GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	2
SENATE BILL 262
Judiciary I Committee Substitute Adopted 4/18/01

 

Short Title:	Expunge Improper Crim. Charge/Identity Fraud.	()	
Sponsors:	     	
Referred to:	     	
February 27, 2001

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT A PERSON improperly CHARGED WITH A CRIMINAL OFFENSE as a result OF IDENTITY FRAUD MAY HAVE HIS OR HER RECORD EXPUNGED.

The General Assembly of North Carolina enacts:
SECTION 1.  Article 5 of Chapter 15A is amended by adding a new section to read:
"§ 15A-147.  Expunction of records when charges are dismissed or there are findings of not guilty as a result of identity fraud.
(a)	If any person is named in a charge for an infraction or a crime, either a misdemeanor or a felony, as a result of another person using the identifying information of the named person to commit a crime and the charge against the named person is dismissed, or a finding of not guilty is entered, the named person may apply by petition or written motion to the court where the charge was last pending on a form approved by the Administrative Office of the Courts supplied by the clerk of court for an order to expunge from all official records any entries relating to the person's apprehension, charge, or trial. The court, after notice to the district attorney, shall hold a hearing on the motion or petition and, upon finding that the person's identity was used without permission and the charges were dismissed or the person was found not guilty, the court shall order the expunction.
(b)	No person as to whom such an order has been entered under this section shall be held thereafter under any provision of any law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of the person's failure to recite or acknowledge any expunged entries concerning apprehension, charge, or trial.
(c)	The court may also order that the said entries shall be expunged from the records of the court, and direct all law enforcement agencies, the Division of Motor Vehicles or any other State or local government agencies bearing record of the same to expunge their records of the entries. The clerk shall forward a certified copy of the order to the sheriff, chief of police, or other charging agency; and when applicable, to the Division of Motor Vehicles and any other State or local agency. The sheriff, chief or head of such other charging agency shall then transmit the copy of the order with the form supplied by the State Bureau of Investigation to the State Bureau of Investigation, and the State Bureau of Investigation shall forward the order to the Federal Bureau of Investigation. Upon receipt of a certified copy of the order, the agency must purge its records as required by this section. The costs of expunging these records shall not be taxed against the petitioner. 
(d)	The Division of Motor Vehicles shall expunge from its records entries made as a result of the charge or conviction ordered expunged under this section. The Division of Motor Vehicles shall also reverse any administrative actions taken against a person whose record is expunged under this section as a result of the charges or convictions expunged, including the assessment of drivers license points and drivers license suspension or revocation. Notwithstanding any other provision of this Chapter, the Division of Motor Vehicles shall provide to the person whose motor vehicle record is expunged under this section a certified corrected driver history at no cost and shall reinstate at no cost any drivers license suspended or revoked as a result of a charge or conviction expunged under this section.
(e)	Any other applicable State or local government agency shall expunge from its records entries made as a result of the charge or conviction ordered expunged under this section. The agency shall also reverse any administrative actions taken against a person whose record is expunged under this section as a result of the charges or convictions expunged. Notwithstanding any other provision of law, the normal fee for any reinstatement of a license or privilege resulting under this section shall be waived.
(f)	Any insurance company that charged any additional premium based on insurance points assessed against a policyholder as a result of a charge or conviction that was expunged under this section shall refund those premiums to the policyholder upon notification of the expungement."
SECTION 2.  This act becomes effective October 1, 2001, and applies to charges filed before, on, or after the effective date.