North Carolina Criminal Records
North Carolina generates criminal records for individuals charged and convicted of crimes. Each person's record contains information about crimes they have committed and is collated from every state and local law enforcement agency, correctional and detention center, and court.
In North Carolina, criminal records serve the public interest in many ways. Recording suspect descriptions, movements, and charges helps law enforcement in active investigations. Documentation upholds due process rights and provides transparency in arrest and trial proceedings. Prior records also provide critical context during sentencing and enable screening individuals, like sex offenders and repeat offenders, for risk statuses.
Employers and other organizations can also use North Carolina criminal records to determine the viability of an applicant, especially in sensitive employment, financial, and public considerations.
Are Criminal Records Public in North Carolina?
Yes, certain criminal records in North Carolina are accessible to members of the public, with a few exceptions per N.C. Gen. Stat. § 132-1. The law considers records generated, compiled, and received by public agencies, including law enforcement, in the state as the people's property.
Record custodians are mandated to provide these documents and related information once members of the public request to inspect or reproduce them.
However, N.C. Gen. Stat. § 132-1.4 explicitly states that records generated during criminal investigations handled by the North Carolina Innocence Inquiry Commission and law enforcement agencies in the state are not public records. Those records can only be disclosed by court order.
Other confidential records include:
- Certain victim and witness information;
- Social security numbers and other personal identifying information;
- Sensitive financial information;
- Records sealed by court order and court rule;
- Records restricted by other state and federal statutes.
North Carolina Crime Records by County
Local and state agencies across North Carolina regularly document incidents regarding criminal offenses and outcomes in their jurisdictions. This is compiled into a repository containing statistical data and criminal information, providing visibility into public safety issues affecting county and state residents. Members of the public can access these published findings on law enforcement and other government websites.
For example, the Wake County Sheriff's Office releases quarterly crime reports to inform county residents about run-ins with the county's law enforcement. People interested in state-wide datasets can visit the North Carolina State Bureau of Investigation (NCSBI) website to find crime reports by county and agency. The bureau's reporting system collates crime data from every state agency covering various jurisdictions.
Individuals can obtain criminal history information about offenders from different local agencies, including courts, sheriff's offices, police departments, and county attorneys. They can also obtain criminal records from other state agencies, such as the North Carolina Department of Public Safety.
North Carolina Criminal Record Check
Individuals who want to perform a criminal background check in North Carolina can go through the courts, NCSBI, NCDPS, or sex offenders registry. However, it is essential to follow a defined process to obtain the correct information successfully. This process involves asking the right questions about the information they seek and how to get it.
- Identifying the Criminal Records an Individual Seeks
Pinpointing the kind of record one wants to obtain helps one discover the proper process. Depending on the information and inquirer, there are different custodians to contact. For example, employers who want to check a prospective employee's criminal background can go through the NCSBI, provided they are statutorily permitted by law to request such records.
- Identifying the Record Custodian
As mentioned, qualified employers and other entities can go through the NCSBI to check for a potential applicant's criminal background. Individuals who want to check their criminal history can use the Right to Review Application sent to the NCSBI.
Members of the public seeking another person's criminal history can go through the clerk of the court in the county where the case was heard, the North Carolina Department of Adult Corrections, and the North Carolina State Sex Offender Registry.
- Understanding the Request Process
Each custodian has a distinct process for providing North Carolina criminal background records to requesting parties. Individuals seeking to perform background checks should ideally reach out to the agency in possession of the records they seek to confirm how to submit their request. They can find contact information via the agency's website.
- Paying the Required Fees
Most North Carolina criminal records requests are not free. Individuals are required to pay a specific fee to reproduce and receive records. They can contact the record's custodian to confirm their costs and payment processes. For example, individuals who want to check their criminal history through the NCSBI must pay an $18 fee.
Find Criminal Records Online in North Carolina
Persons seeking criminal records in North Carolina have different online resources at their disposal. The specific site they use will depend on the type of information they want to obtain.
The following are online tools that can help:
The North Carolina Department of Adult Correction provides this web application. It contains information about offenders who are currently serving time or have completed their sentences in state prison. It also includes details about current and ex-parolees and probationers.
The North Carolina State Bureau of Investigations provides the state's Sex Offender Registry. It contains details about the state's registered sex offenders. The system allows searchers to find offenders by Sex Registration Number, latitude and longitude, address, and name.
- Local Law Enforcement Online Resources
Most sheriff's offices in North Carolina provide online search portals to help residents stay informed about crimes and offenders close to them. For example, the Mecklenburg County Sheriff's Office's Arrest Inquiry and Inmate Inquiry search portals allow members of the public to search for crime incidents and details about convicted offenders.
- Third-Party Resources
Private businesses offer publicly available criminal history information through their online search platforms. These vendors are not associated with any North Carolina government agency and offer their services for a fee. They typically buy and collate official records to furnish them to members of the public through an easy-to-use and central system.
Free Criminal Record Search in North Carolina
Individuals can find certain criminal records for free through different government websites, including:
- The Offender Public Information Search
- The North Carolina Sex Offender Registry
- Search portals provided by county sheriffs
Inquirers can also use public access computers in local courthouses to find and view criminal records for themselves or others. While they can view and email records for free, they may have to pay to print the records. However, depending on their purpose, these records may need to be certified; inquirers must pay to obtain certified versions.
What Does it Mean if You Have a Criminal Record in North Carolina?
Having a criminal record in North Carolina means an individual has been apprehended, charged, and convicted by law enforcement agencies and courts within the state for legal violations.
North Carolina criminal records create permanent histories tied to every offender's identity and reveal interactions with the criminal justice system. This criminal information can have damaging personal consequences for the individual even after they have completed their sentences. They may fail criminal background checks for employment, housing, and loans and suffer social stigma.
Does Your Criminal Record Clear After 7 Years in North Carolina?
No, an individual's criminal records in North Carolina do not automatically disappear. They exist until the person applies for an expunction (clearing their criminal records). Every person with a criminal record must qualify to apply for the expunction and follow the processes laid out in N.C. Gen. Stat. Ch. 15A, Art. 5.
Arrest Record Vs Criminal Record
An arrest record documents an individual's apprehension and detention for suspected criminal offenses. The arrestee is deemed innocent until court proceedings determine the outcome of the charges. An acquittal or dismissal means the individual did not commit a crime in the eyes of the law. Meanwhile, criminal records document crimes for which an individual was indicted and convicted. They are typically tied to arrests and could contain multiple incidents that confirm repetitive criminal behaviors. Convictions lead to sentences, fines, and rehabilitation requirements.
In North Carolina, individuals can expunge arrests and court records that did not lead to a conviction.
North Carolina Police Records
Police records in North Carolina are information generated and collected during the course of police business. They are held by police departments and county sheriff's offices. They contain crime reports, investigative materials, arrest reports, suspect details, charges, citations, and traffic incidents.
They differ from general criminal records because they only contain information leading to and surrounding an individual's arrest, including the crimes they are suspected of committing. They do not contain court proceedings leading to conviction.
Members of the public can find details of arrests through local police departments and sheriff's offices. That said, some records, such as investigations and police recordings, can only be retrieved by court order in the state.
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