Ashe County Arrest Records

In Ashe County, North Carolina, arrests occur when a law enforcement officer takes an individual into custody. According to North Carolina General Statutes (NC G.S.) § 15A-401, a law enforcement officer may arrest an individual following the issuance of an arrest warrant or if they know of an unexecuted warrant for said person. State statutes also permit arrests without a warrant in specific situations, such as when an offense is committed in the officer's presence or when the officer has probable cause to believe a felony or certain misdemeanors have been committed.

When someone is arrested in Ashe County, the arresting agency typically creates an official arrest record to document the incident. In addition to providing pertinent information about an arrest, various government entities use arrest records data for multiple purposes. They are typically featured within Ashe County Court Records and are utilized by the North Carolina State Bureau of Investigation (NCSBI) to create arrest statistics and compile criminal history records.

Are Arrest Records Public in Ashe County?

Yes, Under North Carolina's Public Records Law, any record a government agency creates or keeps while conducting public business—including arrest reports—is a public record. Consequently, Ashe County arrest records are generally open for anyone to inspect.

However, NC G.S. § 132-1.1 through 132-1.23 exempts certain records and information from public access. These exempt records and information are deemed confidential and are only accessible to eligible parties or to parties authorized by a court order. Some examples of exempt records include, but are not limited to:

• Juvenile arrest records
• Sealed or expunged records
• Sensitive personally identifiable information, such as social security numbers and account numbers.
• Records associated with an ongoing investigation

What Do Public Arrest Records Contain?

The following details are typically found in public Ashe County arrest records:

• The arrestee's personal information: Their full legal name, home address, and age
• The arrestee's physical description: Their height, weight, sex, ethnicity, and hair and eye color.
• The arrestee's mugshot
• Offense Information: Such as a description of their charges, charge type (i.e., misdemeanor or felony), and applicable violated statute.
• Arrest details: Including the arrest location, date, time, and the arresting officer's information. Additionally, a description of weapons that may have been found with the arrestee during the arrest and what happened during and after the arrest.
• Booking details (if applicable)
• Bond amount and type (if applicable)

Ashe County Arrest Statistics

According to the 2023 arrest statistics provided by the NCSBI Crime Reporting Unit's Summary Statistics Report Viewer, there were 857 total arrests in Ashe County in 2023, a 25.83% drop from the previous year's 1,078 arrests. Notable offenses with the highest number of arrests in 2023 include larceny-theft 107 (12.49%), possession of other dangerous drugs 91 (10.62%), non-aggravated assaults 41 (4.78%), driving under the influence 30 (3.5%), and marijuana possession 17 (1.98%).

Find Ashe County Arrest Records

Most Ashe County arrest records are maintained by local law enforcement agencies, such as the Ashe County Sheriff's Office and municipal police departments. After any of their officers make an arrest in Ashe County, these agencies create and preserve arrest records to document the incident. Therefore, record seekers may find Ashe County arrest records through local law enforcement agencies.

Note that the arrest records held by Ashe County law enforcement agencies pertain only to arrests explicitly conducted by their personnel. Therefore, record seekers will need to identify the agency that generated the sought-after arrest record to direct their request to the appropriate agency. This may be either the local police department of the municipality where the arrest occurred or the Ashe County Sheriff's Office. Local police departments have limited jurisdiction and typically make arrests only within their municipalities. In contrast, the Ashe County Sheriff's Office has the general authority to make arrests anywhere within Ashe County.

Suppose a record seeker is uncertain about which local law enforcement agency maintains the arrest record they seek. In that case, they can begin their search by querying the municipal police department where the arrest occurred. Subsequently, they can expand their search to the Ashe County Sheriff's Office. Most agencies primarily accept in-person requests for arrest records that they maintain. In-person requests should be made during regular business hours, and requesters will be expected to provide specific details about the sought-after arrest record to aid in its identification. These details include the arrestee's name, arrest location, and date. The contact information for the Ashe County Sheriff's Office and the County Seat (Jefferson) police department is provided below:

Ashe County Sheriff's Office
140 Government Circle,
Jefferson, NC 28640
Phone: (336) 846-5633

Jefferson Police Department
213 East Main Street,
Jefferson, NC 28640
Phone: (336) 846-5529

Free Arrest Record Search in Ashe County

Record seekers may be allowed to search and inspect arrest records for free in person at Ashe County local law enforcement agencies. However, individuals who request copies of a record are typically charged a fee for the record's reproduction. Record seekers may also find arrest records for free through certain third-party websites. However, free arrest records obtained from these websites are less comprehensive than those from official sources.

How Long Do Arrests Stay on Your Record?

Depending on the record type and the agency's record retention policy, the duration for which Ashe County law enforcement agencies retain arrest records varies. Most agencies (except the County Sheriff's office) follow the Records Retention and Disposition Schedule for Local Government Agencies. Some of the schedule's record retention policies include:

• Arrest records not included in a case file are retained for five (5) years
• Arrest records included in a felony case file are retained for 20 years following the case's resolution or until the case is resolved.
• Arrest records included in misdemeanor case files are retained for three (3) years following the case's disposition or until it is resolved.
• Juvenile arrest records for offenses that, if committed by an adult, would have been classified as Class A, B1, B2, C, D, or E felonies are retained until the juvenile turns 21.
• Juvenile arrest records in all other circumstances are retained until the minor turns 18.

Although custodial agencies may only retain certain arrest records for a limited time, most are reported to the NCSBI and included in a subject's criminal history record. Once included, an arrest remains indefinitely in the subject's criminal history record unless expunged.

Expunge Ashe County Arrest Records

Record expungement, or expunction of record, is a legal process that removes specific arrest records, criminal convictions, or charges from a subject's criminal history, making them unavailable to the general public. In Ashe County, an individual may petition to have their arrest record expunged, provided the record meets the eligibility requirements under any of North Carolina's Expungement Statutes. For instance, arrest records for nonviolent misdemeanors and felonies are eligible for expungement under N.C.G.S § 15A-145.5.

In Ashe County, if an individual's arrest record is eligible for expungement, they can file a petition for record expungement with the Ashe County Clerk of Court's office. Depending on the expungement statute under which a record qualifies for expunction, the North Carolina Judiciary offers different petition forms that prospective petitioners can use to submit an expungement petition. These forms are available on the judiciary's Expunctions page under the "Statute (N.C.G.S.) Records to Which Statute Applies" section, and each comes with instructions for completing them.

Petitioners may sometimes be charged a $175 fee to file an expungement petition. However, if they cannot afford the filing fee, they can use this form to request permission to file an expungement petition as indigent. Once a petitioner completes the appropriate expungement petition form, they can submit it along with the filing fee (if applicable) and other required documents to the Ashe County Clerk of Court's office at:

Ashe County Courthouse
150 Government Circle
Suite 3100
Jefferson, NC 28640
Phone: (336) 219-1400

After receiving the expungement petition, the clerk forwards it to a judge, who may review it without a hearing or schedule one to determine whether the petitioner is of "good character". Subsequently, the judge may approve the petition and issue an expungement order for the petitioned record. The issuing court will also forward the order to relevant government agencies that maintain the expunged record.

Ashe County Arrest Warrants

Per N.C.G.S. § 15A-304, an arrest warrant comprises a statement of crime and an order directing law enforcement officers to arrest the person named in the crime statement for an alleged crime. In Ashe County, a judge, magistrate, or court clerk may issue an arrest warrant upon showing probable cause through an affidavit or oral testimony under oath or affirmation that the prospective arrestee has committed a crime. An arrest warrant may also be granted in other circumstances, such as when the prospective arrestee fails to appear in court after repeated summons.

Do Ashe County Arrest Warrants Expire?

No, Ashe County arrest warrants never expire. They typically remain active until the subject of the warrant is arrested or the issuing court quashes or recalls it.