State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-3200

Article 32.

Expunction of JuvenileRecords.

§ 7B‑3200.  Expunctionof records of juveniles alleged or adjudicated delinquent and undisciplined.

(a)        Any person who hasattained the age of 18 years may file a petition in the court where the personwas adjudicated undisciplined for expunction of all records of thatadjudication.

(b)        Any person who hasattained the age of 18 years may file a petition in the court where the personwas adjudicated delinquent for expunction of all records of that adjudicationprovided:

(1)        The offense forwhich the person was adjudicated would have been a crime other than a Class A,B1, B2, C, D, or E felony if committed by an adult.

(2)        At least 18 monthshave elapsed since the person was released from juvenile court jurisdiction,and the person has not subsequently been adjudicated delinquent or convicted asan adult of any felony or misdemeanor other than a traffic violation under thelaws of the United States or the laws of this State or any other state.

Records relating to an adjudicationfor an offense that would be a Class A, B1, B2, C, D, or E felony if committedby an adult shall not be expunged.

(c)        The petition shallcontain, but not be limited to, the following:

(1)        An affidavit by thepetitioner that the petitioner has been of good behavior since the adjudicationand, in the case of a petition based on a delinquency adjudication, that thepetitioner has not subsequently been adjudicated delinquent or convicted as anadult of any felony or misdemeanor other than a traffic violation under thelaws of the United States, or the laws of this State or any other state;

(2)        Verified affidavitsof two persons, who are not related to the petitioner or to each other by bloodor marriage, that they know the character and reputation of the petitioner inthe community in which the petitioner lives and that the petitioner's characterand reputation are good; and

(3)        A statement that thepetition is a motion in the cause in the case wherein the petitioner wasadjudicated delinquent or undisciplined.

The petition shall be servedupon the district attorney in the district wherein adjudication occurred. Thedistrict attorney shall have 10 days thereafter in which to file any objectionthereto and shall be duly notified as to the date of the hearing on thepetition.

(d)        If the court, afterhearing, finds that the petitioner satisfies the conditions set out insubsections (a) or (b) of this section, the court shall order and direct theclerk and all law enforcement agencies to expunge their records of theadjudication including all references to arrests, complaints, referrals,petitions, and orders.

(e)        The clerk shallforward a certified copy of the order to the sheriff, chief of police, or otherlaw enforcement agency.

(f)         Records of ajuvenile adjudicated delinquent or undisciplined being maintained by the chiefcourt counselor, an intake counselor, or a juvenile court counselor shall beretained or disposed of as provided by the Department, except that no recordsshall be destroyed before the juvenile reaches the age of 18 or 18 months haveelapsed since the person was released from juvenile court jurisdiction,whichever occurs last.

(g)        Records of ajuvenile adjudicated delinquent or undisciplined being maintained by personnelat a residential facility operated by the Department, shall be retained ordisposed of as provided by the Department, except that no records shall bedestroyed before the juvenile reaches the age of 18 or 18 months have elapsedsince the person was released from juvenile court jurisdiction, whicheveroccurs last.

(h)        Any person who wasalleged to be delinquent as a juvenile and has attained the age of 16 years, orwas alleged to be undisciplined as a juvenile and has attained the age of 18years, may file a petition in the court in which the person was alleged to bedelinquent or undisciplined, for expunction of all juvenile records of thejuvenile having been alleged to be delinquent or undisciplined if the courtdismissed the juvenile petition without an adjudication that the juvenile wasdelinquent or undisciplined. The petition shall be served on the chief courtcounselor in the district where the juvenile petition was filed. The chiefcourt counselor shall have 10 days thereafter in which to file a writtenobjection in the court. If no objection is filed, the court may grant thepetition without a hearing. If an objection is filed or the court so directs, ahearing shall be scheduled and the chief court counselor shall be notified asto the date of the hearing. If the court finds at the hearing that thepetitioner satisfies the conditions specified herein, the court shall order theclerk and the appropriate law enforcement agencies to expunge their records ofthe allegations of delinquent or undisciplined acts including all references toarrests, complaints, referrals, juvenile petitions, and orders. The clerk shallforward a certified copy of the order of expunction to the sheriff, chief ofpolice, or other appropriate law enforcement agency, and to the chief courtcounselor, and these specified officials shall immediately destroy all recordsrelating to the allegations that the juvenile was delinquent or undisciplined.

(i)         The clerk ofsuperior court in each county in North Carolina shall, as soon as practicableafter each term of court in the clerk's county, file with the AdministrativeOffice of the Courts, the names of those persons granted an expunction underthe provisions of this section, and the Administrative Office of the Courtsshall maintain a confidential file containing the names of persons granted anexpunction. The information contained in such file shall be disclosed only tojudges of the General Court of Justice of North Carolina for the purpose ofascertaining whether any person charged with an offense has been previouslygranted an expunction. (1979, c. 815, s. 1; 1989, c. 186; 1994, Ex. Sess., c. 7, s. 2; 1995,c. 509, s. 6; 1997‑443, s. 11A.118(a); 1998‑202, s. 6; 2000‑137,s. 3; 2001‑490, s. 2.33.)