Charges Remanded to Juvenile Court | UNC School of Government

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Effective for offenses committed on or after December 1, 2019, G.S. 15A-145.8 and G.S. 7B-2200.5(d) require expunction of the superior court record of charges against a juvenile that were transferred to superior court for prosecution as an adult if the superior court remands the case to the juvenile jurisdiction of the district court (see Table 9). See S.L. 2019-186 (S 413), §§ 8, 11. The court must remand the case on joint motion of the prosecutor and must order expunction of the superior court record and of DNA records. The juvenile is not required to file a separate petition to expunge. There are no eligibility criteria for this expunction other than remand. For a further discussion, see Jacquelyn Greene, Raise the Age: Modifications and Training Opportunities, N.C. Crim. L., UNC Sch. of Gov’t Blog (Aug. 27, 2019).

Table 9. Charges Remanded to Juvenile Court

Matters Subject to Expunction	Principal Restrictions on Expunction	Applicable Statutes and Forms
Superior court record of charges against juvenile, including DNA samples and records	Remand of case to district court for juvenile adjudication	G.S. 15A-145.8, G.S. 7B-2200.5 AOC-CR-291 (Jan. 2023) (remand and expunction order) AOC-CR-292 (Dec. 2019) (expunction of DNA)