Cherokee County Arrest Records

In Cherokee County, North Carolina, arrest records are documents that reveal information about arrest events. Such records typically include the arrestee's data, arrest charges, incident date and location, booking date, mugshot, witnesses' testimonies, and bond information.

Arrests become necessary when an individual violates state or federal laws. Peace officers have the legal right to conduct arrests and may do so with or without an arrest warrant. The law allows officers to arrest without a warrant if they witnessed the criminal incident. After an arrest, officers may book and detain the arrestee pending the outcome of subsequent investigations.

Arrest records are under the purview of law enforcement agencies. For instance, the Cherokee County Sheriff's Office creates and maintains records of arrest events. Arrest information is also accessible in public files maintained by other agencies. For instance, Cherokee County court records concerning criminal case proceedings may include criminal charges, bond information, and testimonies from witnesses or victims.

Are Arrest Records Public in Cherokee County?

Yes, public members can access most arrest records in Cherokee County. North Carolina's Public Records Act supports public access to government-generated records. In addition, the state law requires custodian agencies to maintain and disclose the records to interested parties. For instance, record seekers can obtain arrest records by making an in-person request to the county sheriff's office at this address:

577 Regal Street
Murphy, NC 28906
Phone: (828) 837-2589

Nevertheless, the state laws restrict public access to specific arrest information. The excluded record usually contains information that may endanger concerned parties' lives, like the arresting officer or crime victim. Examples of restricted arrest records include:

• Arrest records that are classified as exempt or confidential under statutes.
• Sealed or expunged arrest records.
• Law enforcement records that help to monitor, anticipate, or prevent potential crimes from occurring.
• Documents that contain photographs, surveillance, laboratory tests, and witnesses' statements.

Cherokee County Arrest Statistics

The North Carolina State Bureau of Investigations (NCSBI) generates an annual crime and arrest statistics report for all the state's counties. Per the agency's report, the Cherokee County sheriff's department made 462 arrests in the Group B category, such as driving under the influence, drunkenness, and disorderly conduct. There are no reports for group A arrests.

Conversely, the state's Department of Public Safety creates and provides access to incarceration reports. Per the report, Cherokee County's correctional facility housed 404 inmates between 2020 and 2021.

Find Cherokee County Arrest Records

Persons or entities can find arrest information in inmate records. Such records mostly contain post-arrest data like the mugshots, charges, description, booking date, arrest document number, and bond amount.

In Cherokee County, you can search inmate records by conducting searches on government-owned online repositories. North Carolina's Department of Corrections hosts an online searchable database for inmates, parolees, and absconders. Inquirers using the platform must input relevant search details to generate search results.

In contrast, you can use the Federal Bureau of Prisons' Inmate Locator to find inmate records. The search platform provides information on offenders currently serving sentences in federal penal institutions.

Cherokee County Arrest Records vs. Criminal Records

Cherokee County arrest and criminal records are different in these ways:

They contain different crime-related information

Arrest records contain arrest-related information. Such records typically contain an arrestee's personal information, criminal charges, incident date and time, and bond information. In contrast, criminal records contain all information regarding an individual's criminal history. Public members may find court and arrest information in criminal records.

The records are under the jurisdiction of different agencies.

Arresting agencies like the county sheriff's office are the designated custodians of arrest records. The agency is responsible for creating, maintaining, and disclosing the record to interested parties. Conversely, criminal records are under the purview of state agencies like the NCSBI or the NCDPS. These agencies collate criminal records by collecting information from arresting agencies, courts, and incarceration facilities.

How Long Do Arrests Stay on Your Record?

In Cherokee County, arrest records will remain visible in your background records unless they are sealed or expunged. There are specific legal processes for expunging arrest records. For instance, the state law requires you to file a petition with the county superior court clerk's office. Nevertheless, not all arrest records can be expunged or sealed from public view.

Cherokee County Arrest Warrants

Cherokee County arrest warrants are written directives that authorize peace officers to arrest suspected offenders. Court judges may issue arrest warrants after receiving an affidavit from arresting officers. The affidavit must show proof that the suspect committed a crime.

Arrest warrants issued in Cherokee County must include the following information:

• The arrestee's names, aliases, known addresses, and physical features.
• Criminal charge and description.
• Warrant issuance date and time.
• Court document number.
• The court judge's name and signature.

Do Cherokee County Arrest Warrants Expire?

No, arrest warrants issued in Cherokee County do not expire even after the statute of limitations for the crime has elapsed. Note that warrants only expire when the defendant gets arrested or the court revokes them. To determine if you have an active warrant, contact the county sheriff's office via email or call (828) 837-2589.

Expunge Cherokee County Arrest Records

Under North Carolina laws, you can expunge arrest records by petitioning the county court. The court will then set up a hearing date to review the petition and make a decision.

You can immediately file a petition to expunge arrest records if the charges were dismissed. However, you must wait for a specific timeframe if the arrest charge led to a conviction. Case in point: you must wait five to ten years after completing the court sentence to expunge non-violent misdemeanors and felonies. For more than one non-violent misdemeanor, you must wait for seven years after completing the court sentence or program.

Who is eligible to expunge arrest records in Cherokee County?

You are eligible to expunge arrest records if:

• The arrest charges were dismissed.
• You were charged with a felony or misdemeanor before December 1, 1999.
• The court dismissed the case or passed a not-guilty verdict on or after December 1, 2021.

How to expunge arrest records in Cherokee County

Follow these steps to expunge arrest records in Cherokee County:

1. Create a petition that contains these documents:
   1. The Right to Review form to request a name-based search for your criminal records.
   2. A signed affidavit stating that no outstanding payments or fines from civil judgments exist.
   3. Affidavit that the petitioner has maintained good moral conduct and has not been convicted of a crime within the waiting period.
   4. Verified affidavit of the petitioner's good conduct from two persons who are not family or blood relatives.
2. Send the petition to the Cherokee County Superior Court clerk's office at:
   75 Peachtree Street.
   Murphy, NC 28906
   Phone: (828) 835-7740

Upon receiving the petition, the clerk will forward a copy to the district attorney's office. The attorney has up to 30 days to object to the petition. Then, the court will set up a hearing date to review the petition.