New Law Authorizing Public Release of Juvenile Information in Limited Circumstances

One of the central differences between delinquency matters and criminal matters is that juvenile records are not subject to public inspection. This includes juvenile court records (G.S. 7B-3000(b)); all law enforcement records and files concerning juveniles, unless jurisdiction has been transferred to superior court (G.S. 7B-3001(b)); and all records and files maintained by the Division of Juvenile Justice (G.S. 7B-3001(c)). Part II of Session Law 2023-114 adds a new G.S. 7B-3103 to the Juvenile Code to establish a limited exception to the confidentiality of juvenile records. It allows the release of juvenile information to the public under certain circumstances. This new law applies to offenses committed on or after December 1, 2023. When Can Information be Released? 1.      Pursuant to a Court Order Under the new law, the court may order the Division of Juvenile Justice or any law enforcement agency in North Carolina to release certain juvenile information to the public when the court makes the following three required findings. That a petition has been filed alleging that the juvenile has committed an offense “that would subject the juvenile to transfer to superior court” for trial as an adult according to S. 7B-2200 or G.S. 7B-2200.5. Both of these statutes direct when a juvenile case must be transferred to superior court (mandatory transfer) and when other cases may be transferred to superior court (discretionary transfer). The matters subject to mandatory transfer include Class A felonies alleged to have been committed at ages 13, 14, or 15 and Class A – [...]