A BILL TO BE ENTITLED
AN ACT to provide that a person may obtain an expunction for any charges that were dismissed or for which a finding of not guilty or not responsible is entered and to provide that no fee shall be charged for the first petition to expunge a charge from a person's record but that a fee shall be charged for any petitions filed to expunge any subsequent charges.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S.  15A‑146 reads as rewritten:
"§ 15A‑146.  Expunction of records when charges are dismissed or there are findings of not guilty.
(a)	If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction under G.S. 18B‑302(i) prior to December 1, 1999, and the charge is dismissed, or a finding of not guilty or not responsible is entered, that person may apply to the court of the county where the charge was brought for an order to expunge from all official records any entries relating to his apprehension or trial. The court shall hold a hearing on the application and, upon finding that the person had not previously been convicted of any felony under the laws of the United States, this State, or any other state, the court shall order the expunction. No person as to whom such an order has been entered shall be held thereafter under any provision of any law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of his failure to recite or acknowledge any expunged entries concerning apprehension or trial.
	(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, the Division of Adult Correction of the Department of Public Safety, the Division of Motor Vehicles, and any other State or local government agencies identified by the petitioner as 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 notify State and local agencies of the court's order as provided in G.S. 15A‑150. 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 costs of expunging the records, as required under G.S. 15A‑150, shall not be taxed against the petitioner.
(b1)	Any person entitled to expunction under this section may also apply to the court for an order expunging DNA records when the person's case has been dismissed by the trial court and the person's DNA record or profile has been included in the State DNA Database and the person's DNA sample is stored in the State DNA Databank. A copy of the application for expunction of the DNA record or DNA sample shall be served on the district attorney for the judicial district in which the felony charges were brought not less than 20 days prior to the date of the hearing on the application. If the application for expunction is granted, a certified copy of the trial court's order dismissing the charges shall be attached to an order of expunction. The order of expunction shall include the name and address of the defendant and the defendant's attorney and shall direct the SBI to send a letter documenting expunction as required by subsection (b2) of this section.
(b2)	Upon receiving an order of expunction entered pursuant to subsection (b1) of this section, the SBI shall purge the DNA record and all other identifying information from the State DNA Database and the DNA sample stored in the State DNA Databank covered by the order, except that the order shall not apply to other offenses committed by the individual that qualify for inclusion in the State DNA Database and the State DNA Databank. A letter documenting expunction of the DNA record and destruction of the DNA sample shall be sent by the SBI to the defendant and the defendant's attorney at the address specified by the court in the order of expunction.
(c)	The clerk shall notify State and local agencies of the court's order as provided in G.S. 15A‑150.
(d)	No person shall be charged a fee for the person's first expunction under this section. A person who files a petition for a second or subsequent expunction under this section must pay the clerk of superior court a fee of one hundred fifty dollars ($150.00) at the time the petition is filed. Fees collected under this subsection shall be deposited in the General Fund. This requirement to pay a fee under this subsection does not apply to petitions filed by an indigent."
SECTION 2.  This act becomes effective December 1, 2013.