North Carolina General Statutes
Article 5 - Expunction of Records.
§ 15A-145.8 - Expunction of records when charges are remanded to district court for juvenile adjudication.

15A-145.8. Expunction of records when charges are remanded to district court for juvenile adjudication.
(a) Upon remand pursuant to G.S. 7B-2200.5(d), the court shall order expunction of all remanded charges. 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 or her failure to recite or acknowledge any expunged entries concerning apprehension or trial.
(b) The court shall also order the expunction of DNA records when the person's charges have been remanded to district court for juvenile adjudication 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 charges that were remanded. 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 (c) of this section.
(c) Upon receiving an order of expungement entered pursuant to subsection (b) of this section, the North Carolina State Crime Laboratory shall purge the DNA record and all other identifying information from the State DNA Database and the DNA sample stored in the State DNA Databank covered by the order, except that the order shall not apply to other offenses committed by the individual that qualify for inclusion in the State DNA Database and the State DNA Databank. A letter documenting expungement of the DNA record and destruction of the DNA sample shall be sent by the North Carolina State Crime Laboratory to the defendant and the defendant's attorney at the address specified by the court in the order of expungement.
(d) Upon order of expungement, the clerk shall send a certified copy of the expungement order to the defendant, the defendant's attorney, the Administrative Office of the Courts, and the State and local agencies listed in G.S. 15A-150(b). An agency receiving a certified copy of an order under this subsection shall delete any public records made as a result of the charges that have been remanded to district court for juvenile adjudication, in accordance with G.S. 15A-150. Any records related to the juvenile adjudication shall not be deleted but shall be maintained as confidential records pursuant to Article 30 of Chapter 7B of the General Statutes. (2019-186, s. 11; 2019-243, s. 21(a).)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 15A - Criminal Procedure Act

Article 5 - Expunction of Records.

§ 15A-145 - (Effective until January 1, 2023) Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors.

§ 15A-145.1 - (Effective until January 1, 2023) Expunction of records for first offenders under the age of 18 at the time of conviction of certain gang offenses.

§ 15A-145.2 - (Effective until January 1, 2023) Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses.

§ 15A-145.3 - Expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses.

§ 15A-145.4 - Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony.

§ 15A-145.5 - Expunction of certain misdemeanors and felonies; no age limitation.

§ 15A-145.6 - Expunctions for certain defendants convicted of prostitution.

§ 15A-145.7 - (Effective until January 1, 2023) Expunction of records for first offenders under 20 years of age at the time of the offense of certain offenses.

§ 15A-145.8 - Expunction of records when charges are remanded to district court for juvenile adjudication.

§ 15A-145.8A - Expunction of records for offenders under the age of 18 at the time of commission of certain misdemeanors and felonies upon completion of the sentence[Effective until January 1, 2023]

§ 15A-145.9 - Expunctions of certain offenses committed by human trafficking victims.

§ 15A-146 - (Effective until January 1, 2023) Expunction of records when charges are dismissed or there are findings of not guilty.

§ 15A-147 - (Effective until January 1, 2023) Expunction of records when charges are dismissed or there are findings of not guilty as a result of identity theft or mistaken identity.

§ 15A-148 - Expunction of DNA records when charges are dismissed on appeal or pardon of innocence is granted.

§ 15A-149 - (Effective until January 1, 2023) Expunction of records when pardon of innocence is granted.

§ 15A-150 - Notification requirements.

§ 15A-151 - Confidential agency files; exceptions to expunction.

§ 15A-151.5 - Prosecutor access to expunged files.

§ 15A-152 - Civil liability for dissemination of certain criminal history information.

§ 15A-153 - Effect of expunction; prohibited practices by employers, educational institutions, agencies of State and local governments.

§ 15A-160 - Reporting requirement.