The temporary pause on auto expunctions for VD/NG cases has been lifted.
Per the NCAOC, auto expunctions will resume this week for counties in eCourts Tracks 7-10 (legacy/paper counties) for all VD/NG cases disposed of between August 1, 2022, and January 9, 2024.
You may recall…
Effective August 1, 2022, S.L. 2022-47 (HB 607, Various Court Changes)[ii] enacted a temporary, one-year pause of the automatic expunction of dismissed charges, not guilty verdicts, and findings of not responsible under G.S. 15A-146(a4). In 2023, the legislature subsequently extended the pause again until July 1, 2024, by S.L. 2023-103[iii]. Although ongoing legislative efforts may further affect whether and when this pause will end, automatic expunctions currently were set to resume under law on July 1, 2024.
On September 12, 2024
The NCAOC announced that during the week of September 16, 2024, (this week) they will begin processing the backlog of cases eligible for automatic expunction that accrued during the legislatively mandated pause.
The eligible cases have a final disposition between August 1, 2022, and January 9, 2024.
If you have unfiled fee apps that are eligible and within the one-year filing deadline, file those fee apps now.
This first round of processing will affect legacy (ACIS) counties in eCourts Tracks 7-10 only. Tracks 7-10 are legacy/paper counties.
| Track 7: Bladen, Brunswick, Carteret, Columbus, Craven, Duplin, Jones, New Hanover, Onslow, Pamlico, Pender, Robeson, Sampson |
| Track 8: Bertie, Edgecombe, Greene, Halifax, Hertford, Lenoir, Nash, Northampton, Pitt, Wayne, Wilson |
| Track 9: Alleghany, Ashe, Avery, Caswell, Forsyth, Madison, Mitchell, Rockingham, Stokes, Surry, Watauga, Wilkes, Yadkin, Yancey |
| Track 10: Alexander, Burke, Caldwell, Catawba, Cleveland, Davidson, Davie, Gaston, Iredell, Lincoln, McDowell, Rowan, Rutherford |
The backlog of automatic expunctions for counties in eCourts Tracks 1-6 (counties that are using eCourts) will be processed in Enterprise Justice at a later date. **More information will be provided when this process is determined.
Here’s what you need to know:
As of this week, the pause on auto expunction for VD/NG cases has been lifted. And it affects counties in eCourts Tracks 7-10 (legacy/paper counties), first.
Per statute, the records for VD/NG cases become eligible for auto expunction 180 days from the disposition date. *The NCAOC will not process these automatic expunctions until 15 additional days have passed, nor will clerks remove the files from the public record during that 15-day window of time after the cases become eligible. After 195 days have passed, the records will be purged/destroyed.
IDS Policy…
States that you have a one-year deadline from the date of the disposition to file your fee app.
HOWEVER! In practice…
If you have cases where either the charges are dismissed or where the client is found not guilty, the records will be auto expunged after day 195 from the disposition date.
Attorneys need to make sure the fee apps for eligible cases are filed well before the auto expunction can occur.
If you have done any court appointed work in the past 12 months for a county listed in eCourts Tracks 7-10, you need to file your fee apps ASAP (NOW!).
Please note that the Office of Indigent Defense Services is the messenger. We want you to be informed of how this change in state law affects you.
IDS is in communication with the NCAOC about the impact these auto expunctions will have for attorneys who are paid by IDS—both in legacy counties and in the eCourts counties (and especially those beginning to use OASIS to invoice IDS for their services).
Please do not delay filing your backlogged fee apps.
Important Notes for PAC who do Court Appointed Work:
NCAOC WILL BEGIN PURGING case files associated with all
VD/NG fee apps disposed of between August 1, 2022, and January 9, 2024, THIS WEEK!
If you have done court appointed work in any county listed
in eCourts Tracks 7-10 (legacy/paper counties) in the last 12 months, you need to file your fee apps ASAP (NOW).
Per Session law (S.L. 2022-47 and S.L. 2023-103), attorneys
must file fee apps for all recent and future cases that are eligible for
expunction within 180 days of the disposition—regardless of whether you are in
a legacy or an eCourts county. **NCAOC is further advising clerks to allow an additional 15 days to the statutory 180, before purging/destroying the case files.
After day 195, eligible files and records will be
purged/destroyed.
To minimize the risk of encountering payment issues, IDS
strongly encourages you to file all your fee apps as soon as possible after
disposition.
In addition, keep a copy of every filed fee app for your
personal records.