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NC H132

Bill

Status

Introduced

2/20/2019

Primary Sponsor

Marcia Morey

Click for details

Origin

House of Representatives

2019-2020 Session

AI Summary

  • Prosecutor or judicial officer ordering a dismissal must provide notice to the court, which shall automatically order expunction of records relating to apprehension or trial without requiring a hearing or petition in most cases.

  • Court automatically orders expunction when a finding of not guilty or not responsible is entered, eliminating the requirement for the person to petition the court.

  • Expunged records apply to both single and multiple charges, with automatic expunction of each dismissed charge or each charge resulting in not guilty findings.

  • DNA records and samples stored in the State DNA Database are automatically expunged when a case is dismissed, with the State Crime Laboratory directed to send documentation of expungement.

  • Effective December 1, 2019 for dismissals ordered and findings entered on or after that date.

Legislative Description

Dismissal or Not Guilty/Automatic Expunction

Last Action

Ref to the Com on Judiciary, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

2/21/2019

Committee Referrals

Judiciary2/21/2019

Full Bill Text

No bill text available