{
  "id": 4177836,
  "name": "STATE OF NORTH CAROLINA v. WADE DWAYNE FRAZIER",
  "name_abbreviation": "State v. Frazier",
  "decision_date": "2010-08-03",
  "docket_number": "No. COA10-19",
  "first_page": "306",
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    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
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    "name_long": "North Carolina",
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      "cite": "N.C. Gen. Stat. \u00a7 14-50.30",
      "category": "laws:leg_statute",
      "reporter": "N.C. Gen. Stat.",
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  "provenance": {
    "date_added": "2019-08-29",
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  "casebody": {
    "judges": [
      "Chief Judge MARTIN and Judge BRYANT concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. WADE DWAYNE FRAZIER"
    ],
    "opinions": [
      {
        "text": "ELMORE, Judge.\nAt issue is a 2009 order of expungement of Wade Dwayne Frazier\u2019s (defendant) 1998 charge of accessory after the fact to murder. We hold that the order of expungement was granted in error and reverse' the order; the charge will remain on defendant\u2019s record.\nOn 16 February 1998, defendant, as a 16-year-old, pled guilty to the felony offense of accessory after the fact to murder. On 25 March 2009, defendant filed a petition pursuant to Session Law 2008-214. At the time defendant filed his petition, Session Law 2008-214 established that N.C. Gen. Stat. \u00a7 14-50.30(a) would read, in pertinent part:\nWhenever any person who has not yet attained the age of 18 years and has not previously been convicted of any felony or misdemeanor other than a traffic violation under the laws of the United States or the laws of this state or any other state, pleads guilty to or is guilty of (i) a Class H felony under this Article or (ii) an enhanced offense under G.S. 14-50.22, the person may file a petition in the court where the person was convicted for expunction of the offense from the person\u2019s criminal record.\n2008 N.C. Sess. 2008-214, \u00a7 3. On the same date that the petition was filed, it was heard by the Honorable Russell J. Lanier in Craven County Superior Court, who entered an order to expunge defendant\u2019s criminal conviction, ruling that defendant met the required qualifications of N.C. Gen. Stat. 14-50.30(a). On 21 August 2009, defendant filed a motion to enforce Judge Lanier\u2019s order of expungement. On 24 August 2009, the State filed a motion to reconsider the order granting expungement.\nOn 16 September 2009, the Honorable John E. Nobles, Jr., heard both motions. He denied the State\u2019s motion to reconsider and granted defendant\u2019s motion to enforce Judge Lanier\u2019s order to expunge. He ordered the State Bureau of Investigation, Criminal Information and Identification Section, to comply with the 25 March 2009 order, which required the expungement of the charge from the records of the court and law enforcement agencies, including the State and Federal Bureaus of Investigation. The State filed a petition for Writ of Certiorari on 7 October 2009, which we granted.\nThe trial court erred by misapplying the expungement statute. The expungement statute in question is part of the North Carolina Street Gang Suppression Act, which codified Article 13A, and explicitly states that the \u201cact becomes effective December 1, 2008, and applies to offenses committed on or after that date.\u201d 2008 N.C. Sess. 2008-214, \u00a7 6. As defendant\u2019s original offense date was 6 February 1995, the offense occurred well before 1 December 2008. Therefore, there was no statutory basis for the trial court\u2019s granting defendant\u2019s petition for expungement.\nBecause defendant\u2019s original charge of accessory after the fact to murder occurred before the effective date of N.C. Gen. Stat. \u00a7 14-50.30 as it existed at the time defendant petitioned for expungement, the Craven County Superior Court lacked statutory authority to expunge the charge from defendant\u2019s record. As such, we reverse the order to expunge, and we remand for further proceedings.\nReversed and remanded.\nChief Judge MARTIN and Judge BRYANT concur.\n. We note that the General Assembly later amended the North Carolina Street Gang Suppression Act, effective 1 December 2009, so that its provisions \u201cappl[y] to petitions for expunctions filed on or after\u201d 1 December 2009. 2009 N.C. Sess. 2009-577, \u00a7 11 (emphasis added).",
        "type": "majority",
        "author": "ELMORE, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Roy Cooper, by Assistant Attorney General E. Michael Heavner, for the State.",
      "Chesnutt, Clemmons, Peacock & Long, P.A., by Steven N. Long, for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. WADE DWAYNE FRAZIER\nNo. COA10-19\n(Filed 3 August 2010)\nCriminal Law\u2014 expungement \u2014 effective date of statute\nAn order of expungement was reversed where the offense occurred well before the effective date of the expungement statute.\nAppeal by the State from order entered 30 September 2009 by Judge John E. Nobles, Jr., in Craven County Superior Court. Heard in the Court of Appeals 24 May 2010.\nAttorney General Roy Cooper, by Assistant Attorney General E. Michael Heavner, for the State.\nChesnutt, Clemmons, Peacock & Long, P.A., by Steven N. Long, for defendant."
  },
  "file_name": "0306-01",
  "first_page_order": 330,
  "last_page_order": 332
}