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NC S233
Bill
AI Summary
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Expands grounds for automatic record expunction to include cases of mistaken identity, in addition to existing identity theft provisions under G.S. 15A-147.
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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.
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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.
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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.
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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