A BILL TO BE ENTITLED
AN ACT to provide for the automatic expunction of certain records of a person when the charge or charges against the person are dismissed or there are findings of not guilty.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 15A‑146 reads as rewritten:
"§ 15A‑146.  Expunction of records when charges are dismissed or there are findings of not guilty.
(a)	If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction under G.S. 18B‑302(i) prior to December 1, 1999, and the charge is dismissed, the prosecutor or other judicial officer who ordered the dismissal shall provide notice of the dismissal to the court and the court shall order the expunction. No person as to whom such an order has been entered 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 his failure to recite or acknowledge any expunged entries concerning apprehension or trial.
(a1)	Notwithstanding subsection (a) of this section, if a person is charged with multiple offenses and the charges are dismissed, then the prosecutor or other judicial officer who ordered the dismissal shall provide notice of the dismissal to the court and the court shall order the expunction of each charge.
(a2)	If any person is charged with a crime, either a misdemeanor or a felony, or an infraction under G.S. 18B‑302(i) prior to December 1, 1999, and a finding of not guilty or not responsible is entered, the court that entered the finding shall order the expunction from all official records any entries relating to apprehension or trial of that crime. No person as to whom such an order has been entered 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 failure to recite or acknowledge any expunged entries concerning that crime. If a person is charged with multiple offenses and findings of not guilty or not responsible are made on charges, then the court that entered the findings shall order the expunction from all official records any entries relating to apprehension or trial of those crimes.
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(b1)	The court shall also order the expunction of DNA records when the person's case has been dismissed by the trial court and the person's DNA record or profile has been included in the State DNA Database and the person's DNA sample is stored in the State DNA Databank as a result of the case that was dismissed. The order of expungement shall include the name and address of the defendant and the defendant's attorney and shall direct the North Carolina State Crime Laboratory to send a letter documenting expungement as required by subsection (b2) of this section.
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(c)	Upon order of expungement, the clerk shall notify State and local agencies of the court's order as provided in G.S. 15A‑150 and forward the order to the Administrative Office of the Courts.
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SECTION 2.  G.S. 15A‑151.5 reads as rewritten:
"§ 15A‑151.5.  Prosecutor access to expunged files.
(a)	Notwithstanding any other provision of this Article, the Administrative Office of the Courts shall make all confidential files maintained under G.S. 15A‑151 electronically available to all prosecutors of this State if the criminal record was expunged on or after July 1, 2018, under any of the following:
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(7)	G.S. 15A‑145.6. Expunctions for certain defendants convicted of prostitution.

(10)	G.S. 15A‑146. Expunction of records when charges are dismissed or there are findings of not guilty.
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SECTION 3.  The Administrative Office of the Courts shall revise or establish any forms necessary to implement the provisions of G.S. 15A‑146, as amended by Section 1 of this act.
SECTION 4.  Section 1 of this act becomes effective December 1, 2019, and applies to dismissals ordered and findings entered on or after that date. Section 2 of this act becomes effective December 1, 2019, and applies to criminal records expunged on or after that date. The remainder of this act becomes effective December 1, 2019.