Public Records and Minors Arrested Under Criminal Jurisdiction

Does the law that makes personally identifiable arrest information a public record apply to the arrest of a person who is 16-or 17-years-old and charged with a Class A – E felony? This is the most common question I have received since the law of juvenile jurisdiction changed on December 1, 2024. Beginning with offenses committed on that date, Class A – E felonies committed at ages 16 and 17 fall under original criminal jurisdiction. G.S. 7B-1501(7)b.2. That means that these cases are now criminal cases from their inception. At the same time, the youth involved fall under the definition of juvenile in the Juvenile Code. G.S. 7B-1501(17). This leaves many people wondering which law applies—the public records law about law enforcement arrest records or the Juvenile Code provisions about the confidential nature of law enforcement records and files concerning juveniles? The Public Nature of Arrest Records Law enforcement records of criminal investigations are generally not public records. G.S. 132-1.4(a). However, some personally identifiable information about a person who is arrested, charged, or indicted is explicitly designated as a public record. G.S. 132-1.4(c). This includes the name, sex, age, address, and employment of the person along with information about the alleged violation of law. Details about the arrest are also designated as a public record under the same statute. This includes the time and place of the arrest; whether resistance, possession or use of weapons, or pursuit were involved in the arrest; and a description of any items seized in connection [...]