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Davidson County Arrest Records
An arrest occurs when a law enforcement officer takes a person suspected of violating state law or local ordinance into custody. An arrest can be made with or without a warrant. After the arrest, the suspect would be brought to the Davidson County Detention Center. The law enforcement officer will take the suspect's mugshots and fingerprints and enter their biographical information into the jail database. The police officer will bring the arrested person before the judge for arraignment and bond hearing. The judge will also set a trial date. If the defendant is found guilty during trial, the judge will sentence them to prison.
The Davidson County Sheriff's Office is the official custodian of arrest records. Since arrest records are public, individuals can query the Sheriff's Office for such information online or in person during business hours. Arrest records may also be contained within case information where they are relevant to a judicial proceeding. Residents interested in such information may also request Davidson County Court Records from the Superior Court.
Are Arrest Records Public in Davidson County?
Yes. The North Carolina Public Records Law gives the public the right to inspect, examine, and get copies of public records, including arrest records. Therefore, anyone can request arrest records from any law enforcement agency like the Sheriff's Office or Local Police Departments in Davidson County. However, the law prohibits certain arrest records from public disclosure. Examples of confidential arrest records are:
- Juvenile arrest records
- Investigatory records
- Medical records of arrested persons
- Arrest records whose disclosure will reveal the identity of a confidential source
- A complaining witness's name or address whose disclosure would likely materially compromise an active or future criminal investigation or intelligence operation or pose a threat to the complaining witness's mental and physical health or personal safety.
- Any arrest record whose disclosure will jeopardize the right to prosecute a defendant, the right of a defendant to receive a fair trial, or undermine an ongoing or future investigation.
What Do Public Arrest Records Contain?
Most arrest records, like arrest warrants and reports, are public in Davidson County. They usually contain information on the circumstances surrounding an arrest. Inquirers should be able to find the following information in an arrest record:
- Biographic information (name, address, gender, age, weight, height, ethnic group, birth date, age, and race)
- Bail bonds (bond type, initial amount, and remaining)
- Arrest details (incarceration and conviction date, arrest date, agency, and location)
- Offense details (offense date, time, and description, counts, related incident, offender number, and court reference)
- Inmate, probation, parole, incarceration, or post-release status
- Sentence details (sentence number, type, date range, penalty, class code
Davidson County Crime Rate
The North Carolina State Bureau of Investigation (N.C.S.B.I.) publishes crime rates on its Crime Statistics page. The 2022 report reveals that the Davidson County Sheriff's Office records approximately 1,348 crime indexes, with violent crimes totaling 72 and property crimes totaling 1,276, representing a 2% decline from 2021. That same year, Davidson County had 1,654.4 crime rates per 100,000, representing a 1,766.4 decline from 2021. The highest crimes were larceny (809), burglary (325), and MVT (142).
Davidson County Arrest Statistics
The North Carolina Department of Adult Correction (D.A.C.) was home to the 174,275 arrested persons in F.Y. 2021-2022. 3,302 of them are from Davidson County. This was a decrease from the 3,361 arrested persons in the state prisons in F.Y. 2020-2021.
Find Davidson County Arrest Records
The North Carolina Department of Adult Correction (D.A.C.) has several online databases where requesters can find arrest records. However, the public can use the Offender Public Information Search / Offender Locator to perform a free search. The search criteria are by name and offender I.D. Individuals can also visit any State Prison to conduct arrest record searches. The record staff will require basic information about the arrested person to process the request.
Individuals can retrieve nationwide arrest records from federal sources. Therefore, individuals can inspect or retrieve copies of arrest records from federal law enforcement agencies. These agencies provide access to arrest information through various methods. For example:
- The Federal Bureau of Prisons (B.O.P.): Davidson County residents can arrest records online or at any B.O.P. facility. Online requests should be made using the Inmate Locator on the B.O.P.'s website. The search criteria are by number (B.O.P. register number, D.C.D.C. number, F.B.I. number, or I.N.S. number) or name (first, middle, or last).
- The U.S. Immigration and Customs Enforcement (I.C.E.): Inquirers can use the Online Detainee Locator System to locate Davidson County individuals arrested by the I.C.E. The search parameters are by A-Number or biographical information. Requesters can also contact a local field office or the specific I.C.E. detention facility for arrest records.
- The Federal Bureau of Investigation (F.B.I.): Record seekers can inspect or obtain copies of their arrest records online, by mail, and through approved channelers. The F.B.I.'s Criminal Justice Information Services Division (C.J.I.S.) charges $18 for criminal records payable by credit card using the Credit Card Payment Form, money order, or certified check. Online requesters must visit a participating U.S. Post Office location to submit their fingerprints electronically as part of electronic requests. Online requests take 15 days to process, while mail requests take 20 days. Mail applicants must submit a completed Applicant Information Form to:
FBI CJIS Division – Summary Request
1000 Custer Hollow Road
Clarksburg, WV 26306
- The United States Capitol Police (U.S.C.P.): Interested individuals can obtain arrest summary reports from the U.S.C.P. online or by mailing a Request Form to:
United States Capitol Police
Reports Processing Section
119 D Street, Ne
Washington, DC 20510
Free Arrest Record Search in Davidson County
Davidson County residents can find free arrest information on the Sheriff's Office website. Upon reaching the website, click the Detention Center menu at the top bar. Click the Active Inmate List menu to view the arrest information of incarcerated individuals. Requesters can filter their search by using the search fields under the header names. After finding the desired record, click the full name link to view details about the arrested person.
Alternatively, individuals can find Davidson County arrest records on third-party portals. These portals usually offer search options by name for multiple jurisdictions. At the initial stage, the search only returns free arrest information. However, extensive searches attract a small fee.
Get Davidson County Criminal Records
Record seekers can request name-based certified criminal records for themselves and others at the Davidson County Clerk of Superior Court Office. Note that this is not a statewide search. Requests can be made by mail or in person during business hours. The applicant would be required to complete Form AOC-CR-314 and pay a fee of $25. Mail requesters can pay their fees by money order or certified check. The court does not accept personal checks. In-person requesters can make payment by cash, credit card, money order, or certified check.
Interested persons can conduct a statewide criminal records search at the North Carolina State Bureau of Investigation (N.C.S.B.I.). The S.B.I. only issues non-certified fingerprint-based criminal history background checks by mail. Applicants must fill out a Request for Access to Criminal History Record Information - Right to Review form. Obtain a set of their fingerprints at their local law enforcement agency (police department or sheriff's office) on an FD-258 Applicant Fingerprint Card. Mail the complete request form, fingerprint cards, and a $14 fee payable by certified check or money order to:
N.C. State Bureau of Investigation
Criminal Information and Identification Section
Attention: Civilian Services Unit — Right to Review
Post Office Box 29500
Raleigh, NC 27626-0500
Applicants who are unable to pay the $14 fee can request a fee waiver by including a claim and proof of indigence, such as a notarized affidavit of indigence in their mail package. Requesters can check the status of their fingerprint-based criminal history background checks by submitting a status request to CIIShelp@ncsbi.gov. The N.C.S.B.I. does not provide same-day expedited service. The processing time for criminal history records is between seven (7) and twenty (20) business days from the time of receipt. The records will be sent to the requester by mail via U.S.P.S.
Davidson County Arrest Records Vs. Criminal Records
An arrest record is an official document that provides information about the circumstances surrounding a person's arrest by a law enforcement agency. It does not contain information on the outcome of the case. It only focuses on the arrest details. Everything else after the arrest will be available in the criminal record document. A criminal record is a legal document containing information retrieved by criminal justice agencies on arrested individuals. They consist of the arrestee's personal and arrest details, detentions, indictments, other formal criminal charges, and dispositions (like acquittal, sentencing, correctional supervision, or release).
How Long Do Arrests Stay on Your Record?
Arrests stay permanently on record in Davidson County. Arrest records can only be erased or destroyed via expungement. However, the North Carolina State Archives provides a County Sheriff's Office Records Retention and Disposition Schedule that reveals when certain records are destroyed in Davidson County. For example,
- Mugshots of arrested persons are destroyed after three (3) years if not part of a case file.
- Arrest processing (tracking records) are retained for one (1) year after the arrest date.
- Arrest processing (D.W.I. tracking records) are destroyed two (2) years after the arrest date.
- If arrest reports are not made part of a case file, they are retained for five (5) years from the arrest date.
- Juvenile case history files (incident and arrest reports) are destroyed when the juvenile reaches 18 or 21 years of age, depending on the charges.
- Inmate incarceration records (including detainee's arrest sheets) are destroyed for three (3) years after the inmate is released or transferred from the facility.
- Arrest reports that are part of felony case history files are destroyed after twenty (20) years if the case is solved.
- Arrest reports that are part of misdemeanor case history files are destroyed after three (3) years if the case is solved.
Expunge Davidson County Arrest Records
In Davidson County, the terms "expungement" and "expunction" are used interchangeably. An expungement is a legal process to remove a criminal conviction or charge from an arrested person's record and to seal or destroy such record. Requesters must review N. C. G. S. § 15A-145 to 153 to determine their eligibility for expungement before filing a request. Individuals might be able to petition the court for the expunction of arrest records almost immediately after the case is over, while others may require waiting periods (like a few years or after completing a sentence). Petitioners must file the necessary petition for expunction forms with the Davidson County Clerk of Court. Below are the lists of cases eligible for expunction in Davidson County and links to the petition forms and instruction sheets for each case:
- Gang offenses
- Prostitution offenses
- Nonviolent felony(ies)
- Misdemeanor convictions
- Toxic vapors convictions
- Nonviolent misdemeanor(s)
- A Nonviolent felony under the age of 18
- Conviction after the pardon of innocence
- Drug or drug paraphernalia convictions
- Identity Theft - not guilty dismissal or charge set aside by court
- Toxic vapors or drug paraphernalia offenses, dismissed or defendant acquitted
- Dismissal of charges resulting from identity theft or mistaken identification
- Drug offenses which are dismissed after conditional discharge under G.S. 90-96(a) or (a1)
- D.N.A. records upon appellate reversal of conviction or upon pardon of innocence
- Toxic vapors offenses dismissed after conditional discharge under G.S. 90-113.14(a) or (a1)
- Criminal charge (or alcohol infraction before 12/1/1999), with a finding of not guilty or not responsible
- Criminal charge (or alcohol infraction before 12/1/1999), dismissed pursuant to deferred prosecution or conditional discharge (effective 12/1/2014)
- Criminal charge (or alcohol infraction before 12/1/1999), dismissed not pursuant to deferred prosecution or conditional discharge (effective 12/1/2014)
The filing fee for an expunction petition is $175. However, arrested persons whose charges were dismissed or whose cases ended in a "not guilty" verdict can file for expungement for free. Petitioners who cannot afford to pay the expungement fee can file a Petition To Proceed As An Indigent Form. The expunction process can take several months to complete, depending on the time to schedule a hearing and check criminal records. If the petition for expungement is granted, the judge will sign the expunction order and forward it to the Clerk of Court. The Clerk will provide the petitioner with a copy of the order. The Clerk will send a notice of the expungement to all law enforcement agencies maintaining criminal records. Upon receiving the notice, they will destroy all documents related to the criminal procedure, including the expunction order. Petitioners whose expungement request was denied can appeal the court's decision.
Davidson County Arrest Warrants
Per N.C.G.S. § 15A-304, an arrest warrant is a legal document issued based on a showing of probable cause supported by oath or affirmation that orders the arrest of a person accused of a crime. In Davidson County, a judge of the Superior Court or District Court can issue an arrest warrant. The executing law enforcement officer must bring the arrested person before a judicial official without unnecessary delay after the arrest (N.C.G.S. § 15A-501). Typically, an arrest warrant contains a statement of the crime committed by the accused, the issuing date, the suspect's name or a detailed description of the person, an order to make an arrest, and the judge's signature.
Davidson County Arrest Warrant Search
Inquirers may begin an arrest warrant search in the court where the warrant was issued. Requesters can visit the Davidson County Superior Court or District Court to request arrest warrants from Monday to Friday, 8:30 a.m. to 5:00 p.m. The record staff would require basic information about the arrest warrant to facilitate the search. The Davidson County Courthouse is located at:
Davidson County Courthouse
110 West Center St
Lexington, NC 27292
Phone: (336) 242-6701
Record seekers might be able to retrieve arrest warrant information by phone or in person at the Davidson County Sheriff's Office. Phone requesters should call (336) 242-2100 to make their inquiries. A name or warrant number will be required to process the request. Typically, arrest warrant inspections are free, but copies of such requests might come with a cost. In-person requests should be made at:
Davidson County Sheriff's Office
2511 East U.S. Highway 64
Lexington, NC 27292
Alternatively, requesters can visit the police department in the city where the arrest warrant was issued to request arrest warrant records. For example, the Lexington Police Department permits residents to request a copy of a police record, including an arrest warrant, by phone at (336) 243-3302.
Do Davidson County Arrest Warrants Expire?
Davidson County arrest warrants do not expire. They remain active until executed by a law enforcement officer or the warrant is recalled and quashed. Arrest warrants are public in Davidson County, so it can be easy to apprehend the named person on the warrant.