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?
7B-3001
New Law Authorizing Public Release of Juvenile Information in Limited Circumstances
One of the central differences between delinquency matters and criminal matters is that juvenile records are not subject to public inspection. This includes juvenile court records (G.S. 7B-3000(b)); all law enforcement records and files concerning juveniles, unless jurisdiction has been transferred to superior court (G.S. 7B-3001(b)); and all records and files maintained by the Division of Juvenile Justice (G.S. 7B-3001(c)). Part II of Session Law 2023-114 adds a new G.S. 7B-3103 to the Juvenile Code to establish a limited exception to the confidentiality of juvenile records. It allows the release of juvenile information to the public under certain circumstances. This new law applies to offenses committed on or after December 1, 2023.