Who Can Access a Delinquency or Undisciplined Juvenile Court Record?

Published for NC Criminal Law on April 23, 2019.

I have had the pleasure of working here at the School of Government for eight months now. In that time I have gotten some interesting questions about North Carolina’s delinquency laws. Most often, those questions relate to the confidentiality of juvenile court records. When I first read the statute – G.S. 7B-3000 – I thought it was an open and shut case. Unless you are on the list of people allowed access without a court order, access can only be allowed pursuant to a court order. But then the questions started to come in. Who exactly is the juvenile’s attorney under this statute? Can any prosecutor access juvenile records any time? Can a federal court order disclosure of a North Carolina juvenile record? On what basis can courts order release of juvenile records? It turns out that it’s not open and shut at all. Here is what I have learned so far. Basic Statutory Structure G.S. 7B-3000 governs the confidentiality of juvenile court records in delinquency and undisciplined cases.  It tasks the clerk with maintaining a complete juvenile record that includes the summons and petition, any secure or nonsecure custody order, any electronic or mechanical recording of hearings, and any written motions, orders, or papers filed in the proceeding. G.S. 7B-3000(a). This record can only be examined pursuant to a court order or by any of these listed people: The juvenile or the juvenile’s attorney; The juvenile’s parent, guardian, or custodian, or the authorized representative of that person; The prosecutor; Court [...]