NC H571

Creates automatic expunction of records for persons wrongfully convicted and later exonerated through appeal, motion for appropriate relief, writ of habeas corpus, or Article 92 innocence determination.

Reviewing court that determines wrongful conviction and orders discharge from prison shall automatically enter expunction order without requiring petition; persons exonerated prior to December 1, 2017 may petition for expunction.

Expunction order requires removal of all arrest, charge, and trial records from courts, law enforcement, Department of Public Safety, State Bureau of Investigation, Division of Motor Vehicles, and other identified agencies; records sent to Administrative Office of Courts under seal, releasable only by Superior Court Judge order for exceptional circumstances.

Exonerated persons shall not be guilty of perjury or false statements for failing to acknowledge expunged entries and are entitled to state-funded counsel and waived legal fees or court costs for expunction proceedings regardless of financial status.

Effective December 1, 2017, and applies to exonerations on or after that date; individuals exonerated before that date may petition for expunction.