§ 15A-145. Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors. - North Carolina Statutes

Article 5.

Expunction of Records.

§ 15A‑145.  Expunctionof records for first offenders under the age of 18 at the time of conviction ofmisdemeanor; expunction of certain other misdemeanors.

(a)        Whenever any personwho has not previously been convicted of any felony, or misdemeanor other thana traffic violation, under the laws of the United States, the laws of thisState or any other state, (i) pleads guilty to or is guilty of a misdemeanorother than a traffic violation, and the offense was committed before the personattained the age of 18 years, or (ii) pleads guilty to or is guilty of amisdemeanor possession of alcohol pursuant to G.S. 18B‑302(b)(1), and theoffense was committed before the person attained the age of 21 years, he mayfile a petition in the court where he was convicted for expunction of themisdemeanor from his criminal record. The petition cannot be filed earlierthan: (i) two years after the date of the conviction, or (ii) the completion ofany period of probation, whichever occurs later, and the petition shallcontain, but not be limited to, the following:

(1)        An affidavit by thepetitioner that he has been of good behavior for the two‑year periodsince the date of conviction of the misdemeanor in question and has not beenconvicted of any felony, or misdemeanor other than a traffic violation, underthe laws of the United States or the laws of this State or any other state.

(2)        Verified affidavitsof two persons who are not related to the petitioner or to each other by bloodor marriage, that they know the character and reputation of the petitioner inthe community in which he lives and that his character and reputation are good.

(3)        A statement that thepetition is a motion in the cause in the case wherein the petitioner wasconvicted.

(4)        Affidavits of theclerk of superior court, chief of police, where appropriate, and sheriff of thecounty in which the petitioner was convicted and, if different, the county ofwhich the petitioner is a resident, showing that the petitioner has not beenconvicted of a felony or misdemeanor other than a traffic violation under thelaws of this State at any time prior to the conviction for the misdemeanor inquestion or during the two‑year period following that conviction.

(5)        An affidavit by thepetitioner that no restitution orders or civil judgments representing amountsordered for restitution entered against him are outstanding.

The petition shall be servedupon the district attorney of the court wherein the case was tried resulting inconviction. The district attorney shall have 10 days thereafter in which tofile any objection thereto and shall be duly notified as to the date of thehearing of the petition.

The judge to whom the petitionis presented is authorized to call upon a probation officer for any additionalinvestigation or verification of the petitioner's conduct during the two‑yearperiod that he deems desirable.

(b)        If the court, afterhearing, finds that the petitioner had remained of good behavior and been freeof conviction of any felony or misdemeanor, other than a traffic violation, fortwo years from the date of conviction of the misdemeanor in question, thepetitioner has no outstanding restitution orders or civil judgmentsrepresenting amounts ordered for restitution entered against him, and (i)petitioner was not 18 years old at the time of the offense in question, or (ii)petitioner was not 21 years old at the time of the offense of possession ofalcohol pursuant to G.S. 18B‑302(b)(1), it shall order that such personbe restored, in the contemplation of the law, to the status he occupied beforesuch arrest or indictment or information. No person as to whom such order hasbeen entered shall be held thereafter under any provision of any laws to beguilty of perjury or otherwise giving a false statement by reason of hisfailure to recite or acknowledge such arrest, or indictment, information, ortrial, or response to any inquiry made of him for any purpose.

(c)        (Effective untilOctober 1, 2010) The court shall also order that the said misdemeanorconviction, or a civil revocation of a drivers license as the result of acriminal charge, be expunged from the records of the court, and direct all law‑enforcementagencies, including the Division of Motor Vehicles, bearing record of the sameto expunge their records of the conviction or a civil revocation of a driverslicense as the result of a criminal charge. This subsection does not apply tocivil or criminal charges based upon the civil revocation, or to civilrevocations under G.S. 20‑16.2. The clerk shall forward a certified copyof the order to the sheriff, chief of police, or other arresting agency. Theclerk shall forward a certified copy of the order to the Division of MotorVehicles for the expunction of a civil revocation provided the underlyingcriminal charge is also expunged. The civil revocation of a drivers licenseshall not be expunged prior to a final disposition of any pending civil orcriminal charge based upon the civil revocation. The sheriff, chief or head ofsuch other arresting agency shall then transmit the copy of the order with aform supplied by the State Bureau of Investigation to the State Bureau ofInvestigation, and the State Bureau of Investigation shall forward the order tothe Federal Bureau of Investigation.

(c)        (EffectiveOctober 1, 2010) The court shall also order that the misdemeanorconviction, or a civil revocation of a drivers license as the result of acriminal charge, be expunged from the records of the court. The court shalldirect all law‑enforcement agencies, the Department of Correction, theDivision of Motor Vehicles, and any other State or local government agenciesidentified by the petitioner as bearing record of the same to expunge theirrecords of the petitioner's conviction or a civil revocation of a driverslicense as the result of a criminal charge. This subsection does not apply tocivil or criminal charges based upon the civil revocation, or to civilrevocations under G.S. 20‑16.2. The clerk shall notify State and localagencies of the court's order as provided in G.S. 15A‑150. The clerkshall forward a certified copy of the order to the Division of Motor Vehiclesfor the expunction of a civil revocation provided the underlying criminalcharge is also expunged. The civil revocation of a drivers license shall not beexpunged prior to a final disposition of any pending civil or criminal chargebased upon the civil revocation.

(d)        (Effective untilOctober 1, 2010) The clerk of superior court in each county in NorthCarolina shall, as soon as practicable after each term of court in his county,file with the Administrative Office of the Courts, the names of those personsgranted a discharge under the provisions of this section, and theAdministrative Office of the Courts shall maintain a confidential filecontaining the names of persons granted conditional discharges. The informationcontained in such file shall be disclosed only to judges of the General Courtof Justice of North Carolina for the purpose of ascertaining whether any personcharged with an offense has been previously granted a discharge.

(d)        (EffectiveOctober 1, 2010) The clerk shall notify State and local agencies of thecourt's order as provided in G.S. 15A‑150.

(d1)      Notwithstandingsubsection (a) of this section and any other provision of law, a person mayfile a petition in the court where the person was convicted for expunction of amisdemeanor conviction from the person's criminal record if the person has noprior felony convictions and was convicted for misdemeanor larceny pursuant toG.S. 14‑72(a) more than 15 years prior to the filing of the petition.

The petition shall contain,but not be limited to, the following:

(1)        An affidavit by thepetitioner that he has not been convicted of any felony, has been of goodbehavior for the 15‑year period preceding the filing of the petition, andhas not been convicted of any misdemeanor other than a traffic violation, underthe laws of the United States or the laws of this State or any other stateduring the 15‑year period.

(2)        Verified affidavitsof two persons who are not related to the petitioner or to each other by bloodor marriage, that they know the character and reputation of the petitioner inthe community in which he lives and that his character and reputation are good.

(3)        A statement that thepetition is a motion in the cause in the case wherein the petitioner wasconvicted.

(4)        Affidavits of theclerk of superior court, chief of police, where appropriate, and sheriff of thecounty in which the petitioner was convicted and, if different, the county ofwhich the petitioner is a resident, showing that the petitioner has not beenconvicted of a felony or misdemeanor other than a traffic violation under thelaws of this State during the 10‑year period preceding the filing of thepetition.

(5)        An affidavit by thepetitioner that no restitution orders or civil judgments representing amountsordered for restitution entered against him are outstanding.

The petition shall be servedupon the district attorney of the court wherein the case was tried resulting inconviction. The district attorney shall have 10 days thereafter in which tofile any objection thereto and shall be duly notified as to the date of thehearing of the petition.

The judge to whom the petitionis presented is authorized to call upon a probation officer for any additionalinvestigation or verification of the petitioner's conduct during the 10‑yearperiod that he deems desirable.

If the court, after hearing,finds that the petitioner had remained of good behavior and been free onconviction of any felony or misdemeanor, other than a traffic violation, duringthe 10‑year period preceding the petition, the petitioner has nooutstanding restitution orders or civil judgments representing amounts orderedfor restitution entered against him, and the petitioner was convicted ofmisdemeanor larceny pursuant to G.S. 14‑72(a) more than 10 years prior tothe filing of the petition, it shall order that such person be restored, in thecontemplation of the law, to the status he occupied before such arrest orindictment or information. No person as to whom such order has been enteredshall be held thereafter under any provision of any laws to be guilty ofperjury or otherwise giving a false statement by reason of his failure torecite or acknowledge such arrest, or indictment, information, or trial, orresponse to any inquiry made of him for any purpose.

The provisions of subsections(c), (d), and (e) of this section shall apply to a petition for expunctionfiled or granted pursuant to this subsection.

(e)        A person who filesa petition for expunction of a criminal record under this section must pay theclerk of superior court a fee of one hundred twenty‑five dollars($125.00) at the time the petition is filed. Fees collected under thissubsection shall be deposited in the General Fund. This subsection does notapply to petitions filed by an indigent.  (1973, c. 47, s. 2; c. 748; 1975, c. 650, s. 5; 1977,c. 642, s. 1; c. 699, ss. 1, 2; 1979, c. 431, ss. 1, 2; 1985, c. 636, s. 1;1999‑406, s. 8; 2002‑126, ss. 29A.5(a), (b); 2004‑133, s. 1;2005‑276, s. 43.1(e); 2007‑509, s. 1; 2008‑187, s. 35; 2009‑510,s. 4(a), (b); 2009‑577, s. 10.)