§ 15A-152. (Effective October 1, 2010) Civil liability for dissemination of certain criminal history information. - North Carolina Statutes

§ 15A‑152.  (EffectiveOctober 1, 2010) Civil liability for dissemination of certain criminal historyinformation.

(a)        Duty to DeleteRecord. – A private entity that holds itself out as being in the business ofcompiling and disseminating criminal history record information forcompensation shall destroy and shall not disseminate any information in thepossession of the entity with respect to which the entity has received a noticeto delete the record in question.

(b)        Dissemination ofInformation. – Unless the entity is regulated by the federal Fair CreditReporting, Act 15 U.S.C. § 1681, et seq. or the Gramm‑Leach‑BlileyAct 15 U.S.C. §§ 6801‑6809, a private entity described by subsection (a)of this section that is licensed to access a State agency's criminal historyrecord database may disseminate that information only if, within the 90‑dayperiod preceding the date of dissemination, the entity originally obtained theinformation or received the information as an updated record information to itsdatabase. The private entity must notify the State agency from which itreceives the information of any other entity to which it subsequently providesa bulk extract of the information.

(c)        Civil Liability. – Aprivate entity subject to the provisions of this section that disseminatesinformation in violation of this section is liable for any damages that aresustained as a result of the violation by the person who is the subject of thatinformation. A person who prevails in an action brought under this section is alsoentitled to recover court costs and reasonable attorneys' fees. This subsectiondoes not apply to an entity regulated by and subject to the civil liabilityremedies of the federal Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq.,or the Gramm Leach‑Bliley Act, 15 U.S.C. 6801‑6809, et seq.

(d)        Certificate ofVerification. – Prior to filing an action under this section, a person who isthe subject of a record that has been expunged may apply to the AdministrativeOffice of the Courts for a certificate verifying that the person is the subjectof a record that has been expunged and that notice of the expunction was madein accordance with G.S. 15A‑150. The application must include a swornaffidavit attesting, under penalty of perjury, that the applicant is the personwho was the subject of the record in question and identifying the specific caseexpunged. A notary or official taking an acknowledgment, oath, or affirmationof an applicant affidavit under this subsection may not disclose the nature ofcontent of the application, except as required in a court action related to theapplication. Unless made part of the record of a subsequent court proceeding, acertificate of verification and an application for the certificate are notpublic records under G.S. 132‑1. The Administrative Office of the Courtsmay establish procedures pertaining to the application for and issuance ofcertificates of verification.  (2009‑510, s. 1.)