North Carolina § 15A-151 - 5. Prosecutor access to expunged files.

§ 15A-151. 5. Prosecutor access to expunged files.

Notwithstanding any other provision of this Article, the Administrative Office of the Courts shall make all confidential files maintained under G.S. 15A-151 electronically available to all prosecutors of this State if the criminal record was expunged on or after July 1, 2018, under any of the following: G.S. 15A-145. Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors. G.S. 15A-145.1. Expunction of records for first offenders under the age of 18 at the time of conviction of certain gang offenses. G.S. 15A-145.2. Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses. G.S. 15A-145.3. Expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses. G.S. 15A-145.4. Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony. G.S. 15A-145.5. Expunction of certain misdemeanors and felonies; no age limitation. G.S. 15A-145.6. Expunctions for certain defendants convicted of prostitution. G.S. 15A-145.7. Expunction of records for first offenders under 20 years of age at the time of the offense of certain offenses. G.S. 15A-145.8A. Expunction of records for offenders under the age of 18 at the time of commission of certain misdemeanors and felonies upon completion of the sentence. G.S. 15A-145.9. Expunction of records of certain offenses committed by human trafficking victims. G.S. 15A-146(a). Expunction of records when charges are dismissed. G.S. 15A-146(a1). Expunction of records when charges are dismissed. For any expungement granted on or after July 1, 2018, the record of a criminal conviction expunged under subdivisions (1) through (7b) of subsection (a) of this section may be considered a prior conviction and used for any of the following purposes: To calculate prior record level and prior conviction level if the named person is convicted of a subsequent criminal offense. To serve as a basis for indictment for a habitual offense pursuant to G.S. 14-7.1 or G.S. 14-7.26. When a conviction of a prior offense raises the offense level of a subsequent offense. To determine eligibility for relief under G.S. 90-96(a). When permissible in a criminal case under Rule 404(b) or Rule 609 of the North Carolina Rules of Evidence. For any expungement granted on or after July 1, 2018, the information maintained by the Administrative Office of the Courts, and made available under subsection (a) of this section, is prima facie evidence of the expunged conviction for the purposes provided in subsection (b) of this section and is admissible into evidence. The expungement of a conviction shall not serve as a basis to challenge a conviction or sentence entered before the expungement of that conviction. History (2017-195, s. 1; 2019-158, s. 4(c); 2020-35, s. 2(a); 2020-69, s. 8(a), (b); 2020-78, s. 10.1(a), (b); 2021-88, s. 3.) Editor's Note. - Session Laws 2017-195, s. 2, made this section effective December 1, 2017, and applicable to petitions filed on or after that date. Session Laws 2019-158, s. 4(c), rewrote subsection (a) without using the coded bill drafting format provided by G.S. 120-20.1 . The amendment used the phrase "is rewritten to read" instead of "reads as rewritten." Session Laws 2020-69, s. 8(a), and Session Laws 2020-78, s. 10.1(a), repealed Session Laws 2019-158, s. 4(c), effective retroactively to December 1, 2019. Session Laws 2019-158, s. 7 is a severability clause. Session Laws 2020-69, s. 8(b), and Session Laws 2020-78, s. 10.1(b), are identical, effective retroactively to December 1, 2019, and added subdivision (a)(7a), which was redesignated as (a)(7c) at the direction of the Revisor of Statutes. Session Laws 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium." Session Laws 2020-78, s. 22.3, is a severability clause. Effect of Amendments. - Session Laws 2020-35, s. 2(a), effective December 1, 2020, added subdivisions (a)(7a) and (a)(7b); rewrote subsection (b); and in subsection (c), substituted "provided in subsection (b) of this section and shall be admissible into evidence" for "of calculating prior record level of the named person and shall be admissible into evidence at a subsequent criminal sentencing hearing" in the first sentence, and added the second sentence. Session Laws 2020-69, s. 8(b), added subdivision (a)(7c). For retroactive effective date, identical amendment, and renumbering of subdivision, see editor's note. Session Laws 2020-78, s. 10.1(b), added subdivision (a)(7c). For retroactive effective date, identical amendment, and renumbering of subdivision, see editor's note. Session Laws 2021-88, s. 3, effective July 22, 2021, substituted "commission” for "conviction” in subdivision (a)(7b); and substituted "is prima facie evidence” for "shall be prima facie evidence”, and "is admissible” for "shall be admissible” in subsection (c).