Senate Bill 565 Summary

• Automatic expunction of dismissed charges, not guilty verdicts, and not responsible findings now occurs between 180-210 days after final disposition for cases disposed on or after December 1, 2021, with an exception that felony charges dismissed pursuant to plea agreements are excluded from automatic expunction.

• Expunged court records are retained as confidential files by county clerks according to retention schedules set by the Director of the Administrative Office of the Courts in conjunction with the State Archives, with the Administrative Office maintaining electronic copies.

• Clerks of superior court may only disclose expunged records from their own county upon request of the person or their attorney, to the district attorney's office, or to the Office of the Appellate Defender upon appointment as counsel.

• Prosecutors statewide retain electronic access to confidential files for expungements granted on or after July 1, 2018, under nine specified expunction statutes, and may use expunged convictions to calculate prior record levels, establish habitual offenses, and for other specified criminal justice purposes.

• The Administrative Office of the Courts has 365 days (extended from 180 days) to expunge all dismissed charges and not responsible findings that occurred while a temporary automatic expunction pause was in effect and are eligible under G.S. 15A-146(a4).