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Petition And Order Of Expunction Identity Theft CR-263 - North Carolina
| Petition And Order Of Expunction Identity Theft Form. This is a North Carolina form and can be used in Criminal Statewide . |
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STATE OF NORTH CAROLINA County Name And Address Of Petitioner File No. Microfilm No(s). (Official Use Only) In The General Court Of Justice District Superior Court Division STATE VERSUS PETITION AND ORDER OF EXPUNCTION/ IDENTITY THEFT G.S. 15A-147, 15A-150 Name And Address Of Petitioner's Attorney For Expunction Petition Sex Drivers License No. Date Of Birth State Race Full Social Security No. NOTE TO PETITIONER: List the arresting agency and any State or local government agency that has a record of your case. You must provide complete information for each agency. The clerk of superior court will send a copy of this order, if granted, to the agency name(s) and address(es) provided below. The clerk will not provide addresses for you. Do not list the courts, the Division of Adult Correction or the Division of Motor Vehicles; if the order is granted, those agencies will be notified automatically. Do not list any private entity, like a company that provides criminal background checks. The clerk will not send a copy of this 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 notified directly by the State or local agencies that distribute criminal justice information to that entity. Name And Address Of Arresting Agency Name And Address Of Other Agency (if any) Name And Address Of Other Agency (if any) Check here to indicate that additional agencies are identified on an attachment to this petition. NOTE: The attachment must include the county, file number(s), the name of the petitioner, and a statement that it is a list of additional agencies with a record of the case(s) to be expunged. File No(s). Offense Description Date Of Offense Disposition PETITION/MOTION TO EXPUNGE I certify as follows: 1. I was named in a charge for an infraction, a misdemeanor, or a felony, the file number(s) for which is/are set out above. 2. I was named in a charge for the offense(s) listed above as a result of another person using my identifying information without my permission. 3. The Court in this matter dismissed the charge(s), entered a finding of not guilty on the charge(s), or set aside the conviction(s) on the charge(s) listed above. 4. I have served a copy of this petition on the district attorney and the information set forth above is a complete and accurate statement of the information on file in the office of the clerk of superior court. Therefore, pursuant to G.S. 15A-147, I hereby move the Court to order the expunction of all entries relating to my apprehension, charge or trial from all from all official records of the General Court of Justice, all law enforcement agencies, the Division of Adult Correction, the Division of Motor Vehicles, and any other State or local government agency identified above. Date Name (Type Or Print) Signature Petitioner Petitioner's Attorney CERTIFICATE OF SERVICE I certify that a copy of this motion was served by: delivering a copy personally to the district attorney. depositing a copy enclosed in a postpaid properly addressed envelope in a post office or official depository under the exclusive care and custody of the U.S. Postal Service directed to the district attorney. leaving a copy at the office of the district attorney with an associate or employee. Date Served Name Of Person With Whom Copy Left (Type Or Print) Signature Of Person Serving Service accepted by the district attorney. Date Service Accepted Name Of Person Accepting Service (Type Or Print) Signature Of Person Accepting Service AOC-CR-263, Rev. 1/12 © 2012 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkFlow.com FINDINGS OF FACT After notice to the district attorney and a hearing on the petition/motion, the Court makes the following findings of fact: 1. The identity of the petitioner was used without the permission of the petitioner and this use resulted in the charge(s) against the petitioner shown on the reverse. 2. The charge(s) against the petitioner in this matter was/were dismissed, or the Court entered a finding of not guilty on the charge(s), or the Court set aside the conviction(s) on the charge(s). ORDER Therefore, the Court hereby ORDERS: 1. The petition is granted. a. Any and all entries relating to the petitioner's apprehension, charge or trial shall be expunged from all official records of the court. b. All law enforcement agencies, the Division of Adult Correction, the Division of Motor Vehicles, and any other State or local government agency identified on Side One and on any attachment to this petition are hereby directed to expunge from all official records any entries relating to the person's apprehension, charge, or trial. c. The Division of Motor Vehicles shall reverse any administrative actions taken against the petitioner as a result of each charge or conviction hereby expunged, including the assessment of drivers license points and any drivers license suspension or revocation. Further, the Division of Motor Vehicles shall provide to the petitioner a certified corrected driver history at no cost and reinstate at no cost any drivers license suspended or revoked as a result of each charge or conviction hereby expunged. d. The Division of Adult Correction and any other applicable State or local government agency shall reverse any administrative actions taken against the petitioner as a result of the charges or convictions expunged. The normal fee for any reinstatement of a license or privilege resulting from this action shall be waived. e. Any insurance company that charged any additional premium based on insurance points assessed against a policyholder as a result of a charge or conviction that was expunged shall refund those additional premiums to the policyholder upon notification of the expungement. f. The costs of expunging records in compliance with this Order shall not be taxed against the petitioner. 2. Because the Court does not find both Findings of Fact Nos. 1 and 2, above, the petition is denied. NOTE TO CLERK: If denied, file this Order in the case file. Upon expiration of the deadline for appeal from a denial of this Order, destroy any documentation provided with the petition, such as a criminal history report and any AOC report of prior expunctions. Name of Presiding Judge (Type Or Print) Signature Of Presiding Judge Date NOTICE If this petition is granted, G.S. 15A-147 provides that the petitioner shall not be held hereafter under
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