Current through Session Law 2024-58
Section 15A-150 - Notification requirements(a) Notification to AOC. - The clerk of superior court in each county in North Carolina shall, as soon as practicable after each term of court, file with the Administrative Office of the Courts the petitions granted under this Article, any orders of expunction, and the names of the following: (1) Persons granted an expunction under this Article.(2), (3) Repealed by Session Laws 2015-40, s. 3, effective December 1, 2015, and applicable to conditional discharges granted on or after that date.(4) Repealed by Session Laws 2010-174, s. 7, effective October 1, 2010.(5) Repealed by Session Laws 2015-40, s. 3, effective December 1, 2015, and applicable to conditional discharges granted on or after that date.(6) Persons granted a dismissal upon completion of a conditional discharge under G.S. 14-50.29, 14-204, 14-277.8, 14-313(f), 15A-1341(a4), 90-96, or 90-113.14.(b) Notification to Other State and Local Agencies. - Unless otherwise instructed by the Administrative Office of the Courts pursuant to an agreement entered into under subsection (e) of this section for the electronic or facsimile transmission of information, the clerk of superior court in each county in North Carolina shall send a certified copy of an order granting an expunction to a person named in subsection (a) of this section to (i) all of the agencies listed in this subsection and (ii) the person granted the expunction. Expunctions granted pursuant to G.S. 15A-146(a4) are excluded from all clerk of superior court notice provisions of this subsection. An agency receiving an order under this subsection shall purge from its records all entries made as a result of the charge or conviction ordered expunged, except as provided in G.S. 15A-151. The list of agencies is as follows: (1) The sheriff, chief of police, or other arresting agency.(2) When applicable, the Division of Motor Vehicles.(3) Any State or local agency identified by the petition as bearing record of the offense that has been expunged.(4) The Department of Adult Correction, Combined Records Section. (5) The State Bureau of Investigation. (c) Notification to FBI. - The State Bureau of Investigation shall forward the order received under this section to the Federal Bureau of Investigation.(d) Notification to Private Entities. - A State agency that receives a certified copy of an order under this section shall notify any private entity with which it has a licensing agreement for bulk extracts of data from the agency criminal record database to delete the record in question. The private entity shall notify any other entity to which it subsequently provides in a bulk extract data from the agency criminal database to delete the record in question from its database.(e) The Director of the Administrative Office of the Courts may enter into an agreement with any of the State agencies listed in subsection (b) of this section for electronic or facsimile transmission of any information that must be provided under this section. The Administrative Office of the Courts also may provide notice to State and local agencies, in a manner and format determined by the Administrative Office of the Courts, of expunctions granted pursuant to G.S. 15A-146(a4).N.C. Gen. Stat. § 15A-150
Amended by 2022 N.C. Sess. Laws 74,s. 19A.1-c, eff. 1/1/2023.Amended by 2022 N.C. Sess. Laws 58,s. 19-a, eff. 1/1/2023.Amended by 2022 N.C. Sess. Laws 47,s. 18-a, eff. 1/1/2023.Amended by 2021 N.C. Sess. Laws 47,s. 15, eff. 6/18/2021.Amended by 2020 N.C. Sess. Laws 35,s. 3-b, eff. 6/25/2020.Amended by 2018 N.C. Sess. Laws 72,s. 5, eff. 12/1/2018.Amended by 2017 N.C. Sess. Laws 195,s. 1, eff. 12/1/2017.Amended by 2015 N.C. Sess. Laws 264,s. 5, eff. 10/1/2015.Amended by 2015 N.C. Sess. Laws 40,s. 3, eff. 12/1/2015.Amended by 2015 N.C. Sess. Laws 247,s. 8, eff. 9/23/2015.Amended by 2014 N.C. Sess. Laws 115,s. 27-a, eff. 12/1/2014 (repealed by 2014 N.C. Sess. Laws 100,s. 17.1-ffff).Amended by 2014 N.C. Sess. Laws 100,s. 17.1-gggg, eff. 12/1/2014.Amended by 2014 N.C. Sess. Laws 100,s. 17.1-eeee, eff. 7/1/2014.Amended by 2013 N.C. Sess. Laws 368,s. 12, eff. 10/1/2013.Amended by 2011 N.C. Sess. Laws 145,s. 19.1-h, eff. 1/1/2012.Amended by 2010 N.C. Sess. Laws 174,s. 7, eff. 10/1/2010.Added by 2009 N.C. Sess. Laws 510,s. 1, eff. 10/1/2010.