Relief from a Criminal Conviction (2025 Edition)

G.S. 15A-145.8 requires expunction of the superior court record of charges against a juvenile prosecuted as an adult if the case is remanded or removed to the juvenile jurisdiction of the district court (juvenile court) (see Table 9). The superior court must order expunction of the following matters: for offenses committed on or after December 1, 2019, and before December 1, 2024, a charge of a felony by a 16- or 17-year old transferred to superior court and remanded to juvenile court (see S.L. 2019-186 (S 413), §§ 8, 11, amending G.S. 7B-2200.5); for offenses committed on or after December 1, 2024, a charge of a Class F through I felony by a 16- or 17-year-old transferred to superior court and remanded to juvenile court (see S.L. 2024-17 (H 834), § 2.(d), amending G.S. 7B-2200.5); for offenses committed on or after December 1, 2024, a charge of a felony by a 13-, 14-, or 15-year old transferred to superior court and remanded to juvenile court (see S.L. 2024-17 (H 834), § 2.(c), amending G.S. 7B-2200); for offenses committed on or after December 1, 2024, a charge of a Class A through E felony by a 16- or 17-year old originating in superior court and removed to juvenile court (see S.L. 2024-17 (H 834), § 3.(b), adding G.S. 15A-960). The court must remand or remove the case on the joint motion of the prosecutor and defense and must order expunction of the superior court record and 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 or removal. For a further discussion, see Jacquelyn Greene, Change to the Law of Juvenile Jurisdiction and Juvenile Transfer to Superior Court, N.C. Crim. L., UNC Sch. of Gov’t Blog (July 23, 2024); 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 or Removed to Juvenile Court