North Carolina Arrest Records

After an arrest in North Carolina, the Law Enforcement Agency that made the arrest generates an official account of the arrest, featuring details of the apprehension and the detainee. This is then filed as a North Carolina arrest record.

A North Carolina arrest record would typically contain the details of the arrested individual: their name, date of birth, age, gender, address, phone number, email, race, scars, tattoos, height, weight, fingerprints, and mug shots. It also includes details of the arrest, including the arrest location, booking agency, name of the arresting officer, charge, bond type, and bond amount.

Are Arrest Records Public in North Carolina?

Yes. Arrest records in North Carolina are deemed public records and, per Chapter 132 of the North Carolina General Statute, are presumed available to residents who request records. Notwithstanding, certain documents may not be accessible to members of the public.

Some North Carolina arrest record information exempt from public disclosure include:

• Personal sensitive information;
• Arrest records of investigations that are ongoing if the release of such data can compromise the process;
• Arrest records of persons under the age of 18 years;
• Records that are sealed or expunged.

Persons seeking records in any of the aforementioned categories will only be allowed access if they obtain a court order to access them.

How Do I Look Up Arrest Records in North Carolina?

To look up arrest records in North Carolina, inquirers must first consider the scope and type of the arrest records to determine the most appropriate means of retrieval. For instance, if an inquirer wants to look up another person's arrest records, the best place to check would be the Sheriff's office, a courthouse in the judicial district where the arrest occurred, or the official site of either.

Typically, county arrest records are provided by the Office of the Sheriff. Most offices maintain an online database or a dedicated web page of those arrested within county limits. However, to view a complete record, inquirers may need to visit the office in person or send a request by mail. For example, the Johnston County Sheriff's Office publishes arrest records not older than 15 days on its website.

Researchers seeking county arrest records in the state can also explore courthouses. Before beginning their search, inquirers must identify the court where the case was handled to streamline the process. While some records may be accessible online via the court's website, the requestor may be required to visit the courthouse in some cases. At the courthouse, inquirers may use public terminals to search for records themselves. Otherwise, they can request assistance from the court clerk.

Persons seeking a certified copy of an arrest record (for background check) must submit a Criminal record request form to the court (in person or via mail), including a $25 fee. However, arrest records are only a part of the criminal record, and only authorized persons have full access to them in North Carolina.

Individuals searching for personal records may query the North Carolina State Bureau of Investigations (SBI) or the Federal Bureau of Investigation (FBI). The SBI maintains state-wide criminal history records, while the FBI provides nationwide criminal history, including arrest records. Residents may request their records from the SBI through the Right to Review process. Requesters must submit fingerprints when requesting an arrest record and pay a fee of $14 if ordering them from the SBI. However, the FBI charges $18 for this service.

Free Arrest Record Search in North Carolina

In North Carolina, members of the public may perform free arrest record searches and view the information contained therein. However, obtaining records, particularly certified copies, comes at a cost. To find arrest records for counties that publish information, members of the public can search the Sheriff's website or directly inquire with the office.

Additionally, individuals can contact the courthouse holding the case file containing the arrest record or visit in person to utilize public area computers and check the database. Providing details about the arrest file will assist in locating the records.

How Long Do Arrests Stay on Your Record in North Carolina?

Except a record is sealed or expunged, an arrest would stay on a person's record perpetually. However, for an arrest that did not lead to a conviction, once the retention period is reached and the agency does not find the record useful, it may be removed.

How to Seal Arrest Record in North Carolina

Article 5 of Section 15A: Criminal Procedures Act outlines the conditions and process for which a criminal record (of which an arrest record is included) in North Carolina can be expunged. Expunction means that a record is legally sealed or destroyed and hence unavailable to the public. Essentially, a person with an expunged record can officially claim no arrest record or arrest history (within the limits of the state's provisions).

The conditions for a record to be expunged include the offender's age as of the time the offense was committed, the type of crime, how long ago it was committed, the court's verdict on the crime, and the provision of the law. Hence, not all records can be sealed.

North Carolina has several expungement statutes that individuals can file for depending on the most suitable. Some of these statutes are:

• Under NCGS 15A-145(a), one can file for the expunction of misdemeanor convictions. This statute only covers nontraffic misdemeanors for persons under 18 and possession of alcohol for individuals under 21;
• Expunction of offenses related to prostitution is covered by NCGS 15A-145.6;
• 15A-147(a) statutes include the eligibility of an individual found not guilty of identity theft to file for expungement.

Other statutes can be found on North Carolina's Judicial web page.

Eligible persons can file for an expungement in North Carolina in the following steps:

• To initiate the expungement process, individuals must complete and submit the relevant form to the courthouse where the prosecution occurred. These forms can be accessed online or obtained in person at the courthouse. Depending on the type of expungement, additional documents may need to be submitted along with the form.
• The filing procedures for different expungements may vary slightly, so reviewing the provided guidelines for each application type is crucial. Additionally, applicants can seek guidance from the court clerk regarding the specific process applicable to their petition.
• Apart from expunging a non-guilty verdict, sealing other records costs a $175 fee, and the processing time may extend to several months.