Overview Description

A record relating to an adjudication can be expunged by the court once the juvenile reaches age 18, if at least 18 months have elapsed since the person was released from juvenile court jurisdiction. N.C. Gen. Stat. § 7B-3200(b).

Ineligible Category or Citation

The offense cannot have been a Class A, B1, B2, C, D, or E felony if committed by an adult. N.C. Gen. Stat. § 7B-3200(b)(1). Petitioner cannot have been subsequently adjudicated delinquent or convicted as an adult of any felony or misdemeanor other than a traffic violation in any jurisdiction. N.C. Gen. Stat. § 7B-3200(b)(2).

Procedure General

The petition must be filed in the court where the person was adjudicated delinquent and must include the specified affidavits and statement. For the specific procedure, see N.C. Gen. Stat. § 7B-3200.

Fees

There is no statutory language regarding fees.

Effect

 

The sealing order requires the clerk and the appropriate law enforcement agencies to expunge their records of the allegations of delinquent acts, including all references to arrests, complaints, referrals, petitions, and orders. N.C. Gen. Stat. § 7B-3200(d).

Whenever a juvenile's record is expunged, the juvenile who is the subject of the record and the juvenile's parent cannot be held thereafter under any provision of any laws to be guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowledge the expunged record. N.C. Gen. Stat. § 7B-3201(a).

Waiting Periods

The person must be 18 years old and at least 18 months must have elapsed since the person was released from juvenile court jurisdiction. N.C. Gen. Stat. § 7B-3200(b)(2).

The petition can be filed upon the person turning 18 years old, if at least 18 months have elapsed since release from juvenile court jurisdiction. N.C. Gen. Stat. § 7B-3200(b)(2).

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