State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2108

§ 7B‑2108.  Destructionof records resulting from nontestimonial identification procedures.

The results of anynontestimonial identification procedures shall be retained or disposed of asfollows:

(1)        If a petition is notfiled against a juvenile who has been the subject of nontestimonialidentification procedures, all records of the evidence shall be destroyed.

(2)        If the juvenile isnot adjudicated delinquent or convicted in superior court following transfer,all records resulting from a nontestimonial order shall be destroyed. Further,in the case of a juvenile who is under 13 years of age and who is adjudicateddelinquent for an offense that would be less than a felony if committed by anadult, all records shall be destroyed.

(3)        If a juvenile 13years of age or older is adjudicated delinquent for an offense that would be afelony if committed by an adult, all records resulting from a nontestimonialorder may be retained in the court file. Special precautions shall be taken toensure that these records will be maintained in a manner and under sufficientsafeguards to limit their use to inspection by law enforcement officers forcomparison purposes in the investigation of a crime.

(4)        If the juvenile istransferred to and convicted in superior court, all records resulting fromnontestimonial identification procedures shall be processed as in the case ofan adult.

(5)        Any evidence seizedpursuant to a nontestimonial order shall be retained by law enforcementofficers until further order is entered by the court.

(6)        Destruction ofnontestimonial identification records pursuant to this section shall beperformed by the law enforcement agency having possession of the records.Following destruction, the law enforcement agency shall make writtencertification to the court of the destruction. (1979, c. 815, s. 1; 1994,Ex. Sess., c. 22, s. 28; 1998‑202, s. 6.)