North Carolina Arrest Records Search

What is Considered an Arrest in North Carolina?

Per Section 15A-401 of the North Carolina Statutes, an arrest generally refers to the act of taking an individual suspected to have committed a crime into custody by legal authority. An arrest may occur when a law enforcement officer or other authorized person takes physical control of a person to charge them with a crime. Arrests in North Carolina may be made for:

• Felonies: Felonies are the most serious category of offenses in North Carolina, punishable by significant prison time, fines, or even the death penalty in some instances. Felony crimes may result in immediate arrest, with or without a warrant
• Misdemeanors: Misdemeanors are less serious than felonies but still carry the possibility of jail time, probation, fines, or community service.
• Infractions: Infractions are minor violations, typically of traffic laws or administrative rules, and are usually punishable by fines rather than jail time. However, an arrest may still occur if the person fails to comply with a citation or court summons related to an infraction
• Violations of probation or parole: If a person violates the conditions of their probation or parole, they may be arrested without committing a new crime.
• Failure to appear in court: If an individual fails to make an appearance in court after receiving a summons or citation, a bench warrant may be issued for their arrest.
• Domestic violence-related offenses: In North Carolina, specific laws allow for immediate arrest in domestic violence situations, even for misdemeanors, to protect victims
• Juvenile offenses: Minors may be taken into custody for many of the same offenses as adults. However, in North Carolina, the goal is to guide them toward positive behavior through rehabilitation.

An arrest is typically made in North Carolina with a warrant. However, it may happen without one under specific circumstances, such as when a crime is committed in the presence of a law enforcement officer or when the officer has probable cause to believe the person has committed a crime. Probable cause is considered a higher threshold than suspicion and is the standard law enforcement officers use to support or make arrests without warrants.

Note that probable cause is the standard used by North Carolina magistrates before issuing arrest warrants. The state supreme court describes probable cause as when an individual of reasonable caution, who, in good faith and based on practical consideration of everyday life, believes the suspect committed the crime for which they were arrested. Regardless of whether they secure an arrest warrant or make an arrest without a warrant, North Carolina law enforcement officers must testify before a magistrate and describe why they believe they possess or had probable cause to arrest suspects.

The arrest process in North Carolina typically involves the following processes:

• Custody and Control: Custody happens after the arresting officer observes a crime, is informed of a warrant, or develops probable cause for the arrest based on evidence or witness statements. Custody refers to when a law enforcement officer takes a suspect into custody, indicating that they are no longer free to leave. Here, the suspect is under the control of the arresting officer, who takes responsibility for the suspect's safety.
• Legal Authority: Section 15A-401 of North Carolina authorizes a law enforcement officer to make an arrest with or without a warrant. Per subsection b of this section, an officer may arrest without a warrant any individual who the officer has probable cause to believe has committed a criminal offense or violated a pretrial release order entered according to Sections 15A‑534 or 15A‑534.1(a)(2) of the state's General Statutes, in the officer's presence. Other conditions for which a warrantless arrest may be made in the state are outlined in subsection (b)(2), (b)(3), and (b)(4).
• Miranda Rights: Federal and state laws generally require that a suspect be read the Miranda Rights to ensure they understand their rights during the arrest and potential interrogation. The Miranda Rights typically include statements informing the arrestee of their right to remain silent and the right to an attorney. If these rights are not read before questioning, any statements made may be inadmissible in court.
• Physical Restraint: Physical restraint, typically involving the use of handcuffs, may be used to ensure the arrestee does not pose a threat to the arresting officer, themselves, or the public. North Carolina law enforcement officers are trained to apply restraints in a manner that is secure but minimizes injury or discomfort. However, they are permitted to use additional force if required. Under Section 15A-401 (d), a law enforcement officer is justified in using force upon another individual when and to the extent that they reasonably believe it necessary to prevent an arrestee's escape or effect an arrest. The same may be used to defend themself or a third person from what they reasonably believe to be the use or imminent use of physical force while making an arrest or attempting to prevent an escape.
• Booking Process: After an arrest, the suspect is typically transported to a police station or detention facility, where the booking process begins. At the detention center, the suspect's personal information, mugshots, and fingerprints are collected. Personal belongings such as wallets, cell phones, and jewelry are also confiscated until release.

Note that detention and arrest are not the same in North Carolina. Detention refers to temporarily holding a person for questioning or investigation without formally charging them. It is often brief and does not require a warrant or result in criminal charges. For example, law enforcement officers may detain an individual during a traffic stop or while investigating suspicious behavior. Detention is based on reasonable suspicion, a lower legal standard than probable cause.

Arrest, on the other hand, is a formal process where a person is taken into custody, typically because an officer has probable cause to believe they committed a crime. Arrests usually involve physical restraint (such as handcuffing), leading to the individual being charged with an offense. The person is then processed through the legal system, which may include booking, charges, and court proceedings.

What is Unlawful Arrest in North Carolina?

An unlawful arrest in North Carolina generally occurs when a law enforcement officer arrests a person with legal justification. An arrest in North Carolina may be considered unlawful due to the following reasons:

• Lack of Probable Cause: North Carolina laws make probable cause mandatory for an arrest to be lawful. Therefore, if a law enforcement officer in the state arrests a person without sufficient evidence or reasonable belief that a crime has been committed, the arrest is considered unlawful. For instance, arresting someone based on mere suspicion or unsubstantiated allegations violates this standard.
• Arrest Without a Warrant: While North Carolina law allows warrantless arrests in specific situations, many arrests require a warrant for them to be legal. An arrest will likely be deemed unlawful if a warrant is legally necessary but was not obtained before the arrest.
• Mistaken Identity: An arrest based on mistaken identity is unlawful if law enforcement arrests the wrong person due to misidentification. A case of mistaken identity may happen if an individual is arrested based on inaccurate information or if another person's actions are wrongly attributed to them.
• Racial Profiling and Discrimination: Arrests driven by racial profiling or discrimination are typically unlawful. Both federal and state regulations do not allow law enforcement officers to target individuals based on race, ethnicity, religion, or national origin. Arrests are required to be made on evidence of unlawful actions.
• Arrests Outside Jurisdiction: Law enforcement officers generally have authority within specific jurisdictions. An officer making an arrest outside their designated jurisdiction without following the legal procedures required for cross-jurisdictional actions could render the arrest unlawful. Per Section 14-43.1 of the North Carolina General Statutes, a law enforcement officer of a state other than North Carolina who, knowing that they are in the State of North Carolina and purporting to act by authority of their office, arrests a person in North Carolina, other than is allowed under G.S. 15A-403, is guilty of a Class 2 misdemeanor.
• Procedural Violations: The arrest process in North Carolina must follow established legal procedures stipulated under Section 15A-401 of the North Carolina General Statutes. Violations of the procedures outlined in this section and any other relevant arrest law in the state may lead to an unlawful arrest. Errors during the booking process, miscommunication regarding charges, or not informing the individual of the reason for arrest may also constitute procedural violations.

The Fourth and Fourteenth Amendments of the United States Constitution protect citizens from unlawful seizures and ensure they are not deprived of their freedom without due process. An unlawful arrest, therefore, may constitute a violation of these constitutional rights. An unlawful arrest may lead to some consequences such as:

• Exclusion of Evidence: Any evidence obtained during or after the arrest may be suppressed if an arrest is made without probable cause or in unlawful circumstances. Per Section 15A-974 of the North Carolina General Statutes, evidence obtained in substantial violation of the state's arrest laws may be suppressed. Hence, such evidence may be impermissible in court.
• Dismissal of Charges: If an arrest lacks probable cause, violates constitutional protections, or has any other element for which the arrest may be deemed unlawful, state laws allow for the dismissal of charges arising from such an arrest. Under Section 15A-954(a)(4) of the North Carolina General Statutes, the court, on motion of the defendant, must dismiss the charges brought in the criminal proceeding if it determines that the defendant's constitutional rights were violated in the arrest.
• Civil Rights Lawsuits: If you are a victim of an unlawful arrest, you may file for a civil rights lawsuit under 42 U.S.C. § 1983, a federal statute. This law allows United States citizens to sue law enforcement or government agencies for violating their constitutional rights. If you are unlawfully arrested in North Carolina, you may claim a violation of your Fourth Amendment rights, and the lawsuit may result in monetary damages, punitive damages, and the payment of attorney fees by the defendant.

Are Arrest Records Public in North Carolina?

Yes, North Carolina arrest records are generally public under the state's Public Records Law. The North Carolina Public Records Law allows most government records, including arrest records, to be made accessible to members of the public. Note that some details contained in arrest records may be closed to the public.

Typically, sections of North Carolina arrest records open to the public typically include:

• Personal Information: Basic details like the person's name, date of birth, and address at the time of the arrest.
• Arrest Details: These details include the date, time, and location where the arrest occurred.
• Charges
• Booking Information: Booking information includes the time of booking, charges at the time of booking, and fingerprints.
• Bail Information: This includes details about bail amounts, bond conditions, and whether the person is detained or released.

Note that mugshots are also public records in North Carolina. Per state law, any record held by a public entity, including booking photos, may be categorized as a public record. Law enforcement agencies in the state provide access to arrest records and mugshots to individuals and recognized entities.

Non-public sections of North Carolina arrest records typically include:

• Sensitive Personal Information: Certain private details, such as Social Security numbers, health information, or other identifying characteristics, are typically redacted from public records.
• Juvenile Records: Under North Carolina law, arrest records involving individuals under the age of 18 are generally not public. Juvenile offenders are processed in a separate court system, and their records are protected from public access.
• Sealed or Expunged Records: If a court orders the sealing or expungement of arrest records, those records are no longer available to the public.
• Ongoing Investigation Details: Information related to ongoing criminal investigations may be withheld to avoid compromising the investigation or the safety of involved individuals. North Carolina law allows law enforcement to withhold such information until the case is resolved or dismissed.

What are the Types of Arrest Records in North Carolina?

Arrest records in North Carolina are maintained at the local and state levels. At the local level, these records are maintained by county sheriff's offices and local police departments. Records maintained at this level are specific to arrests made within a particular city or county. They contain details such as the arrestee's name, the date and time of the arrest, charges filed, mugshots, booking information, and bail information. These records may be obtained directly from the local law enforcement offices.

At the state level in North Carolina, the arrest records are maintained as part of a broader criminal record, which, in addition to the arrest information, has other details, such as pleas, conviction information, disposition, and probation or parole information. Hence, the information maintained at the level is more comprehensive than that kept by local law enforcement offices. They are a combination of information from all arrests, charges, convictions, and interactions with other state criminal justice systems and operations.

The North Carolina State Bureau of Investigation in the Department of Public Safety is responsible for maintaining criminal records and making access available to the public. Individuals may request their criminal records from this agency.

Where are Arrest Records Kept in North Carolina?

The following agencies generally keep arrest records in North Carolina:

• Local Police Departments or County Sheriff's Office: Local police departments and county sheriff's offices maintain county-level arrest records, which include details on arrests made within their jurisdiction. This is part of their responsibilities in documenting arrests made for minor and major offenses within their geographical area.
• North Carolina State Bureau of Investigation: The North Carolina State Bureau of Investigation (SBI) handles statewide criminal records, which include a comprehensive history of arrests from all law enforcement agencies in the state, including local police, sheriff's offices, and the North Carolina State Highway Patrol.
• City-County Bureau of Identification (CCBI): The CCBI maintains arrest records for Wake County for offenses stated in Section 15A-502 of the North Carolina General Statute. Note that the CCBI does not keep arrest data arising from infractions, citations, or traffic violations that do not meet the statute's criteria.
• North Carolina Courts: Courts in North Carolina maintain paper and electronic records of cases filed in the state's courthouses. These records typically contain arrest records, which the public may access via multiple means.
• FBI: Although states, including North Carolina, have their criminal record repositories for collecting and maintaining criminal history records submitted by law enforcement agencies, the FBI also maintains an automated database for integrating criminal history records and arrest information submitted by the states. Typically, the FBI does not change its record as any inquiry for arrest information on a record must be made to the relevant state authority.
• Correctional Facilities: Correctional facilities, both state-run and federal, maintain detailed records of individuals who have been arrested and are currently serving time or have been detained, including arrest details. Federal and state correctional facilities keep inmate records that are typically available to the public and contain some arrest data.

How To Find Public Arrest Records in North Carolina?

You may find North Carolina arrest records in the following ways:

• Visiting Local Police Departments and County Sheriff's Offices: Local law enforcement agencies, including police departments and county sheriff's offices, maintain arrest records for incidents that occur within their respective jurisdictions. To obtain arrest records from these offices, you must first identify the police department or county sheriff's office that made the arrest for which you want a record. Next, visit the agency's website to determine if online access is available through a request portal, online form, or arrest log. If none of these options are available, go to the agency's address to make an in-person request. You may need to provide specific details such as the name of the person arrested and the date of the arrest. Some agencies might require you to fill out a formal request form. For instance, the Johnson County Sheriff's Office allows the public to search online arrest records from the last 15 days. Also, the Mecklenburg County Sheriff's Office makes arrest data available online on its website.
• North Carolina Bureau of Investigation: The State Bureau of Investigation (SBI) offers public and authorized entities criminal background checks. The SBI generally allows personal background checks to be completed via fingerprinting. This record check consists of a search for previous arrests and associated dispositions, if available, for which the SBI received a fingerprint card from an arresting agency in North Carolina. The process does not include any criminal history information that may be maintained at the national level or by another state. To access your criminal record via this method, you must submit a complete set of legible fingerprints, including all ten fingers. Exceptions are made for finger amputations and other deformities. You may obtain a set of your fingerprints at your local law enforcement agency (police department or sheriff's office) on an FD-258 Applicant Fingerprint Card.

Also, you must submit a completed Right to Review form and include a certified check or money order of $14 (for each request) payable to the NC State Bureau of Investigation. Multiple checks may be submitted in the same envelope. Submit the completed form, payment, and complete set of fingerprints to:

Note that the SBI accepts requests only by US Mail. In-person direct delivery is not permitted. The search results will be sent to you by first-class US Mail as the SBI does not use shipping alternatives like FedEx or UPS.

• City-County Bureau of Identification (CCBI): If you want a record from the CCBI for an arrest occurring after April 27, 2007, you may use the CCBI Criminal Arrest Records Portal. Otherwise, you may submit a mail request to the CCBI. The Bureau provides a certified copy of an arrest record for $15 per name searched. Certified copies may be obtained by mailing a request and check or money order of the $15 per name searched to:

To submit your request in person, schedule an appointment with the CCBI before your submission visit.

For instructions on using the online Arrest Records Portal to access arrest records, see the CCBI's Arrest Records Portal User Guide. For inquiries about data contained within an arrest record, contact the CCBI at (919) 856-6300 or, regarding the CCBI Criminal Arrest Records Portal, send a mail to the CCBI at ccbi.arrestrecords@wake.gov. Note that the CCBI only maintains arrest records for Wake County.

• North Carolina Courts: Court records in North Carolina for arrests leading to court cases typically contain some information on arrests. You may access this information by contacting the courts where the cases were filed. Most North Carolina courthouses have public terminals that requesters may use to search for court records by defendant name, case number, or party name. If you want paper records, you may have to visit the clerk of court's office in the county where the case was filed. Copies of these records may be made for a fee.

Note that for counties participating in the state's electronic court record program, you may be able to search online for case information and court records by case number, attorney information, or party name for records in such jurisdictions.

• Third-Party Websites: Several third-party websites generally provide access to arrest records for North Carolina and other states nationwide. These platforms aggregate public record information from various sources into a single, searchable database but may charge a fee to use their services. To use third-party sites, you may look for a reputable site to perform your search. For instance, RecordsFinder is typically highly regarded by users and offers a convenient and quick way to access North Carolina arrest records. However, users should exercise caution as records on such platforms may not be current or accurate.

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

In North Carolina, arrest records typically remain on your criminal record permanently unless you take legal steps to have them sealed or expunged. However, under the state's Second Chance Act, if all charges in a case are disposed of on or after December 1, 2021, and are dismissed without leave, dismissed by a North Carolina court, or result in a finding of not guilty or not responsible, the charges and the related arrest record may be automatically expunged.

How To Seal or Expunge an Arrest Record in North Carolina?

An expunction in North Carolina is generally a legal process required to remove a criminal charge or criminal conviction from a person's record and to destroy or seal the state's arrest record, charge, and conviction. If you have had an arrest record expunged, you may legally deny that the incident happened. Under state law, you cannot be found guilty of perjury for denying that an expunged arrest record or conviction ever occurred. Note that the terms 'sealing," "expunction," and "expungement" all mean the same in North Carolina and are therefore used interchangeably.

You must wait a certain period before applying to expunge criminal records in North Carolina. However, if your case was dismissed or acquitted, you may qualify for immediate expungement of the associate arrest record. Eligibility for expungement depends on the type of offense and when it occurred.

Typical waiting periods for expungement in North Carolina are:

• One non-violent misdemeanor: The state allows for expungement of arrest records associated with a non-violent misdemeanor five years after the date of the conviction
• More than one non-violent misdemeanor: If you want to expunge arrest records related to more than one non-violent misdemeanor, you must wait seven years after the date of your last conviction or seven years after you complete any sentence, probation, or post-release supervision to apply for expunction
• One non-violent felony: To expunge one non-violent felony, you must wait 10 years after the date of the conviction or 10 years after you complete any sentence, probation, or post-release supervision
• Up to three non-violent felonies: To expunge arrest records related to up to three non-violent felonies, you must wait 20 years after the date of the conviction or 10 years after you complete any sentence, probation, or post-release supervision.
• Traffic violation misdemeanor: If you are not yet 18 and commit a traffic violation misdemeanor, you may be eligible for expunging the arrest record in two years.

Note that not all arrest records are eligible for expunction. If you were convicted of a violent crime, the state does not allow for the expunction of arrest records related to such convictions. These violent crimes typically include:

• DWI/DUI
• Sex offenses
• Violent felonies
• Crimes against children
• Any conviction involving an assault

To be certain that the arrest record you want expunged is eligible for expunction under North Carolina laws, it is generally recommended that you hire the services of an experienced expungement attorney. The attorney's services may also help petition the state for expunction.

The first step in preparing for an expunction application is to obtain a copy of your criminal record from the State Bureau of Investigation (SBI). The record's information, such as the date of arrest, charge, or disposition, will be required to complete the necessary forms.

After that, you must complete the necessary forms. The state requires different forms depending on the circumstance of the record to be expunged. The following are North Carolina expungement forms:

• Expungement of one or more non-violent convictions for offenses committed before the age of 18
• Expungement of charges that did not result in conviction (Dismissed Charges or Disposed "Not Guilty")
• Expungement of one or more non-violent misdemeanor convictions
• Expungement of one first-time conviction of a non-violent felony
• Expungement of a first-time conviction of certain drug offenses before age 22

If you receive benefits such as SNAP or food stamps, Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), or are represented by a legal aid organization that primarily serves low-income individuals, you may automatically qualify for an expungement fee waiver. In that case, you would need to complete and submit an Indigent Fee Waiver Form. If you do not receive any of these benefits, you may also complete a Civil Affidavit of Indigency to request a fee waiver.

After completing the appropriate petition, file it with the clerk in the county where the charge or conviction occurred. It is recommended that you call the court clerk's office to understand the specific process in your county as the filing requirements may vary by county. Note that you will pay a $175 petition filing fee at the clerk's office.

However, if the expungement you seek is for charges not resulting in conviction (dismissed or disposed of not guilty), there is no expungement filing fee. If the charge was dismissed under a plea agreement or as a deferral dismissal, you must pay the $175 filing fee.

Your petition will be sent to the SBI to complete a federal and state background check. After, it will be sent to the AOC (Administrative Office of the Courts) to determine whether you have previously received an expunction. The information gathered is then sent to the office of the county clerk.

In certain counties, the clerk will submit your petition directly to the judge presiding over the expungement proceeding for review and issuance of an order. In other counties, the clerk will notify you once the petition is processed, requiring you to schedule a hearing where a judge will review and decide on the petition. This procedure may differ based on the county and the specific type of expungement petition filed.

If the court schedules a hearing, you will need to make an appearance and explain why your arrest record should be expunged, and the judge will also determine whether you have good character. If you seek an expungement based on dismissed charges, the judge may decide in your case without a hearing based on your record.

If your petition is approved, the clerk will provide you with a copy of the expungement order and send it to various agencies, such as the relevant police department and the SBI, directing them to remove the record from public access. This process may take several months to complete.

If your expunction is denied, you may be able to appeal the court's decision. However, the North Carolina Judicial Branch generally recommends contacting an attorney as soon as the court's determination is made. This is because there may be a short deadline within which an appeal of the court's decision may be made.

Once the arrest record is expunged, it should no longer appear on public background checks. However, some government agencies, such as law enforcement, may still have access to the expunged arrest records. If details about your arrest record, charge, or conviction remain accessible through North Carolina court system databases weeks after your expungement is approved, you should contact the clerk of court's office in the county where the expungement was granted. For records still accessible via third-party databases, such as websites collecting criminal and arrest records, you will need to contact such websites directly with proof of your expungement. Note that an expungement does not automatically erase information from all private databases.

Alabama Arrest Records by City

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