§ 7B-324. Persons ineligible to request expunction; stay of expunction proceeding pending juvenile court case.
§ 7B‑324. Personsineligible to request expunction; stay of expunction proceeding pendingjuvenile court case.
(a) Any individual whohas been identified as a responsible individual in an abuse or serious neglectcase is not entitled to challenge the placement of the individual's name on theresponsible individuals list if any of the following apply:
(1) The individual iscriminally convicted as a result of the same incident. The district attorneyshall inform the director of the result of the criminal proceeding, and thedirector shall immediately notify the Department of Health and Human Services.The Department shall consider this information when determining whether theindividual's name should remain on or be expunged from the responsibleindividuals list.
(2) The individual is arespondent in a juvenile court proceeding regarding abuse or neglect resultingfrom the same incident. The director shall immediately notify the Department ofHealth and Human Services. The Department shall consider this information whendetermining whether the individual's name should remain on or be expunged fromthe responsible individuals list.
(3) That individualfails to make a timely request for expunction with the director who made thedetermination of abuse or serious neglect and identified the individual as aresponsible individual.
(4) That individualfails to file a petition for expunction with the district court in a timelymanner.
(5) That individualfails to keep the county department of social services informed of theindividual's current address during any request for expunction so that theindividual may receive notification of the director's decisions.
(b) If, prior to orduring any proceeding provided for in this section, an individual seekingexpunction is named as a respondent in a juvenile court case resulting from thesame incident, the director, the district attorney, the district court judge,or the Court of Appeals shall stay any further proceedings for the expunctionof that individual's name from the responsible individuals list until thejuvenile court case is concluded or dismissed. If a juvenile court caseresulting from the same determination of abuse or serious neglect is dismissed,or concludes without an adjudication of abuse or neglect, or with anadjudication that differs from the prior determination, the director shallnotify the Department of Health and Human Services to expunge the individual'sname from the responsible individuals list or modify the prior decision of thedirector accordingly. (2005‑399, s. 3.)