The above captioned matter was heard as a contested case on April 24, 1978, at which time the complainant and the respondent appeared and presented evidence and argument on the complaint.

     After consideration of the entire record, the following facts are found:

     1.  The respondents are public agencies within the meaning of §1-18a(a), G.S.

     2.  By letter dated January 24, 1978, the complainant requested copies of records, photos or files indexed under his name by the respondent police department.

     3.  The respondent police department failed to answer the letter.

     4.  By letter filed with this Commission February 24, 1978, the complainant appealed to this Commission pursuant to the pro­visions of the Freedom of Information Act.

     5.  The respondent police department alleged that the requested records have been erased by operation of law in accordance with §54-90, G.S.

     6.  §54-90, G.S., provides in relevant part that where charges against an individual have been nolled or where an individual has been acquitted of charges and those charges are the subject of police records, the aforesaid records are erased by operation of law. Where such charges have been nolled, the "erasure" takes place thirteen months from the date the charges were nolled.

     7.  The respondent has no records concerning the complainant which have not been erased by operation of law in accordance with §54-90, G.S.

     8.  It is concluded, therefore, that the records of respondent which concern the complainant are exempt from disclosure under §1-19(a) and §1-19(b)(10), G.S., which provide that records which are exempted from disclosure by state statute are not subject to the disclosure requirements set forth at §1-15 and §1-19(a), G.S.

     The following order by the Commission is hereby recommended on the basis of the record concerning the above captioned complaint:

     1.  The complaint is hereby dismissed.

     Approved by order of the Freedom of Information Commission on June 28, 1978.