Fill and Sign the Instructions for Petition and Order of Expunction under Gs 15a Form

INSTRUCTIONS FOR PETITION AND ORDER OF EXPUNCTION UNDER G.S. 15A-145.2(DRUGS/DRUG PARAPHERNALIA)FORM AOC-CR-266, Rev. 12/17 The procedure for completion of the AOC-CR-266, Petition And Order Of Expunction Under G.S. 15A-145.2, and obtaining a hearing on the petition is as follows: 1. Print clearly and legibly, using only black ink. If you wish to submit a typed petition, the form is available electronically on the NCAOC’s website at www.nccourts.org/Forms/FormSearch.asp . In the “Form Number” �eld, enter the number of the petition, AOC-CR-266. Searching by the form number will provide you with a link to a �llable PDF version of the form. 2. For petitions under G.S. 15A-145.2(a) or (c), no order should be entered until this form has been completed by the petitioner, a judge, the State Bureau of Investigation (SBI), and the Administrative Of�ce of the Courts (NCAOC) and has been returned to the clerk of superior court as explained below. For petitions under G.S. 15A-145.2(b), reports from the SBI and NCAOC are not required and should not be requested, so the clerk should schedule a hearing on the petition upon �ling and payment of the fee described below. 3. The petitioner or attorney should complete all offense information on Side One of the form from the court �le. Please pay special attention to correctly identifying the arresting agency(ies) and any other State or local agency that has a record of the case. Do not list the courts, the State Bureau of Investigation, the Department of Public Safety, or the Division of Motor Vehicles; if the order is granted, those agencies will be noti�ed automatically. Do not list any private entity, like a company that provides criminal background checks. The clerk will not send a copy of the order to any entity that is not an agency of the State of North Carolina or one of its local governments. A private entity required to expunge records will be noti�ed directly by the State or local agencies that distribute criminal justice information to that entity. 4. Complete and sign the petition. If seeking an expunction under G.S. 15A-145.2(a), attach the af�davits required by that subsection. The af�davits are listed in No. 14 below. ( NOTE: There are no NCAOC forms for these af�davits. ) 5. If seeking an expunction under G.S. 15A-145.2(a) or (c), follow the clerk’s instructions for obtaining a judge’s signature on the “Request By Judge” and for forwarding the petition to the SBI. If seeking an expunction under G.S. 15A-145.2(b), request that the clerk schedule the petition for hearing. 6. For petitions under G.S. 15A-145.2(a) or (c), the SBI will complete the Criminal History Record Information and forward it to the NCAOC. 7. The NCAOC will complete the record and mail it to the clerk in the county where the expunction is pending. 8. The clerk places the sealed envelope in the �le, to be opened by the presiding judge when the application is heard. 9. It is the responsibility of the petitioner to determine when the AOC-CR-266 has been returned and to ask the clerk or DA to schedule the petition for hearing. 10. For expungements under G.S. 15A-145.2, a fee of $175.00 must be paid to the clerk prior to the petition being heard. 11. If an order of expunction is entered, the clerk makes copies of the order, completes “Certi�cation By Clerk” on each copy, and sends certi�ed copies to the petitioner, the State Bureau of Investigation, the Department of Public Safety, the Division of Motor Vehicles, the arresting agency and any other State or local government agency identi�ed on the petition, and the NCAOC. NOTE:Thepetitionershouldobtainacerti�edcopyofthe�nalorderfromtheclerk.Ifyoumove,youmustnotifytheclerk inwritingofyourchangeofaddressinordertoreceiveacerti�edcopy.Afterthecaseisexpunged,theclerkwillhavenorecordofthecaseandwillbeunabletoprovideanydocumentationofthecase.Thisincludestheexpunctionorder;itwillbedestroyedwiththecase�le. 12. The clerk retains the original order of expunction to be disposed of with the papers in this case. 13. If the petition is denied, the clerk will retain the original of the denied petition, but any information from the SBI or NCAOC shall be destroyed, unless the court orders otherwise. 14. List of required af�davits for an expungement under G.S. 15A-145.2(a): (1) An af�davit by the petitioner that he or she has been of good behavior during the period of probation since the decision to defer further proceedings on the offense in question and has not been convicted of any felony or misdemeanor other than a traf�c violation under the laws of the United States or the laws of this State or any other state; and (2) Veri�ed af�davits by two persons who are not related to the petitioner or to each other by blood or marriage, that they know the character and reputation of the petitioner in the community in which he or she lives, and that the petitioner’s character and reputation are good. NOTE TO PETITIONER: The expunction of your case information from the records of the court and of other State and local government agencies does not guarantee that the information will be expunged from all other sources. Private companies routinely acquire copies of criminal records from State and local criminal justice agencies. Certain private entities are required to expunge your case information upon receiving notice of the expunction order, but there may be a delay between entry of the order of expunction and deletion from the entity’s records. Further, that duty to expunge does not apply to all private entities. If a private entity distributes information about your expunged case, contact the private entity to determine which government agency was the source of the information, and then contact that government agency to determine whether or not the expunction order was received. If the private entity claims that the NCAOC was the source of the information, contact the NCAOC’s Remote Public Access of�ce at rpa@nccourts.org or (919) 890-2220 to investigate the entity’s claim. AOC-CR-266 Instructions, Rev. 12/17, © 2017 Administrative Of�ce of the Courts