North Carolina § 15A-151 - Confidential agency files; exceptions to expunction.

§ 15A-151. Confidential agency files; exceptions to expunction.

The Administrative Office of the Courts shall maintain a confidential file for expungements containing the petitions granted under this Article and the names of those people for whom it received a notice under G.S. 15A-150. The information contained in the file may be disclosed only as follows: Upon request of a judge of the General Court of Justice of North Carolina for the purpose of ascertaining whether a person charged with an offense has been previously granted a discharge or an expunction. Upon request of a person requesting confirmation of the person's own discharge or expunction. To the General Court of Justice of North Carolina in response to a subpoena or other court order issued pursuant to a civil action under G.S. 15A-152. Upon request of State or local law enforcement, if the criminal record was expunged under this Chapter for employment purposes only. Upon the request of the North Carolina Criminal Justice Education and Training Standards Commission, if the criminal record was expunged under this Chapter for certification purposes only. Upon request of the North Carolina Sheriff's Standards Commission, if the criminal record was expunged under this Chapter for certification purposes only. To the district attorney in accordance with G.S. 15A-151.5. Upon request of the North Carolina Sheriffs' Education and Training Standards Commission, if the criminal record was expunged under this Chapter for purposes of preparing a disclosure statement in accordance with Article 3 of Chapter 17E of the General Statutes. All agencies required under G.S. 15A-150 to expunge from records all entries made as a result of a charge or conviction ordered expunged who maintain a licensing agreement to provide record information to a private entity shall maintain a confidential file containing information verifying the expunction and subsequent notification to private entities as required by G.S. 15A-150(d). The information contained in the file shall be disclosed only to a person requesting confirmation of expunction of the record of the person's own discharge or expunction, as provided in G.S. 15A-152. The Division of Motor Vehicles shall not be required to expunge a record if the expunction of the record is expressly prohibited by the federal Commercial Motor Vehicle Safety Act of 1986, the federal Motor Carrier Safety Improvement Act of 1999, or regulations adopted pursuant to either act. History (2009-510, s. 1; 2010-174, s. 8; 2011-278, s. 2; 2012-191, s. 5; 2013-368, s. 13; 2015-40, s. 4; 2017-195, s. 1; 2020-35, s. 2(b); 2021-107, s. 6.) Editor's Note. - Session Laws 2017-195, s. 2, made the amendment to this section by Session Laws 2017-195, s. 1, which rewrote subsection (a), effective December 1, 2017, and applicable to petitions filed on or after that date. Session Laws 2021-107, s. 10, made the amendments to subsection (a) of this section, by Session Laws 2021-107, s. 6, effective October 1, 2021, and applicable to elections and appointments to the office of sheriff on or after that date. Effect of Amendments. - Session Laws 2010-174, s. 8, effective October 1, 2010, rewrote the section catchline, which formerly read: "AOC maintain confidential file"; inserted the subsection (a) designation and added subsections (b) and (c). Session Laws 2011-278, s. 2, effective December 1, 2011, added subdivisions (a)(4) through (a)(6). Session Laws 2012-191, s. 5, effective December 1, 2012, added "or G.S. 15A-145.5 " in subdivisions (a)(4), (a)(5), and (a)(6). Session Laws 2013-368, s. 13, effective October 1, 2013, added "or 145.6" in subdivision (a)(5); added "or 15-A145.6" in subdivision (a)(6);and made related stylistic and punctuation changes. For applicability, see Editor's note. Session Laws 2015-40, s. 4, effective July 1, 2015, in subdivision (a)(4), inserted "or 15A-145.6" and made related stylistic changes. Session Laws 2017-195, s. 1, effective December 1, 2017, rewrote subsection (a). For applicability, see Editor's note. Session Laws 2020-35, s. 2(b), effective December 1, 2020, substituted "15A-145.6, 15A-145.8A, or 15A-146" for "or 15A-145.6" in subdivisions (a)(4), (a)(5) and (a)(6); and substituted "Sheriffs' Education and Training Standards Commission" for "Sherrif's Standards Commission" in subdivision (a)(6).