North Carolina Expungement Law – Update
Under current North Carolina law, expungement is available only for misdemeanor larceny and misdemeanor offenses committed prior to age eighteen, except for misdemeanor possession of alcohol or drugs. See N.C. Gen. Stat. Â§Â§15A-145 to -146.Â In North Carolina, an individual is only entitled to one expungement in their lifetime.
In the 2009-2010 legislative session, there wereÂ bills introduced that would have allowed for the expungement of certain non-violent felonies after a period of time. Although none of these bills passed, it did demonstrate a movement in the direction of changing current expungement laws.
The new laws, effective October 1, 2010, allow for the removal of records from Division of Motor Vehicles, Department of Correction, and any State or local agency identified by the petition as bearing record of offense that has been expunged as well the sheriff, chief of police or other arresting agency. The new laws also provide for civil liability for private entities that hold themselves to be in the business of compiling and disseminating criminal history record information for compensation that do not delete information that they were notified to delete. The private entity that disseminates the information in violation of this statute is liable for any damages that are sustained as a result of the violation. The statute also covers recovery of court costs and reasonable attorneysâ€™ fees.