State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-3000

Article 30.

Juvenile Records andSocial Reports of Delinquency and Undisciplined Cases.

§ 7B‑3000.  Juvenilecourt records.

(a)        The clerk shallmaintain a complete record of all juvenile cases filed in the clerk's office tobe known as the juvenile record. The record shall include the summons andpetition, any secure or nonsecure custody order, any electronic or mechanicalrecording of hearings, and any written motions, orders, or papers filed in theproceeding.

(b)        All juvenilerecords shall be withheld from public inspection and, except as provided inthis subsection, may be examined only by order of the court. Except as providedin subsection (c) of this section, the following persons may examine thejuvenile's record and obtain copies of written parts of the record without anorder of the court:

(1)        The juvenile or thejuvenile's attorney;

(2)        The juvenile'sparent, guardian, or custodian, or the authorized representative of thejuvenile's parent, guardian, or custodian;

(3)        The prosecutor;

(4)        Court counselors;and

(5)        Probation officersin the Division of Community Corrections of the Department of Correction, asprovided in subsection (e1) of this section and in G.S. 15A‑1341(e).

Except as provided in subsection(c) of this section, the prosecutor may, in the prosecutor's discretion, shareinformation obtained from a juvenile's record with magistrates and lawenforcement officers sworn in this State, but may not allow a magistrate or lawenforcement officer to photocopy any part of the record.

(c)        The court maydirect the clerk to "seal" any portion of a juvenile's record. Theclerk shall secure any sealed portion of a juvenile's record in an envelopeclearly marked "SEALED: MAY BE EXAMINED ONLY BY ORDER OF THE COURT",or with similar notice, and shall permit examination or copying of sealedportions of a juvenile's record only pursuant to a court order specificallyauthorizing inspection or copying.

(d)        Any portion of ajuvenile's record consisting of an electronic or mechanical recording of ahearing shall be transcribed only when notice of appeal has been timely givenand 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, thecourt may enter a written order directing the clerk to destroy the recording ofthe hearing.

(e)        Notwithstanding anyother provision of law, if the defendant in a criminal proceeding involving aClass A1 misdemeanor or a felony was less than 21 years of age at the time ofthe offense, information obtained pursuant to subsection (b) of this sectionregarding the juvenile's record of an adjudication of delinquency for anoffense that would be a Class A1 misdemeanor or a felony if committed by anadult, where the adjudication occurred 18 months or less before the defendantreached 16 years of age or the adjudication occurred after the defendantreached 16 years of age, may be used by law enforcement, the magistrate, thecourts, and the prosecutor for pretrial release, plea negotiating decisions,and plea acceptance decisions. Information obtained regarding any juvenilerecord shall remain confidential and shall not be placed in any public record.

(e1)      When a person issubject to probation supervision under Article 82 of Chapter 15A of the GeneralStatutes, for an offense that was committed while the person was less than 25years of age, that person's juvenile record of an adjudication of delinquencyfor an offense that would be a felony if committed by an adult may be examinedwithout a court order by the probation officer in the Division of CommunityCorrections assigned to supervise the person for the purpose of assessing riskrelated to supervision.

Each judicial district managerin the Division of the Community Corrections shall designate a Division staffperson in each county to obtain from the clerk, at the request of the probationofficer assigned to supervise the person, any juvenile records authorized to beexamined under this subsection. The judicial district manager shall inform theclerk in each county, in writing, of the designated staff person in the county.The designated staff person shall transfer any juvenile records obtained to theprobation officer assigned to supervise the person.

Any copies of juvenile recordsobtained pursuant to this subsection shall continue to be withheld from publicinspection and shall not become part of the public record in any criminalproceeding. Any copies of juvenile records shall be destroyed within 30 days oftermination of the person's period of probation supervision. Any otherinformation in the Division of Community Corrections records, relating to aperson's juvenile record, shall remain confidential and shall be maintained ordestroyed pursuant to guidelines established by the Department of CulturalResources for the maintenance and destruction of Division of CommunityCorrections records.

(f)         The juvenile'srecord of an adjudication of delinquency for an offense that would be a ClassA, B1, B2, C, D, or E felony if committed by an adult may be used in asubsequent 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 byorder of the court in the subsequent criminal proceeding, upon motion of theprosecutor, after an in camera hearing to determine whether the record inquestion is admissible.

(g)        Except as providedin subsection (d) of this section, a juvenile's record shall be destroyed onlyas authorized by G.S. 7B‑3200 or by rules adopted by the AdministrativeOffice of the Courts.  (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.)