North Carolina § 7B-3000 - Juvenile court records.

§ 7B-3000. Juvenile court records.

The clerk shall maintain a complete record of all juvenile cases filed in the clerk's office to be known as the juvenile record. The record shall include the summons and petition, any secure or nonsecure custody order, any electronic or mechanical recording of hearings, and any written motions, orders, or papers filed in the proceeding. All juvenile records shall be withheld from public inspection and, except as provided in this subsection, may be examined only by order of the court. Except as provided in subsection (c) of this section, the following persons may examine the juvenile's record and obtain copies of written parts of the record without an order of the court: The juvenile or the juvenile's attorney; The juvenile's parent, guardian, or custodian, or the authorized representative of the juvenile's parent, guardian, or custodian; The prosecutor; Court counselors; and Probation officers in the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, as provided in subsection (e1) of this section and in G.S. 15A-1341(e). The court may direct the clerk to "seal" any portion of a juvenile's record. The clerk shall secure any sealed portion of a juvenile's record in an envelope clearly marked "SEALED: MAY BE EXAMINED ONLY BY ORDER OF THE COURT", or with similar notice, and shall permit examination or copying of sealed portions of a juvenile's record only pursuant to a court order specifically authorizing inspection or copying. Any portion of a juvenile's record consisting of an electronic or mechanical recording of a hearing shall be transcribed only when notice of appeal has been timely given and shall be copied electronically or mechanically, only by order of the court. After the time for appeal has expired with no appeal having been filed, the court may enter a written order directing the clerk to destroy the recording of the hearing, or the recording may be destroyed in accordance with a retention schedule approved by the Director of the Administrative Office of the Courts and the Department of Natural and Cultural Resources under G.S. 121-5(c). Notwithstanding any other provision of law, if the defendant in a criminal proceeding involving a Class A1 misdemeanor or a felony was less than 21 years of age at the time of the offense, information obtained pursuant to subsection (b) of this section regarding the juvenile's record of an adjudication of delinquency for an offense that would be a Class A1 misdemeanor or a felony if committed by an adult, where the adjudication occurred after the defendant reached 13 years of age, may be used by law enforcement, the magistrate, the courts, and the prosecutor for pretrial release, plea negotiating decisions, and plea acceptance decisions. Information obtained regarding any juvenile record shall remain confidential and shall not be placed in any public record. When a person is subject to probation supervision under Article 82 of Chapter 15A of the General Statutes, for an offense that was committed while the person was less than 25 years of age, that person's juvenile record of an adjudication of delinquency for an offense that would be a felony if committed by an adult may be examined without a court order by the probation officer in the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice assigned to supervise the person for the purpose of assessing risk related to supervision. The juvenile's record of an adjudication of delinquency for an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult may be used in a subsequent criminal proceeding against the juvenile either under G.S. 8C-1, Rule 404(b), or to prove an aggravating factor at sentencing under G.S. 15A-1340.4(a), 15A-1340.16(d), or 15A-2000(e). The record may be so used only by order of the court in the subsequent criminal proceeding, upon motion of the prosecutor, after an in camera hearing to determine whether the record in question is admissible. Except as provided in subsection (d) of this section, a juvenile's record shall be destroyed only as authorized by G.S. 7B-3200 or by rules adopted by the Administrative Office of the Courts. Except as provided in subsection (c) of this section, the prosecutor may, in the prosecutor's discretion, share information obtained from a juvenile's record with magistrates and law enforcement officers sworn in this State, but may not allow a magistrate or law enforcement officer to photocopy any part of the record. A prosecutor shall share information with a victim only as provided in Article 20A of this Chapter and shall not allow a victim to examine or photocopy any part of the record. Each judicial district manager in the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice shall designate a staff person in each county to obtain from the clerk, at the request of the probation officer assigned to supervise the person, any juvenile records authorized to be examined under this subsection. The judicial district manager shall inform the clerk in each county, in writing, of the designated staff person in the county. The designated staff person shall transfer any juvenile records obtained to the probation officer assigned to supervise the person. Any copies of juvenile records obtained pursuant to this subsection shall continue to be withheld from public inspection and shall not become part of the public record in any criminal proceeding. Any copies of juvenile records shall be destroyed within 30 days of termination of the person's period of probation supervision. Any other information in the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice records, relating to a person's juvenile record, shall remain confidential and shall be maintained or destroyed pursuant to guidelines established by the Department of Natural and Cultural Resources for the maintenance and destruction of Section of Community Corrections of the Division of Adult Correction and Juvenile Justice records. History (1979, c. 815, s. 1; 1987, c. 297; 1994, Ex. Sess., c. 7, s. 1; 1995, c. 462, s. 4; c. 509, s. 5; 1997-459, s. 2; 1998-202, s. 6; 2000-137, s. 3; 2002-159, s. 26; 2009-372, s. 1; 2009-545, s. 2; 2011-145, s. 19.1(h), (k); 2011-277, s. 1; 2012-83, s. 17; 2015-241, s. 14.30(s); 2017-158, s. 24; 2017-186, s. 2(m); 2019-216, s. 12.) Editor's Note. - Session Laws 1998-202, s. 37(b), made this Article effective July 1, 1999, and applicable to acts committed on or after that date. Session Laws 1998-202, s. 36, contains a severability clause. Session Laws 2009-372, s. 19 is a severability clause. Session Laws 2009-372, s. 20, provides in part, that the amendment to this section by Session Laws 2009-372, s. 1, which added subdivision (b)(5) and subsection (e1), is effective December 1, 2009, and applies to juvenile records of adjudication of delinquency for offenders placed on probation for offenses committed on or after that date. However, the juvenile records of adjudication of delinquency, which subsection (e1) authorizes the probation officer to access, may include adjudications of delinquency that occurred before December 1, 2009. Session Laws 2009-545, s. 5, made amendments to subsection (e) by that act effective December 1, 2009, and applicable to offenses committed on or after that date. The remaining amendments by Session Laws 2009-545, s. 2, are effective December 1, 2009. Session Laws 2011-277, s. 1, which, in the first sentence of subsection (e), deleted "the adjudication occurred 18 months or less before the defendant reached 16 years of age or" following "where" and substituted "13 years of age" for "16 years of age," was applicable to pretrial release, plea negotiating decisions, and plea acceptance decisions on or after December 1, 2011. Session Laws 2019-216, s. 17, made the last sentence in subsection (b) as added by Session Laws 2019-216, s. 12, effective August 31, 2019, and applicable to offenses and acts of delinquency committed on or after that date. Effect of Amendments. - Session Laws 2009-372, s. 1, effective December 1, 2009, in subdivision (b)(3), deleted "and" from the end; in subdivision (b)(4), added "; and" at the end; added subdivision (b)(5); and added subsection (e1). For applicability, see Editor's note. Session Laws 2009-545, s. 2, effective December 1, 2009, added "or the juvenile's attorney" at the end of subdivision (b)(1); inserted "magistrates and" and "magistrate or" in the last paragraph of subsection (b); and rewrote subsection (e). For applicability, see Editor's note. Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction." Session Laws 2011-145, s. 19.1(k), effective January 1, 2012, substituted "Section of Community Corrections of the Division of Adult Correction" for "Division of Community Corrections." Session Laws 2011-277, s. 1, effective December 1, 2011, and applicable to pretrial release, plea negotiating decisions, and plea acceptance decisions on or after that date, in the first sentence of subsection (e), deleted "the adjudication occurred 18 months or less before the defendant reached 16 years of age or" following "where" and substituted "13 years of age" for "16 years of age." Session Laws 2012-83, s. 17, effective June 26, 2012, deleted "Division" preceding "staff person" in first paragraph following subsection (e1). Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in the last paragraph of subsection (e1). Session Laws 2017-158, s. 24, effective July 21, 2017, added "or the recording may be destroyed in accordance with a retention schedule approved by the Director of the Administrative Office of the Courts and the Department of Natural and Cultural Resources under G.S.121-5(c)" at the end of the second sentence in subsection (d). Session Laws 2017-186, s. 2(m), effective December 1, 2017, inserted "and Juvenile Justice" throughout the section. Session Laws 2019-216, s. 12, effective August 31, 2019, added the last sentence to subsection (b). For effective date and applicability, see editor's note. Legal Periodicals. - For 1997 legislative survey, see 20 Campbell L. Rev. 459.