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NC S233

Bill

Status

Passed

8/6/2015

Primary Sponsor

Floyd McKissick

Click for details

Origin

Senate

2015-2016 Session

AI Summary

  • Expands grounds for automatic record expunction to include cases of mistaken identity, in addition to existing identity theft provisions under G.S. 15A-147.

  • Establishes automatic expunction when charges are dismissed due to mistaken identity, requiring prosecutors to notify the court which then orders expunction without requiring a petition from the defendant.

  • Defines "mistaken identity" as erroneous arrest resulting from witness or law enforcement misidentification, confusion about identity, misinformation about the suspect's identity, or other law enforcement mistakes.

  • Requires courts to order expunction of records from all agencies including law enforcement, the Division of Adult Correction, Division of Motor Vehicles, and other state/local agencies; mandates reversal of administrative actions such as license suspensions and insurance premium refunds.

  • Becomes effective December 1, 2015, and applies to charges filed on or after that date.

Legislative Description

Automatic Expunction/Mistaken Identity

Last Action

Ch. SL 2015-202

8/6/2015

Committee Referrals

Judiciary II4/16/2015
Judiciary I3/23/2015
Rules and Operations of the Senate3/11/2015

Full Bill Text

No bill text available