§ 7B-322. District attorney review expunction request. - North Carolina Statutes

§ 7B‑322.  Districtattorney review expunction request.

(a)        Within 30 days ofthe receipt of notice of the director's refusal to expunge the individual'sname under G.S. 7B‑321(b) or (c), the individual may request a review ofthe director's decision by the district attorney of the prosecutorial districtin which the abuse or serious neglect report arose. The district attorney maydelegate the review of the director's decision to a designee within thedistrict attorney's office. The individual shall request a review under thissection by submitting a letter directed to the attention of the districtattorney. The letter shall contain the name, date of birth, address of theindividual seeking expunction, and the name of the juvenile who was the subjectof the determination of abuse or serious neglect. Failure to make a timelyrequest to the district attorney to review the director's decision shallconstitute a waiver of the individual's right of review by the districtattorney, but shall not bar the individual from filing a petition forexpunction under G.S. 7B‑323.

(b)        The director shallprovide the district attorney all the information the director used in makingthe determination. The district attorney shall review the director's decisionto refuse to expunge the individual's name from the responsible individualslist, and within 30 days' receipt of the request to review, make adetermination of agreement or disagreement with the director's decision.

(c)        If the districtattorney determines that there is not substantial evidence to support adetermination of abuse or serious neglect and to support the identification ofan individual as a responsible individual, the district attorney shall notifythe individual and the director in writing. The director shall notify theDepartment of Health and Human Services within five working days of thedistrict attorney's determination, and the Department shall change its recordsupon receipt of the notification.

(d)        If the districtattorney determines that there is substantial evidence to support adetermination of abuse or serious neglect and to support the identification ofan individual as a responsible individual, the district attorney shall notifythe director, and the individual in writing. (2005‑399, s. 3.)