New NC Law to Protect Identity Theft and Mistaken Identity Victims

Governor Pat McCrory signed S.B. 233 into law at the end of last week. The law will provide for the automatic expunction of certain records of a person when the charge or charges against the person are dismissed as a result of identity theft or mistaken identity. Although similar legislation has been passed and introduced in other states, North Carolina is the first state to sign the legislation into law.  Governor McCrory said. "I hope other governors across the nation will follow our lead to defend the rights of those wrongfully charged with committing a crime." Under current law, North Carolina will expunge certain offenses from a person’s criminal record in cases of identity theft. S.B. 233 goes a step further and includes “mistaken identity” as well. This applies when a mistake has been made in identifying who committed the crime, or when a witness or law enforcement officer has been given misinformation on the person who committed the crime.