North Carolina § 15A-150 - Notification requirements.

§ 15A-150. Notification requirements.

Notification to AOC. - The clerk of superior court in each county in North Carolina shall, as soon as practicable after each term of court, file with the Administrative Office of the Courts the petitions granted under this Article, any orders of expunction, and the names of the following: Persons granted an expunction under this Article. , (3) Repealed by Session Laws 2015-40, s. 3, effective December 1, 2015, and applicable to conditional discharges granted on or after that date. Notification to Other State and Local Agencies. - Unless otherwise instructed by the Administrative Office of the Courts pursuant to an agreement entered into under subsection (e) of this section for the electronic or facsimile transmission of information, the clerk of superior court in each county in North Carolina shall send a certified copy of an order granting an expunction to a person named in subsection (a) of this section to (i) all of the agencies listed in this subsection and (ii) the person granted the expunction. Expunctions granted pursuant to G.S. 15A-146(a4) are excluded from all clerk of superior court notice provisions of this subsection. An agency receiving an order under this subsection shall purge from its records all entries made as a result of the charge or conviction ordered expunged, except as provided in G.S. 15A-151. The list of agencies is as follows: The sheriff, chief of police, or other arresting agency. When applicable, the Division of Motor Vehicles. Any State or local agency identified by the petition as bearing record of the offense that has been expunged. The Department of Public Safety, Combined Records Section. The State Bureau of Investigation. Notification to FBI. - The State Bureau of Investigation shall forward the order received under this section to the Federal Bureau of Investigation. Notification to Private Entities. - A State agency that receives a certified copy of an order under this section shall notify any private entity with which it has a licensing agreement for bulk extracts of data from the agency criminal record database to delete the record in question. The private entity shall notify any other entity to which it subsequently provides in a bulk extract data from the agency criminal database to delete the record in question from its database. The Director of the Administrative Office of the Courts may enter into an agreement with any of the State agencies listed in subsection (b) of this section for electronic or facsimile transmission of any information that must be provided under this section. The Administrative Office of the Courts also may provide notice to State and local agencies, in a manner and format determined by the Administrative Office of the Courts, of expunctions granted pursuant to G.S. 15A-146(a4). (4) Repealed by Session Laws 2010-174, s. 7, effective October 1, 2010. (5) Repealed by Session Laws 2015-40, s. 3, effective December 1, 2015, and applicable to conditional discharges granted on or after that date. (6) Persons granted a dismissal upon completion of a conditional discharge under G.S. 14-50.29 , 14-204, 14-277.8, 14-313(f), 15A-1341(a4), 90-96, or 90-113.14. History (2009-510, s. 1; 2010-174, s. 7; 2011-145, s. 19.1(h); 2013-368, s. 12; 2014-100, s. 17.1(eeee), (ffff), (gggg); 2014-115, s. 27(a); 2015-40, s. 3; 2015-247, s. 8; 2015-264, s. 5; 2017-195, s. 1; 2018-72, s. 5; 2020-35, s. 3(b); 2021-47, s. 15.) Editor's Note. - Session Laws 2015-40, s. 10, made the amendment to subsection (a) of this section by Session Laws 2015-40, s. 3, applicable to conditional discharges granted on or after December 1, 2015. Session Laws 2017-195, s. 2, made the amendment to this section by Session Laws 2017-195, s. 1, which inserted "petitions granted under this Article, any orders of expunction, and the" near the end of subsection (a); in subsection (b), inserted "and the person" at the end of the first sentence, and substituted "purge" for "expunge" in the second sentence; added "Combined Record Section" in subdivision (b)(4); added subdivision (b)(5); and substituted "State Bureau of Investigation" for "Department of Public Safety" in subsection (c), effective December 1, 2017, and applicable to petitions filed on or after that date. Session Laws 2018-72, s. 7, made the amendment of subdivision (a)(6) of this section by Session Laws 2018-72, s. 5, effective December 1, 2018, and applicable to offenses committed on or after that date. Session Laws 2020-35, s. 3(c), provides: "By October 1, 2021, the Department of Public Safety, in conjunction with the Department of Justice and the Administrative Office of the Courts, shall jointly develop and submit a report to the Joint Legislative Oversight Committee on Justice and Public Safety on recommendations and the costs involved to automate the expunction process for all State agencies with records subject to expunction orders and ensure the efficacy of the record expunction." Effect of Amendments. - Session Laws 2010-174, s. 7, effective October 1, 2010, in subdivision (a)(1), deleted "a discharge or" preceding "an expunction"; in subdivision (a)(2), substituted "a conditional discharge under G.S. 14-50.29 " for "an expunction under G.S. 14-50.29 or G.S. 14-50.30 "; in subdivision (a)(3), deleted "or an expunction" following "discharge"; deleted subdivision (a)(4), which read: "Persons whose judgments of convictions have been cancelled and expunged under G.S. 90-96 or G.S. 90-113.14 "; and in the first paragraph in subsection (b), added the exception in the last 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 subdivision (b)(2). Session Laws 2013-368, s. 12, effective October 1, 2013, added subdivision (a)(5). For applicability, see Editor's note. Session Laws 2014-100, s. 17.1(eeee), effective July 1, 2014, in subsection (c), substituted "DPS" for "SBI" in the catchline, and substituted "Department of Public Safety" for "State Bureau of Investigation" three times.. Session Laws 2014-100, s. 17.1(gggg), in subsection (b), added "The list of agencies is as follows:" at the end of the introductory language and added subdivision (b)(4); and rewrote subsection (c). See Editor's note for effective date and applicability. Session Laws 2015-40, s. 3, effective December 1, 2015, deleted former subdivisions (a)(2), (a)(3), and (a)(5), which are now included in subdivision (a)(6); and added subdivision (a)(6). For applicability, see editor's note. Session Laws 2015-247, s. 8, effective September 23, 2015, added "Unless otherwise instructed by the Administrative Office of the Courts pursuant to an agreement entered into under subsection (e) of this section for the electronic or facsimile transmission of information" at the beginning of subsection (b), and made a related stylistic change; and added subsection (e). Session Laws 2015-264, s. 5, effective October 1, 2015, deleted "and the Division of Adult Correction of the Department of Public Safety" at the end of subdivision (b)(2). Session Laws 2017-195, s. 1, effective December 1, 2017, inserted "petitions granted under this Article, any orders of expunction, and the" near the end of subsection (a); in subsection (b), inserted "and the person" at the end of the first sentence, and substituted "purge" for "expunge" in the second sentence; added "Combined Record Section" in subdivision (b)(4); added subdivision (b)(5); and substituted "State Bureau of Investigation" for "Department of Public Safety" in subsection (c). For applicability, see Editor's note. Session Laws 2018-72, s. 5, inserted "14-277.8," in subdivision (a)(6). For effective date and applicability, see editor's note. Session Laws 2020-35, s. 3(b), effective June 25, 2020, in subsection (b), in the first sentence of the introductory paragraph, added the item (i) and (ii) designations, and substituted "the person granted the expunction" for "the person" and added the second sentence. Session Laws 2021-47, s. 15, effective June 18, 2021, inserted "clerk of superior court” in subsection (b); added the last sentence in subsection (e).