North Carolina Warrant Search
A North Carolina warrant search examines records of outstanding or active warrants maintained in North Carolina to ascertain an individual's wanted status. Citizens conduct the search for different reasons, including reviewing a potential employee or tenant's background and identifying absconders or fugitives within the community.
A warrant inquiry reveals critical details about a wanted person and their alleged offense, such as the subject's complete name, charge, sex, age, last known address, the assigned agency, warrant number, and the warrant type.
Warrant information is available primarily through local law enforcement in North Carolina, who receive such records from the state's courts.
What is a Warrant?
A warrant is an official order permitting law enforcement officers to perform an action. Different kinds of warrants can be issued in North Carolina, including a governor's warrant, bench warrant, search warrant, arrest warrant, and fugitive warrant. However, the action that a North Carolina warrant authorizes often surrounds an arrest, search, or seizure. Thus, a warrant may be issued to apprehend an individual, search a place or item, seize property, or bring seized evidence or a person to court.
Officials with the legal authority to issue warrants in North Carolina include:
- A justice of the supreme court
- A judge of the district court, superior court, or court of appeals
- A magistrate
- A clerk of the court, and
- The Governor
Are Warrants Public Record in North Carolina?
Yes. The North Carolina Public Records Law permits the public review of documentary materials collated, created, and preserved by a North Carolina agency or its subdivision. Among these are warrant records maintained by courts and law enforcement agencies.
Notwithstanding, North Carolina's Public Records Law lists numerous exceptions to the mandatory disclosure of governmental records. For example, under N.C.G.S. § 132‑1.4 (k), returned arrest and search warrants sealed by court order are not public records.
How Do I Look Up Warrants in North Carolina?
The general public may access third-party aggregator websites to find warrant records and other public information released by North Carolina government agencies. Although various independent sources offer a warrant search service on the internet, it is always advised to use a credible website and crosscheck any information recovered for accuracy and completeness.
Generally, any warrant search on a third-party website follows the same process: a user must provide a name (first and last) and location (e.g., North Carolina) and hit the search button to bring up a match. Admittedly, users may have to answer a few more questions about the search subject to filter the search results, such as a former address the subject may have lived at, their current age, or if they have been previously arrested for a crime.
In many cases, a user will be allowed a free search on a third-party website, but a fee is often necessary to retrieve a complete report. Some websites may also offer users a free trial (often between $2.95 and $4.95), after which a monthly subscription will take effect if the user does not cancel.
One of the main attractions of a third-party website is convenience. With a strong internet connection and an internet-enabled device, users can explore warrants and other public records maintained in different regions in and out of North Carolina from an integrated platform.
What is a Search Warrant in North Carolina?
N.C.G.S. § 15A‑241 defines a search warrant in North Carolina as a court order and process authorizing a peace officer to search designated premises, vehicles, or persons to seize specific items and bring them to the court.
Search warrants in North Carolina are issued and executed in line with Chapter 15 A, Article 11 of the General Statutes (N.C.G.S. §§ 15A-241 through 15A‑259).
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Are Search Warrants Public Records in North Carolina
Yes. According to N.C.G.S. § 132‑1.4 (k), search warrants returned by law enforcement departments to the courts are public records. The only exceptions are returned search warrants sealed by court order.
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How Long Does it Take to Get a Search Warrant in North Carolina?
North Carolina imposes no deadline for the issuance of a search warrant. According to N.C.G.S. § 15A‑242 and the Fourth Amendment, search warrants are only issued when probable cause exists. Consequently, any application made by law enforcement for a search warrant must be adequately reviewed by a judge, justice, or any other authorized official. The time until a review is completed varies.
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How Long Does a Search Warrant Last
A North Carolina search warrant only lasts for 48 hours from the time of issuance. The warrant becomes void if it is not executed within that time frame (N.C.G.S. § 15A‑248).
What is a Bench Warrant in North Carolina?
A bench warrant is an order from a court directing a peace officer to apprehend an individual who failed to appear for a court hearing or trial or comply with a court order.
Unlike other warrants, North Carolina does not require a separate application demonstrating probable cause for a bench warrant. This is because probable cause (reasonable grounds for an arrest) is already determined based on what occurred or did not occur before a judge or magistrate.
What is an Arrest Warrant in North Carolina?
An arrest warrant (or "warrant for arrest") in North Carolina is a court directive to law enforcement to apprehend and detain a person accused of a misdemeanor or felony crime (N.C.G.S. § 15A-304).
How to Check if You Have a Warrant in North Carolina
Individuals who want to confirm their warrant status in North Carolina can visit or call the warrants unit/division of a local police department or sheriff's office. A police agency's contact details (phone numbers, hours, and addresses) are usually available on its official website. However, a local police precinct will only maintain outstanding warrants or processes assigned to their office.
Additionally, a person may check with the clerk in the courthouse where their case is open to determine if the court issued a warrant for the case. Clerks of courts typically maintain self-service terminals (computer systems) at their physical locations to aid public searches of court case records. These terminals can be accessed for free with a defendant's name, case number, or witness/victim's name. Paper copies of case records may be purchased by visiting a court clerk's office. Some clerks also accept mail and phone requests for records.
Can You Check Warrants Online in North Carolina?
Yes. In keeping with North Carolina's open records policy, courts and local law enforcement agencies maintain online portals where the public can conveniently obtain information about outstanding warrants. For example, the City of Winston-Salem Police Department, Mecklenburg County Sheriff's Office, Rowan County Sheriff's Office, and Greenville Police Department all offer accessible electronic warrant systems.
On the other hand, several courts subscribe to the eCourts portal maintained by the North Carolina judiciary as a means of providing the public with case information and documents. By searching the portal with a defendant's name or case number, a person can determine if a warrant was issued in a case. Available information includes a warrant's number, type, and the issue date and time.
How To Find Out If You Have a Warrant for Free
Below are free options for persons who want to determine if they have a warrant in North Carolina:
- Access a police department's online warrant search system.
- Search the North Carolina judiciary's eCourts portal.
- Visit the presiding courthouse to look up warrant information via public access terminals.
- Contact or visit a police agency during business hours.
It should be noted that any request for a copy of a record ordinarily attracts a minimal fee per the state's public records statutes.
How to Find Out if Someone Has a Warrant Online For Free in North Carolina
Members of the public can easily find out if a person has a North Carolina warrant online for free by accessing databases provided by local authorities, such as a court, city police department, or sheriff's office, as explained earlier. Like other public record searches, no one is expected to disclose their reason for a request or the intended use of a record. That said, nonpublic warrant records will not be released.
How Long Does a Warrant Stay Active in North Carolina?
Most warrants in North Carolina remain active until recalled or quashed by the court or a subject becomes deceased. However, criminal search warrants in North Carolina expire after 48 hours (or two days). Meanwhile, administrative search warrants permitting a search and inspection per N.C.G.S. § 15‑27.2 expire after 24 hours.
How Do I Find Out If I Have a Federal Warrant?
Seeking the expertise of a federal criminal defense attorney when searching for federal warrants is routinely recommended. Such professionals may access resources otherwise unavailable to the average person, which could point to the existence of a federal warrant. An attorney can also explain the appropriate measures for resolving a warrant.
In certain instances, an individual may find out they have a federal warrant after receiving a court notice. However, federal warrants are usually sealed and stored in the US Marshal's Service Warrant Information System (WIN), which is not readily accessible to the public. Thus, most persons will only find out they have a federal warrant when apprehended by federal agents.
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