Removing Arrest Records In The Tar Heel State
Removing mugshots in North Carolina can be cumbersome since the state currently does not have any active legislation on the books currently to assist NC residents. As it stands the major websites like mugshots.zone. wakencmugshots, arrest.org, bustednewspaper are able to publish mugshots online without regard to any penalties or fines.
As the 9th most populous state governed by Roy Cooper (D) there is a strong possibility that he will sign legislation into law to protect NC residents for being shamed by booking photos published online. There is a bill in the works sponsored by Moffit; Lowe; Johnson; Hanig and Lee that is gaining traction in Raleigh.
North Carolina Mugshot Legislation
As stated earlier North Carolina currently has new pending mugshot legislation on the books for mugshot removal, Senate Bill 104 titled Booking Photograph Privacy Act is pending in the North Carolina Legistature in the NC Senate General Assembly.
Currently referred to the Rules and Operations of the Senate, A bill to be entitled an Act To Prohibit The Release Of Booking Photographs: Seeks Notwithstanding any other provisions of law prohibits law enforcement agencies from publishing, distributing, or releasing booking photographs unless the booking photograph is a record of criminal investigation related to a missing person. Another provision would allow a court of competent jurisdiction to order the release of a booking photograph when the disclosure is actually necessary for immediate law enforcement needs.
Free Removal Analysis (813) 421-8334
Another proposed solution is to allow the setup of a CAPTCHA on the state mugshot database in order to prevent the automated retrieval of mugshots from databases. Wake County’s mugshot database originated to help alleviate the numerous requests that were received from news organizations that publish mugshot galleries online. The number of news organizations that still publish mugshots online has dramatically declined so the need for the database has diminished.
It has also been proposed that the arresting agencies handle the distribution of mugshot photos as legally required so that the database is not needed. Then mugshots would be distributed only as needed for law enforcement purposes like searching for a suspect, complying with discovery requests, court orders, and criminal proceedings as mentioned in Senate Bill 104.
North Carolina: Remove Mugshots With An Expunction
In some other states, the term for the process is “expungement.” In North Carolina, it’s “expunction.”
Expungement is the process of erasing an arrest record. Typically, this is the result of a person being arrested, but the DA never tried you in court. You can expunge your record if your legal proceedings resulted in a dismissal or if you were found not guilty. If you went to trial and a jury found you not guilty, your record can be expunged
Expungement is much easier to document in North Carolina than in other states, which is why it is the preferred destination for most people with a record.
Get Proof Of Dismissal.
The Current Mugshot Removal Law – provides assistance to those with an Expunction:
Notice of Record Removal. – Prior to filing an action under this section, a person who is the subject of a record that has been expunged may request a notice of record removal of the expunction and subsequent notification to private entities as required by G.S. 15A-150(d) from an agency required under G.S. 15A-150 to expunge that person’s record who maintains a licensing agreement to provide record information to a private entity. The application must include a sworn affidavit attesting, under penalty of perjury, that the applicant is the person who was the subject of the record in question and identifying the specific case expunged. A notary or official taking an acknowledgment, oath, or affirmation of an applicant’s affidavit under this subsection may not disclose the nature or content of the application, except as required in a court action related to the application. Unless made part of the record of a subsequent court proceeding, a notice of record removal and an application for the notice are not public records under G.S. 132-1. State and local agencies may establish procedures pertaining to the application for and issuance of notices of record removal. (2009-510, s. 1; 2010-174, s. 9.)
North Carolina law enforcement takes photos of citizens when they are arrested and detained. The Tarheel State Administrative Office of the Courts (AOC) has a centralized database containing images of every person arrested in the state. The AOC website allows citizens to search their criminal records and have their mugshots removed. They can also request that their mugshots not be posted on the website.
It is easy to prove dismissal. The NC state AOC database (Administrative Office of the Courts), which can be accessed from the Criminal Clerk of Court in most North Carolina courts, will show the disposition of a specific case. The clerk can help you find the charge by name or item number.
If the charge has been dismissed, the letters DV or DC will appear about halfway down the screen on the left, under “PLEA VER MOD”, and the disposition will be displayed on the right. The clerk can print this out and you should send it to the company that is holding the photo hostage with an explanation.
Proof Of Expungement
DUI mugshots in North Carolina.
North Carolina Laws 2013, § 1, C.C.H. 330, § 1, has a special rule for DUI offenders with expunged records. If you have expunged records from a North Carolina court for a DUI, and your record is available online, you can request that the record be removed.
State Resouces For North Carolina Criminal Record Custody.
NC H.B. 762
Release of Booking Photographs
Prohibits the release of booking photographs.
NC S.B. 660
Regulate Dissemination of Booking Photograph
Regulates the dissemination and removal or destruction of booking photographs.
Alex Adekola is a thought leader in the reputation management industry who has targeted mugshot publishers since 2012. Alex Adekola is the longest-serving reputation and crisis management strategist and has written a book on mugshot removal. He is the creator and director of strategy at RemoveMyMugshot.org