North Carolina Arrest Records

North Carolina's arrest record rate stands at 2,31.9 arrests per 100,000 residents. On average, law enforcement in the state records over 229,000 arrests annually. Simple assaults constitute 14% of these arrests, while arrests from burglary and fraud account for 2% and 1% of arrests in North Carolina.

The arrest rate for all offenses in the United States is 2,181.7 per 100,000 persons, making North Carolina's arrest rate slightly higher than the state's. Compared to neighboring states like South Carolina and Tennessee, which have arrest rates of 2,693.4 arrests per 100,000 persons and 3,638.6 arrests per 100,000 residents. North Carolina's arrest rate is relatively low.

What Is an Arrest Under North Carolina Law?

An arrest occurs when law enforcement officers formally retrain and detain a person. Per Article 20 Section 15A-401 of the North Carolina General Statutes, an arrest is made when a person is taken into custody by the authority of law to charge them with a criminal offense, a delinquent act, or for civil purposes as authorized by law. An arrest is when a law enforcement officer takes a person into custody, depriving them of their freedom for a certain period to answer for a crime,

Type of Arrests in North Carolina

North Carolina classifies generally arrests into two broad categories: warrant arrests and warrantless arrests.

Warrant Arrests

A warrant arrest occurs when law enforcement officers arrest an individual based on an arrest warrant issued by a judicial officer. In North Carolina, a magistrate or judge issues arrest warrants after finding probable cause for a crime. The arrest warrant must specify the name and the offense charged. In North Carolina, probable cause is a reasonable belief that a crime has been committed and that the person arrested is involved. Probable cause goes beyond suspicion. It requires evidence that suggests a crime occurred.

Warrantless Arrests

A warrantless arrest occurs when law enforcement officers arrest an individual without an arrest warrant. North Carolina law further classifies warrantless arrest into the following:

• Arrest with probable Cause: An officer can make a warrantless arrest if they have probable cause to believe that a person has committed a crime
• Arrest out of Presence of Officer: An officer may arrest a person without a warrant if the officer has cause to believe the individual has committed a felony or misdemeanor crime or violated a pretrial release order

Other types of arrest warrant issued by a judge or magistrate in North Carolina typically include:

• Juvenile arrests
• Domestic violence arrests
• Traffic-related arrest
• Public order arrests
• Immigration-related arrests

What Are North Carolina Arrests Records?

Arrest records in North Carolina refer to official documents created and maintained by law enforcement agencies detailing the arrest of an individual. Arrest records generally document all the instances where a person was apprehended and detained by law enforcement. Arrest records are typically created during the booking process after the individual is arrested. An arrest record in North Carolina typically includes personal information such as the full name, gender, address, and date of birth of the offender. Other information generally includes details of the arrest, case information, booking details, and court proceedings.

While arrest records may be a precursor of criminal records, they are distinct. Arrest records typically document an arrest regardless of the outcome of a conviction, acquittal, or dismissal. Criminal records generally include arrest records but extend to all stages of the judicial process. Criminal records are typically a comprehensive history of a person's interaction within the criminal justice system. It may include arrests, charges, convictions, and dispositions.

How Can Arrest Records Be Accessed in North Carolina?

Generally, arrest records in North Carolina are public records accessible to any member of the public. Section 132-1 of the North Carolina General Statutes (NCGS) generally defines public records as all documents, paper, and electronic-data processing records made or received by a public agency in connection with their daily activities are public documents open to the public for inspection and copying. However, the law makes provisions to exclude records, such as juvenile or sealed or expunged records from the public. There are typically three ways to access arrest records in North Carolina. They include:

State Level

The North Carolina State Bureau of Investigation (SBI) maintains a statewide database of criminal history information. Requests for state-level criminal history records, including arrest records, are available through the SBI. Accessing the data via the platform is based on the searcher's specific requests, such as licensing and background checks for employer's requests. Records seekers may fill out the appropriate form, based on the request requirement, and mail the requests to:

FBI CJIS Division - Summary Request

1000 Custer Hollow Road

Clarksburg, WV 26306

Local Level

Arrest records are accessible through the police department and sheriff's offices in the state. To access the document, contact the police department or sheriff's office where the arrest occurred. Follow the specific procedure of the agency, which may include filling out a request form, applying the fees, and providing identification. Requests may be in person, by mail, or online, depending on the agency's policies.

The Courts

The Clerk of the Superior Court is the record custodian for court records, which include arrest records. Access to arrest records through the courts is by visiting the Clerk of the Superior Court in the county where the arrest occurred. Requests for the records may be through the court's online portal, in-person, or by mail. Most counties offer online access to court records through the North Carolina Judicial Branch website.

How Long Will an Arrest Report Stay on Your North Carolina Records?

In North Carolina, arrest records remain on an individual's records indefinitely unless they are sealed or expunged. By implication, unless actions are taken to expunge or seal these records, they remain accessible to the public indefinitely. However, Section 7B-3000 of the NCGS permits juvenile arrest records to be automatically sealed or expunged when the individual reaches adulthood provided they meet specific criteria and have no subsequent offense.

Can You Expunge Your Arrest Records in North Carolina?

Yes. North Carolina law provides for expunging or sealing of an arrest record. Expungement of arrest records refers to the legal process of destroying or hiding the records, making them inaccessible to the public. North Carolina's expungement laws are outlined in Section 15A-145 of the NCGS. Per the law, persons who were acquitted or whose charges were dismissed are generally eligible to petition for expungement. Arrest records without convictions are also eligible for expungement, especially if the arrest did not lead to formal charges or charges were dropped. However, not all arrest records are eligible for expungement in North Carolina. For instance, cases where charges are dismissed based on technicalities rather than innocence are not eligible for expungement.

The process of expunging arrest records begins by petitioning the courts. The petition must be filed at the Clerk of Superior Court in the county where the arrest occurred. Usually, the court schedules a hearing where the judge reviews the petition. Sometimes, the courts may require the petitioner to be present in court. The judge issues a decision based on evidence and the law. If granted, the court erases the records and gives the petitioner a court order confirming the expungement.

Section 15A-146 of the NCGS provides for individuals who were acquitted or whose charges were dismissed. Such individuals may apply for the expungement of the records immediately after the acquittal or dismissal of charges.

Is Citizen's Arrest Legal in North Carolina?

Yes, citizen arrest is legal in North Carolina, with limitations. A citizen's arrest occurs when a private individual detains someone they believe has committed a crime. Private citizens in North Carolina have the authority to make arrests. However, they can only detain someone under specific circumstances as outlined in Section 15A-404 of the NCGS. For a citizen arrest to be lawful in North Carolina, the following conditions must be met:

• Witnessing the Crime: The citizen must have seen the offender committing a felony or misdemeanor crime
• Probable Cause: There must be probable cause that a crime has been committed. Implying that there is a reasonable basis to believe that the person arrested has committed a crime
• Immediate Detention: The arrest should be immediate and made at the scene of the crime
• Reasonable Force: The force used by the arresting party must be reasonable and necessary to prevent the suspect from escaping but not enough to harm them

Police officers are generally empowered to make arrests based on probable cause, but they also make citizen arrests under certain conditions. If an off-duty officer witnesses a crime, they may make a citizen's arrest. Also, if a police officer has probable cause to believe that someone committed a crime, they may make a citizen's arrest, especially if the crime is committed in their presence.

A citizen arrest differs from a false arrest. A citizen arrest is legal. It is made with reasonable belief that a crime has occurred based on evidence or direct observation. Citizen arrest must be made at the place where the crime occurred. A false arrest occurs when someone detains another without legal justification. False arrests lack probable cause. It is the use of excessive force to detain someone without legal authority. False arrests may lead to legal repercussions for the person making the arrests, including criminal charges and civil liabilities.

How to Look Up Arrest Warrants in North Carolina

A warrant is a legal document issued by a magistrate or judge authorizing law enforcement officers to detain or search an individual. Warrants are issued based on probable cause. In North Carolina, warrants may be any of the following types arrest, bench, or search. Arrest warrants are generally issued when there is cause to believe that an individual has committed a crime. They authorize law enforcement to arrest the individual named on the warrant. Bench warrants are typically issued by a judge or magistrate when an individual fails to appear in court. Search warrants allow law enforcement to search a specific location for evidence related to a crime.

Searching for an arrest warrant in North Carolina may be done through various methods. The North Carolina State Bureau of Investigation website provides access to criminal history information, which includes arrest warrants. Most county sheriff's offices in North Carolina maintain an online database where you can search for active warrants. You may visit the county courthouse or police department where the warrant was issued to look up arrest warrants. Also, there are usually third-party websites that aggregate public records, including arrest warrants. These sites may charge a fee to use their services.