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, or a civil revocation of a drivers license as the result of a criminal charge, 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, including civil revocations of drivers licenses as a result of the underlying charge, 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.  The Administrative Office of the Courts, in consultation with the Division of Motor Vehicles, shall develop a system for making a good faith effort to review expungment records, for those offenses expunged pursuant to G.S. 15A‑145 and G.S. 15A‑146 prior to October 1, 2007, to determine if an expunged offense resulted in a civil revocation.  For any expunged offenses that resulted in a civil revocation, the civil revocation shall be reviewed to determine if it should be expunged pursuant to Section 1 or 2 of this act.  If the Administrative Office of the Courts determines that a civil revocation should be expunged, it shall expunge the civil revocation from the records of the court and shall notify the Division of Motor Vehicles to expunge any record of the civil revocation.
SECTION 4.  Sections 1 and 2 of this act become effective October 1, 2007.  The remainder of this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 2nd day of August, 2007.

	_____________________________________
		 Beverly E. Perdue
	 President of the Senate

	_____________________________________
		 Joe Hackney
	 Speaker of the House of Representatives

	_____________________________________
		 Michael F. Easley
	 Governor

Approved __________.m. this ______________ day of ___________________, 2007