Dare County Arrest Records

Under N.C.G.S. § 15A-401, an officer can make an arrest with or without a warrant. An arrest without a warrant can occur if the officer has probable cause to believe that the individual has committed a criminal offense or violated a pretrial release order. Following the arrest, the officer records all details of the incident and the offender and ensures that this information is stored in the Dare County Sheriff's Office database. These records become publicly accessible after some time per state law. Once the offender is processed in jail, the arresting officer transfers the arrest records to the court handling the case, where they can serve as evidence. Consequently, finding arrest information in Dare County court records is not unusual.

Are Arrest Records Public in Dare County?

Yes. The North Carolina Public Records Law provides a broad right of access to law enforcement agencies' arrest records. The law allows the inspection and copying of an offender's arrest records through the Dare County Sheriff's Office or local police departments. However, these agencies sometimes restrict access to some arrest records for privacy-related reasons. Some examples of confidential arrest records in Dare County include:

• Medical records of offenders
• An arrest record of minor offenders
• Criminal investigation and intelligence records
• Arrest records whose release would reveal a confidential source's identity
• Arrest records containing security information or detailed patterns, plans, or practices of prison or jail operations.
• A mobile telephone number given by a government to a sworn law enforcement officer or non-sworn public law enforcement agency employee.
• Arrest records whose disclosure will affect an arrested person's right to prosecution, a fair trial, or undermine a future investigation.

What Do Public Arrest Records Contain?

Public arrest records in Dare County contain the following information:

• The inmate's mugshot, full name, gender, and race
• Inmate ID, height, weight, age, and eye and hair color
• Booking date and time
• Charge code and description
• Bond amount

Dare County Arrest Statistics

The North Carolina Department of Adult Correction (DAC) 's Annual Statistical Report shows that about 174,275 people were arrested in FY 2022-2023. About 1,010 of these people were arrested in Dare County.

Find Dare County Arrest Records

The North Carolina Department of Adult Correction (NCDAC) houses about 30,000 inmates, including Dare County offenders, incarcerated in all the 53 prisons in the state. Arrest records of these offenders are available online or in person at the prison facilities. The NCDAC has several Criminal Offender Search tools that allow individuals to find arrest information for free. The primary search criteria for using this tool are name, offender number, gender, race, birth date, age range, and ethnic group of the inmate.

Record seekers can also find arrest records online, by mail, or in person at federal law enforcement agencies. Most agencies, like the Federal Bureau of Prisons (BOP) and U.S. Immigration and Customs Enforcement (ICE), have online portals and facilities across the countries where individuals can view or copy arrest records. The United States Capitol Police (USCP) also processes arrest summary requests by mail. Interested persons can complete the Request Form and send it to:

United States Capitol Police
Reports Processing Section
119 D Street, Ne
Washington, DC 20510

Free Arrest Record Search in Dare County

Dare County residents can obtain arrest information for free online and by phone from the Sheriff's Office. Interested persons can go to the press release section of the agency's website to view information on daily arrests made by law enforcement officers. They can also call the office by phone at (877) 627-2826 to submit arrest record requests.

Record seekers can also find free arrest records on third-party platforms. They will need a name or arrest date to view the desired records. However, the search will only return basic information sufficient to identify the record without charges. In-depth searches will require a small fee.

How Long Do Arrests Stay on Your Record?

Most arrests remain permanently on record, but some are subject to retention periods that allow for their removal. The North Carolina State Archives uses the County Sheriff's Office Records Retention and Disposition Schedule booklet to reveal the timeframe of some arrest records like:

• Arrest processing is kept for one (1) year after the date of the arrest
• Records of detention facility physical force are kept for three (3) years
• DWI tracking records are retained for two (2) years after the arrest date
• Inmate mugshots are kept for three (3) years if they are not part of a case file
• Arrest reports excluded from case files are kept for five (5) years from the arrest date
• Inmate incarceration records are kept for three (3) years after inmate transfer or release
• Juvenile case history files are kept until the minor becomes an adult, depending on the charges.
• Arrest reports and criminal history records related to felony case history files are kept for twenty (20) years if the case is solved. Those associated with misdemeanor case history files are kept for three (3) years.

Expunge Dare County Arrest Records

The terms "expungement" and "expunction" are interchangeably used to refer to removing or destroying a person's arrest record. However, not all charges are eligible for expungement in Dare County. Therefore, individuals seeking to expunge their arrest records should review the N.C.G.S. § 15A-145 through 153 to determine their eligibility. Eligible applicants can download the appropriate Petitions for Expunctions Forms on the North Carolina Judicial Branch website and file them at the Dare County Clerk's Office. There is a general filing fee of $175 for the expungement of arrest records. If the judge grants the expungement request, they will sign an expungement order to that effect. The Clerk will send a copy of the order to the petitioner and relevant agencies who need to destroy all files related to the arrest, including the expunction order itself.

Dare County Arrest Warrants

According to N.C.G.S. § 15A-304, an arrest warrant is a document that outlines the crime the defendant is accused of and includes an order for their arrest. The Supreme Court justice, a superior or district court judge, a clerk, or a magistrate will issue an arrest warrant based on probable cause supported by oath or affirmation. An arrest warrant must contain the defendant's name, the judge's signature, the issuing date, the county where the warrant was issued, the offense committed by the defendant, and the offense code. A warrant of arrest unexecuted within 180 days must be returned to the issuing court with a reason why it was not executed (G.S. § 15A-301).

Do Dare County Arrest Warrants Expire?

No, arrest warrants do not expire in North Carolina. They remain valid until the issuing judge arrests or recalls the defendant. A judge can recall an unexecuted warrant when it determines there is no probable cause for its issuance.