples in accordance with subsection (b) of this section. 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 (b) of this section. When an order of expungement has been issued pursuant to subsection (a) of this section, the order of expungement, together with a certified copy of the final appellate court order reversing and dismissing the conviction or a certified copy of the instrument granting the pardon of innocence, shall be provided to the North Carolina State Crime Laboratory by the clerk of court. Upon receiving an order of expungement for an individual whose DNA record or profile has been included in the State DNA Database and whose DNA sample is stored in the State DNA Databank, the DNA profile shall be expunged and the DNA sample destroyed by the North Carolina State Crime Laboratory, 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. The North Carolina State Crime Laboratory shall adopt procedures to comply with this subsection. 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. History (2001-282, s. 2; 2013-360, s. 17.6(e); 2017-195, s. 1.) Editor's Note. - Session Laws 2001-282, s. 6, made this section effective October 1, 2001, and applicable to evidence, records, and samples in the possession of a governmental entity on or after that date. Session Laws 2017-195, s. 2, made the amendment to this section by Session Laws 2017-195, s. 1, which added subsection (c), effective December 1, 2017, and applicable to petitions filed on or after that date. Effect of Amendments. - Session Laws 2013-360, s. 17.6(e), effective July 1, 2013, substituted "North Carolina State Crime Laboratory" for "SBI" throughout the section. Session Laws 2017-195, s. 1, effective December 1, 2017, added subsection (c). For applicability, see Editor's note. Legal Periodicals. - For article, "North Carolina's Arrested Development: Fourth Amendment Problems in the DNA Database Act of 2010," see 89 N.C.L. Rev. 1309 (2011).