A BILL TO BE ENTITLED
AN ACT to provide that Records of a civil revocation of drivers licenses shall be expunged from an individual's driving record if the underlying criminal charge is expunged pursuant to Article 5 of Chapter 15A of the general statutes.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 15A‑145(c) reads as rewritten:
"(c)	The court shall also order that the said misdemeanor conviction be expunged from the records of the court, and direct all law‑enforcement agencies, including the Division of Motor Vehicles, bearing record of the same to expunge their records of the conviction or a civil revocation of a drivers license as the result of a criminal charge. This subsection does not apply to civil or criminal charges based upon the civil revocation, or to civil revocations under G.S. 20‑16.2. The clerk shall forward a certified copy of the order to the sheriff, chief of police, or other arresting agency. The clerk shall forward a certified copy of the order to the Division of Motor Vehicles for the expunction of a civil revocation provided the underlying criminal charge is also expunged. The civil revocation of a drivers license shall not be expunged prior to a final disposition of any pending civil or criminal charge based upon the civil revocation. The sheriff, chief or head of such other arresting agency shall then transmit the copy of the order with a form supplied by the State Bureau of Investigation to the State Bureau of Investigation, and the State Bureau of Investigation shall forward the order to the Federal Bureau of Investigation."
SECTION 2.  G.S. 15A‑146(b) reads as rewritten:
"(b)	The court may also order that the said entries shall be expunged from the records of the court, and direct all law‑enforcement agencies, including the Division of Motor Vehicles,  bearing record of the same to expunge their records of the entries, including civil revocations of drivers licenses as a result of the underlying charge being expunged. This subsection does not apply to civil or criminal charges based upon the civil revocation, or to civil revocations under G.S. 20‑16.2. The clerk shall forward a certified copy of the order to the sheriff, chief of police, or other arresting agency. The clerk shall forward a certified copy of the order to the Division of Motor Vehicles for the expunction of a civil revocation provided the underlying criminal charge is also expunged. The civil revocation of a drivers license shall not be expunged prior to a final disposition of any pending civil or criminal charge based upon the civil revocation. The sheriff, chief or head of such other arresting agency shall then transmit the copy of the order with the form supplied by the State Bureau of Investigation to the State Bureau of Investigation, and the State Bureau of Investigation shall forward the order to the Federal Bureau of Investigation. The costs of expunging these records shall not be taxed against the petitioner."
SECTION 3.  This act becomes effective October 1, 2007, and applies to offenses committed on or after that date.