A BILL TO BE ENTITLED
AN ACT to provide for the automatic expunction of a person's record if the person is wrongly convicted, incarcerated, and later cleared of the charge or if the charges against a person are dismissed or there are findings of not guilty AND TO APPROPRIATE FUNDS TO THE ADMINISTRATIVE OFFICE OF THE COURTS TO HELP IMPLEMENT THIS ACT.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 5 of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A‑149A.  Expunction of records when person is wrongly convicted and later cleared.
(a)	If any person is wrongly convicted and incarcerated, but later is discharged from prison as a result of a successful appeal, motion for appropriate relief, or writ of habeas corpus, the reviewing court that determined the person was wrongfully convicted and ordered the person be discharged from prison shall also enter an order to expunge from all official records any entries relating to the person's apprehension, charge, or trial as provided by this section.
(b)	If any person is wrongly convicted and incarcerated, but later is discharged from prison as a result of a determination by the North Carolina Innocence Inquiry Commission that the person is innocent, the three‑judge panel that determined the person's innocence and entered the dismissal of the charges shall also enter an order to expunge from all official records any entries relating to the person's apprehension, charge, or trial as provided by this section.
(c)	The order of expunction shall include an instruction that any entries relating to the person's apprehension, charge, or trial 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, or any other State or local government agencies identified by the petitioner as bearing record of the same to expunge their records of the entries. The clerk shall notify State and local agencies of the court's order as provided in G.S. 15A‑150. The expunction shall be automatic and the person shall not be required to file a petition for the expunction. The costs of expunging the records, as required under G.S. 15A‑150, shall not be taxed against the petitioner.
(d)	No person as to whom such an order has been entered under this section 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 the person's failure to recite or acknowledge any expunged entries concerning apprehension, charge, or trial."
SECTION 2.  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, the court entering the dismissal, or finding of not guilty or not responsible shall also enter an order to expunge from all official records any entries relating to the person's apprehension or trial. 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 shall also order that the said entries, including civil revocations of drivers licenses as a result of the underlying charge, 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)	When a person entitled to expungement under this section has his or her case 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, the court shall also enter an order to expunge the DNA record and DNA sample. The order of expungement shall include the name and address of the defendant and the defendant's attorney and shall direct the North Carolina State Crime Laboratory to send a letter documenting expungement as required by subsection (b2) of this section.
(b2)	Upon receiving an order of expungement entered pursuant to subsection (b1) of this section, the North Carolina State Crime Laboratory 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 expungement of the DNA record and destruction of the DNA sample shall be sent by the North Carolina State Crime Laboratory to the defendant and the defendant's attorney at the address specified by the court in the order of expungement.
(c)	The clerk shall notify State and local agencies of the court's order as provided in G.S. 15A‑150.
(d)	The court shall also automatically enter an order for expunction under this section for a person charged with a crime that is dismissed pursuant to compliance with a deferred prosecution agreement or the terms of a conditional discharge.
(e)	Notwithstanding any other provision of this section, the arrest records of a person charged with any of the following offenses shall not be expunged even though the case may be dismissed or a finding of not guilty or not responsible is entered on behalf of the defendant:
(1)	An offense under Article 7B of Chapter 14 of the General Statutes.
(2)	An offense under G.S. 50B‑4.1(d)."
SECTION 3.  There is appropriated from the General Fund to the Judicial Department to be allocated to the Administrative Office of the Courts the sum of ten thousand dollars ($10,000) to assist with the cost of implementing this act.
SECTION 4.  Sections 3 and 4 of this act become effective July 1, 2016.  The remainder of this act becomes effective December 1, 2016.