North Carolina Law Review

University of North Carolina School of Law

160 Ridge Road

Chapel Hill, NC 27514

Automatic (Expunctions) for the People: A Court-Initiated Expunction Right in North Carolina for Charges Not Resulting in Conviction

January 17, 2018

96 N.C. L. Rev. 573 (2018)

 

This Comment argues that North Carolina should build on this recent legislation by requiring the state to automatically expunge all charges resulting in dismissal or acquittal, rather than requiring individuals to go through the onerous and confusing process of affirmatively petitioning for relief. In order to facilitate this approach, the state should allow all North Carolinians—regardless of whether they have prior felony convictions—the right to have non-conviction charges automatically expunged from their records, thereby eliminating the remaining bar to obtaining a section 146 non- conviction expunction. 

 

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