North Carolina Criminal Records

North Carolina criminal records are public records of citizens' criminal offenses. These records comprise an individual's convictions, charges, and arrests. Not all encounters with North Carolina's criminal justice system result in criminal records. Offenses of less severity, such as minor traffic infractions, are not usually included in criminal records.

North Carolina criminal records, compiled by law enforcement officials in that jurisdiction, detail offenses committed. The Criminal Information and Identification Section's "Department of Public Safety" retrieves and maintains criminal records in North Carolina. When an individual is wrongly charged with a crime in North Carolina, their criminal record may be expunged when the court finds the person was wrongly identified as the crime's perpetrator.

North Carolina has two types of criminal records: arrest and conviction. The state's Criminal Information and Identification Section manages the state's criminal records systems. Employers in North Carolina may conduct background checks on prospective employees to decrease organizational risk and promote workplace safety. State laws mandate background checks for childcare workers when first hired and every five years after that. Government agencies like those that work with correctional centers conduct background checks that include reviewing arrest records, misdemeanors, pending criminal charges, and felony convictions.

What is Included in the Criminal Record?

A North Carolina criminal record contains different types of data. These include:

• Personal data - This includes, among others, the record owner's date of birth, name, race, gender, and address.
• Court-related data includes a mugshot, indictments, fingerprints, arrest history, criminal offenses, conviction records, and outstanding warrants.

Are Criminal Records Public In North Carolina?

North Carolina's public records regulation NC Gen Stat. 9-1 holds that some police records can be considered public information. These include reports like court dispositions, arrest records, and incident reports prepared by law enforcement officials. Citizens can request these records from any North Carolina county's Clerk of Superior Court office. Moreover, records that contain confidential information, like evidence compiled by police officers or witness statements, cannot be accessed without a court order. Federal statutes also prohibit the disclosure of arrest records containing details that could compromise national security or are part of ongoing investigations. Lastly, North Carolina's citizens cannot access juvenile offenders' records or records that have been expunged or sealed.

How to Access Criminal Records in North Carolina

North Carolina criminal records can be accessed online or by mail:

Online Request

The State Bureau of Investigation and North Carolina Courts System have websites with search tools for accessing public records. These can be accessed through the county superior court clerk's office computers. Users must submit their email and password to access the data they need on these sites. Though these two websites provide this data for free, interested parties have to pay for printing fees. The North Carolina Administrative Office of the Courts (NCAOC) also permits responsible third-party vendors to offer this service to members of the public at a fee.

Mail/Paper Request

A different way to access a criminal record in North Carolina is by submitting a paper request. This is done by completing the Form AOC-CR-314 document. Interested parties must print it out, fill in the blanks, and then submit it to the clerk of the court's office with a $25 fee in person or by mail.

What is Considered a Felony in North Carolina?

North Carolina has numerous laws created by case precedent or common law and through statutes ratified by the General Assembly. Per Chapter 14, Section 1 of North Carolina's General Laws, a felony is a serious offense like murder, rape, or the transport of controlled substances. North Carolina has ten felony classes, with Class A felonies being the most severe and Class I felonies comprising the least serious offenses.

The following are the common types of felony offenses committed in North Carolina:

Class A Felonies

These are the most serious criminal offenses under North Carolina law and include the following:

• First-degree murder - The deliberate killing of an individual after willfully planning to do so.
• The unlawful use of various weapons to perpetrate mass destruction - This results in the death or severe injury of many people. This crime could involve using weapons like rockets, grenades, bombs, or missiles that expel projectiles.

Class B1 Felonies

These include the following:

• 2nd- Degree Murder - The accused person may not have set out to kill the victim but intended to cause some bodily harm
• Aggravated Child Molestation - This involves engaging in a sexual act with a child below the age of 13. The perpetrator may be aided by one or more individuals when engaging in this act, resulting in serious physical injury

Class B2 Felonies

These include the following:

• Voluntary Manslaughter - This may involve causing death through the distribution of drugs or irresponsible driving.
• Conspiracy to commit a Class A or B1 offense - This involves facilitating first-degree murder, mass murder, or forcible rape.

Class C Felonies

These crimes include:

• 2nd- Degree Forcible Rape - This involves forcing sexual relations on an individual without obtaining consent
• Kidnapping - This refers to taking a person from one place to another against their will to obtain a ransom.
• Aggravated Assault - This involves inflicting serious bodily harm on another person on purpose.

Class D Felonies

These acts include:

• First-degree Arson - This refers to the intentional and malicious act of setting fire to another's property or building
• Armed Robbery - This applies when an individual involved in robbing others threatens to use a gun or other firearm as a way of coercing the victims to give up their money or goods

Class E Felonies

These include the following:

• Larceny - This involves embezzling property worth between $1,000 and $100,000, engaging in forgery, or having stolen goods
• Common-law Robbery - This refers to using force to take another person's property to deprive him or her of it permanently.

Class F Felonies

They include the following:

• Incest - This refers to sexual relations between related individuals.
• Identity Theft - This involves using someone else's identity to obtain loans or credit.
• Bribery - This refers to receiving or giving valuable items like money to influence how a public official performs a given task.
• Human Trafficking - This refers to the act of coercing men, women, or children into different circumstances to benefit from their sexual exploitation or forced labor.
• Extortion - This involves obtaining products or money from another individual using blackmail or threats

Class G Felonies

These include the following:

• Threatening Witnesses - This involves threatening a person who witnessed a crime to prevent them from testifying to this fact.
• Robbery - This involves breaking into another person's building or car.

Class H Felonies

These include:

• Traffic Misdemeanors - Speeding to flee police officers and avoid arrest
• Property Crimes - Obtaining properties worth less than $100,000 through pretenses
• Breaking Out - Escaping from state prisons
• Causing Unintended Accidents - Hitting a person with a car and then fleeing the scene
• Drug Possession - Being found in possession of cocaine
• Shoplifting - Stealing products from merchants, grocery stores, shopping malls, and supermarkets
• Desecrating Graves - Vandalizing Cemeteries

Class I Felonies

These include:

• Keeping Illegal Substances - Being found in possession of marijuana
• Theft - Perpetrating credit card theft
• Forgery - Forging securities and notes

Penalties For North Carolina Felonies

Different classes of felonies have different penalties in North Carolina. These penalties are:

• Class A felonies carry the penalty of death or life imprisonment without parole
• Class B1 felonies attract a penalty of between one year and life without parole
• Class B2 felonies carry a penalty of imprisonment terms of between 7 years and 32 years
• Class C felonies carry a penalty of between 4 years and 16 years
• Class D felonies have a prison term of between 3 years and 15 years
• Class E felonies carry a penalty of 15 to 63 months in prison
• Class F felonies attract a felony of 10 to 41 months in prison
• Class G felonies attract a penalty of 8 to 31 months in prison
• Class H felonies carry a penalty of between 4 and 25 months in prison
• Class I felonies attract a penalty of between 1 and 12 months in prison

What is a Misdemeanor in North Carolina?

Article 81B of Chapter 15A of North Carolina's general statutes defines misdemeanors as minor offenses usually prosecuted by the State's District Court. North Carolina has four misdemeanor classes, with Class A1 having the most serious misdemeanors and Class 3 misdemeanors being of the least severity.

The following are the common types of misdemeanors committed in North Carolina:

Class A1 Misdemeanors

These types of minor offenses include the following:

• Assaults on women, state employees, and minors below the age of 12
• Violations of court-mandated protective orders

Class 1 Misdemeanors

These include the following:

• The unauthorized use of others' properties and cars
• Being found in possession of drugs worth $400 or less
• Misrepresenting one's identity to access employment security benefits worth less than $400

Class 2 Misdemeanors

These include the following:

• Cyber-stalking
• Card fraud
• Exhibiting disorderly conduct in public
• Resisting police officers
• Indecent exposure

Class 3 Misdemeanors

These minor offenses include:

• Hunting or fishing without a license
• Being intoxicated and causing problems in public
• Writing worthless checks for less than $2,000

Penalties for North Carolina Misdemeanors

Different classes of misdemeanors have different penalties in North Carolina. These penalties are:

• Class A1 misdemeanors carry the penalty of up to 150 days in jail and a fine of the court's choosing
• Class 1 misdemeanors attract a penalty of up to 120 days in jail
• Class 2 misdemeanors carry a penalty of up to $1,000 in fines and 60 days in jail
• Class 3 misdemeanors carry a penalty of up to $200 in fines and 20 days in jail

How Long Does a North Carolina Criminal Record Stay In a Background Report?

Employers in North Carolina often use background reports to determine a prospective employee's suitability for a given role. Background checks are mandatory in sectors where agencies aim to avoid liability claims, comply with industry regulations, and sustain a safe working environment. In North Carolina, background reports typically include a criminal history of misdemeanor and felony convictions. The state's statutes have not limited how long a criminal record remains in a background report. Employers and other interested parties may view a prospective employee's criminal history without hindrance.

Moreover, the public cannot access sealed or expunged criminal records in North Carolina. In addition, some regulations protect workers from discrimination in hiring procedures. The Fair Credit Reporting Act puts a seven-year restriction on the disclosure of bankruptcies, civil lawsuits, arrests not culminating in convictions, paid tax liens, and civil judgments in criminal records. This federal regulation also prohibits reporting pending criminal case details in North Carolina's criminal records.

Sealing and Expungement of Criminal Records in North Carolina

Expunging a criminal record erases an arrest, conviction, and criminal charge from all public records. That means whatever a court expunges automatically becomes private and need not be brought up by the affected party when applying for an apartment, university entry, or job applications. Expungement equips persons committed to rehabilitation with a fresh start by removing the adverse effects of a past criminal record. North Carolina's SB 562law, also known as the Second Chance Act, discusses eligibility factors for the expungement of criminal records in North Carolina. This regulation, ratified by North Carolina's General Assembly in 2020, states that citizens seeking to expunge criminal records must meet specific standards. To be eligible for expungement in North Carolina, the interested party could:

• be a first-time offender convicted of a non-violent offense
• be an individual whose case was dismissed upon completing court-ordered requirements like probation
• be a juvenile offender
• be an accused person whose case was dismissed or who was acquitted

In North Carolina, accused persons may receive unlimited expungements for charges that end in acquittal or dismissal. Additionally, no waiting period needs to be observed before requesting a court to seal acquittals, dismissals, or arrest records. Persons convicted of non-violent felonies must wait ten years before requesting the expungement of their criminal records. Those convicted of non-violent misdemeanors must wait for five years before requesting the expungement of their criminal records. In North Carolina, the expungement process may take up to ten months before completion.