North Carolina Motion To Seal Juvenile Records

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Multi-State
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US-03332BG
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

There is generally a $175 filing fee to petition for expunction. A few expunction statutes do not require a fee, like expunction of charges that were dismissed or ended in a ?not guilty? verdict, unless the dismissal was based on the completion of a diversion program or deferred prosecution agreement.

In North Carolina, juvenile cases are sent to the state district courts for hearings. These courts have authority over delinquent and undisciplined juveniles.

Violent misdemeanors (assault with a deadly weapon, child abuse, and others), Class A felonies (murder and others), and felonies requiring sex offender registration (sexual battery, human trafficking, incest, and more), are among those that are never eligible for expunction in North Carolina.

New Expungement laws in NC Reduce the wait period to expunge certain misdemeanor convictions from 15 years to 5 years. Reduce the wait period to expunge certain felony convictions from 15 years to 10 years. Law enforcement and prosecutors will now have access to expungement records under this new law.

To expunge a criminal record in North Carolina, you must file your petition at the county courthouse where you were charged. You must fill out the specific AOC form that applies to you. The forms are based on your age, charge and outcome of the case, among other things.

You may wonder whether you can have your DWI conviction expunged or removed from your criminal record in North Carolina. The short answer is that DWIs cannot be expunged if you were convicted of a DWI, but you may have options if you were charged but not convicted.

A petition for expungement can be filed if at least 18 months have passed since the person was released from juvenile court jurisdiction and if the person has not since been adjudicated delinquent or convicted of a felony or misdemeanor, other than a minor traffic violation, in North Carolina, or any other state or ...

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North Carolina Motion To Seal Juvenile Records