Forsyth County Arrest Records

Under G.S. 15A-401, peace officers in Forsyth County can initiate an arrest when they possess a warrant for arrest, know of an active warrant and encounter the subject, or have reasonable grounds to believe an individual has committed a crime.

Following an arrest in Forsyth, the suspect is taken into police custody and processed for the offense. For an adult arrestee, this often means that the individual will be taken to the Forsyth County Law Enforcement Detention Center. Meanwhile, a minor may be placed in a juvenile detention center located near their home county ("secure custody"), or they may qualify for residential placement like in a relative's home or foster care ("nonsecure custody"), depending on the gravity of the offense.

Booking (processing) is usually where the arrest record is produced. This record identifies the suspect (including their fingerprints and photograph), states the violation that necessitated the apprehension, and lists the arresting agency, among other information.

By itself, an arrest record merely indicates that a person was suspected of a crime. It does not prove that the individual was ever found guilty or sentenced. For those curious about the legal outcome of an arrest in Forsyth, reviewing the corresponding Forsyth County court records will be necessary.

Are Arrest Records Public in Forsyth County?

Yes. According to the North Carolina Public Records Law, arrests made by law enforcement personnel are considered "public record" and may be disclosed to interested individuals upon request. Still, the law highlights certain records—or parts thereof—as exempt from public release to safeguard the integrity of the criminal justice process or the identifying information of others.

Examples of confidential documents/information include:

• Records whose disclosure would threaten someone's personal safety, mental well-being, or physical health.
• Records whose disclosure would jeopardize the state's right to prosecution or a person's right to a fair trial
• Records whose disclosure would undermine a criminal investigation or criminal intelligence operation
• Records that have been expunged by the court
• Records about the arrest of a minor

Where access to a record has been limited, the North Carolina legislature usually only permits divulgence to the person named on the record, a criminal justice agency for criminal justice purposes, or a party with an order from a court of competent jurisdiction authorizing the release of the information.

What Do Public Arrest Records Contain?

When a member of the public requests an arrest record from a law enforcement agency in Forsyth County, the "public arrest record" is typically disclosed. In other words, it is the public copy/narrative of the arrest record minus any sensitive or confidential data the requester receives.

Compared to the official report, the public arrest record often contains minimal information, per G.S. 132-1.4(c). However, one can discern important details from it, such as:

• The full name of the arrested individual (the arrestee or suspect)
• The sex, age, address, occupation, and photograph of the arrestee
• A physical description of the arrestee, such as physical traits (eye color, height, weight, race, handedness, hair color) and identifying marks (tattoos, scars, pockmarks)
• The charge and its degree (minor infraction, misdemeanor, felony)
• The facts or circumstances surrounding the arrest, including the location, date, and time of arrest, whether pursuit ensued, whether weapons were found on or used by the suspect, and a description of any items seized from the suspect
• The arresting agency/officer
• Bond amount and status, if applicable
• The presiding court, court date, and court docket (case) number

Forsyth County Crime Rate

Comprehensive crime statistics are available through the North Carolina State Bureau of Investigation (NCSBI), which procures these figures from various law enforcement departments across the state. The NCSBI classifies crimes into Group A and Group B offenses, per the NIBRS offense definitions. However, the overall crime rate and volume are calculated based on the designated "index crimes". They include:

• Violent crimes: Murder and nonnegligent manslaughter, aggravated assault, robbery, and forcible rape
• Property crimes: Motor vehicle theft, burglary, and larceny-theft

According to the NCSBI's crime statistics, Forsyth County recorded 15,701 index crimes and a crime rate of 4,114.2 per 100,000 inhabitants in 2022. Property crimes were the predominant offense category, constituting 12,393 offenses (78.9%) and significantly surpassing the 3,308 offenses reported for the violent index crime types.

Among the reporting agencies in Forsyth County, the Winston-Salem Police Department (responsible for overseeing the greater county area) had more offense counts, with 12,769 recorded in 2022. This was followed by the Forsyth County Sheriff's Department, with 1,783 reported offenses, and the Kernersville Police Department, with 1,046 reported offenses.

Forsyth County's most prevalent index offense in 2022 was larceny, accounting for 9,127 offenses.

Forsyth County Arrest Statistics

Forsyth County documented 10,167 arrests in 2022, as reported by the North Carolina State Bureau of Investigation that year. Adults made up the majority of these arrests, amounting to 9,317. The remaining 850 were reported as juvenile (under 18) arrests. Moreover, index crimes accounted for 1,364 of the arrest total; the rest (8,803) were classified as non-index arrests.

In 2022, the offense causing the highest number of arrests in Forsyth County was non-aggravated assault, resulting in 1,390 arrests. This was followed by marijuana possession, with 882 arrests, and larceny-theft, with 863 arrests.

Find Forsyth County Arrest Records

Members of the public have the following options to look up arrest records in Forsyth County.

Query the Arresting/Booking Agency

Under North Carolina's public records law, police departments generate and disseminate documents related to activities undertaken to enforce the law and maintain public order, such as arrests. Therefore, an interested party can simply submit a public records (FOIA) request to an agency's records division or unit.

For example, a request to the Winston-Salem Police Department's Records Unit can uncover arrests made by both the PD and Forsyth County Sheriff's Office. For more information, the PD's Records Unit can be reached at (336) 773-7922.

It is crucial to have at least the first and last name of the person apprehended and the arrest date/location to find related records.

Fortunately, law enforcement departments in Forsyth provide online police-to-citizen (P2C) databases that feature daily bulletins and have event search functions for finding arrest information. These include the Kernersville PD, Forsyth County Sheriff's Office, and the Winston-Salem PD web portals.

However, it should be noted that the police record does not contain court dispositions and is not certified. Further, juvenile arrest records have restricted access.

If a person does not know the agency that arrested someone in Forsyth, they can contact the Forsyth County Sheriff's Records Division for assistance locating the report or agency. Individuals can call (336) 917-7001, submit an email request, or stop by 301 North Church Street, Winston-Salem, NC 27101 for inquiries.

Contact the Clerk of the Superior Court

Another place to find arrest records in Forsyth County is the Clerk of the Superior Court's Office. This office issues certified copies of arrest records and court dispositions to record holders and others.

Individuals can stop by the Forsyth County courthouse at 175 North Chestnut Street, Winston-Salem, NC 27101, during business hours to ask for copies (a fee applies). The subject's full name and date of birth will be needed.

At the same time, a requester may fill out and submit Form AOC-CR-314 via mail to the address below:

Forsyth County Courthouse
P.O. Box 20099
Winston-Salem, NC 27120

Note that Form AOC-CR-314 can be used for in-person requests and costs $25 to submit, regardless of the request method. However, mail requesters can only pay by certified check or money order. In-person requesters have more payment options, including cash and credit card.

Requesters can also use self-service terminals at the county courthouse to conduct a non-certified record check on themselves or others. The search is free, but printing costs apply.

For additional information, one may contact the Clerk's office at (336) 779-6300.

Use the Bureau of Prisons (BOP) Federal Inmate Locator

When a federal agency arrests a person in Forsyth, they may be processed at a local jail facility. In that case, records may exist with the relevant booking department, usually the sheriff's office. However, if the arrestee cannot be found locally, one may search the Federal Inmate Locator to determine the federal holding facility. Notably, arrest information is not available on the database. Details about the arrest may be sought from the arresting federal agency via a FOIA request.

Free Arrest Record Search in Forsyth County

Local police departments and courts do not usually assess costs to inspect arrest records in their custody. Per North Carolina's Freedom of Information Act, such documents are freely disseminated to interested parties online, in person, or via any other recommended means, as explained earlier. However, costs may apply for copy requests.

In addition, there are a number of public records websites (commonly called third-party websites) that provide free arrest record searches to visitors. Admittedly, a fee may be collected from the user to view or print information. However, one advantage of using a reputable third-party vendor is that the user can obtain other public information besides a person's arrest records.

Get Forsyth County Criminal Records

A criminal record presents information about a person's arrests and prosecutions. Commonly called a RAP sheet or criminal history report, this document outlines a person's criminal background.

There are various government repositories that individuals may query for criminal records generated in Forsyth County. If seeking Forsyth-only criminal records, the best place to check is the county courthouse. The Forsyth Clerk of Superior Court handles these requests. Inquirers can obtain certified and non-certified name-based criminal background checks, as detailed in the "Find Forsyth County Arrest Records" section. Certified copies come with the court's raised seal and are sufficient for official purposes.

On the other hand, those who want to research beyond Forsyth County may submit a formal request to the State Bureau of Investigation, North Carolina's central repository for fingerprint-based criminal background checks. It is important to note that only subjects of records and certain entities (i.e., parties who are statutorily authorized to access such information or possess a judicial order or subpoena) can submit such requests.

Any person seeking their SBI records (called a Right to Review) is liable for the $14 processing fee. The requester must send a set of legible fingerprints, proof of identity, and a written request (bearing complete name and address, date of birth, sex, race) to the SBI by US mail. Fingerprinting services are available at local police agencies for a minimal fee. The SBI will send any responsive records to the requester via first-class US Mail.

Other places to find Forsyth County criminal records include:

• The North Carolina Department of Public Safety's Criminal Offender Search: Inquirers can obtain up-to-date incarceration records for those currently serving or who have served prison sentences, as well as those on parole or probation.
• Sex Offender Registries: Individuals can access the National Sex Offender Registry, North Carolina Sex Offender and Public Protection Registry, or Forsyth County Sex Offenders Registry to find out residential and other information about registered sex offenders.
• The Federal Bureau of Investigation: The FBI provides fingerprint-based national criminal record checks to subjects of records for $18/order. This inquiry is called an Identity History Summary Check.

Forsyth County Arrest Records Vs. Criminal Records

Arrest and criminal records are crucial documents within the criminal justice system. They not only reveal information about a person's criminal past but are also useful for criminal justice processes, including tracking offenders and determining the severity of punishment at a sentencing hearing. However, they are not the same type of record.

An arrest record is primarily a law enforcement document that contains information such as the facts and circumstances around an arrest and the identity of the person suspected of the violation.

Conversely, a criminal record goes further than the initial arrest to include the actual charges filed against a person, the case disposition in court (whether the defendant was found guilty or acquitted), and the sentence(s) applied. The record may also contain probation or parole information.

How Long Do Arrests Stay on Your Record?

Generally, arrests remain on a person's record forever. Although many law enforcement records are retained until the conclusion of a case or investigation, arrest records are made part of case files and criminal history records. This makes them subject to varying disposition schedules, as seen in the Functional Schedule for North Carolina State Agencies and County Sheriff's Office Records Retention Schedule recommended by the NC Division of Archives and Records, a section of the Department of Natural and Cultural Resources (DNCR).

The only definitive way for a person to remove an arrest record in Forsyth County is to seek an expungement from the court system.

Expunge Forsyth County Arrest Records

To expunge a Forsyth County arrest record, the subject of the record must request an expungement order from the court. An expungement (or "expunction") is a legal procedure to clear a criminal conviction or charge from an individual's record. If successful, it seals or destroys the state's records of the arrest, charge, or conviction.

To obtain an expungement in Forsyth County (provided the arrest, charge, or conviction occurred there), one must file a petition for expunction with the Clerk of the Superior Court. The relevant forms can be found on the NC Judiciary's Forms website or obtained from the Clerk's office.

A $175 filing fee typically applies to submit the petition. However, certain expungements are free, such as when an arrest led to dismissed charges, when the defendant was found not guilty, or when the record to be expunged belongs to a juvenile. Petitioners unable to afford the filing fee can request a waiver from the court.

In determining whether to grant an expunction, the court may schedule a hearing to ascertain the petitioner's good character. However, the court may proceed with the expungement order without a formal hearing. The expungement process may take several months to complete.

It is important to note that North Carolina has several expunction statutes, each providing relief to different categories of record holders. As such, a person may qualify to file under one statute but be ineligible to file under others. Furthermore, the process to expunge juvenile arrest records differs from that to expunge adult arrest records. Therefore, seeking legal counsel is recommended to determine the benefits or drawbacks of filing under one statute as opposed to another. An attorney may also be able to assist with an appeal if a person's expunction petition is denied.

Anyone whose arrest record was expunged in Forsyth County can deny the incident ever happened without risking a perjury charge (G.S. 15A-153). Notwithstanding, the order might not relieve a person of all repercussions related to a charge or conviction. For example, an expunged record can be used as a prior conviction if the subject is convicted of another criminal offense (see also G.S. 15A-151.5; 15A-151).

Forsyth County Arrest Warrants

Section 15A-304 of the North Carolina General Statutes defines an "arrest warrant" as an official document stating an alleged violation and bearing an order for the suspected offender to be apprehended and held to face the charges.

However, before a judicial official (justice, judge, magistrate, or clerk) can issue a warrant for arrest in Forsyth County, there must be a "showing of probable cause". Otherwise, the warrant is legally invalid.

Probable cause here means that there must be facts or circumstances that justify taking the proposed suspect into police custody, such as a failure to appear though summoned, the severity of an offense, the possibility of the suspect fleeing, or where injury may occur to a person or property. The duty of establishing probable cause lies with the requesting law enforcement officer. The warrant will be released if the court finds the officer's affidavit or oral testimony sufficient.

Forsyth County arrest warrants carry the following details:

• The suspect's full name or a description by which they can be reasonably identified
• The suspect's age, race, and sex
• The suspect's last known address
• A statement of the crime for which the accused is to be arrested
• The agency charged with the execution

Forsyth County Arrest Warrant Search

Someone looking for an active or outstanding arrest warrant in Forsyth County can query the court system or a local police department.

Since the judiciary is responsible for releasing arrest warrants, one can visit the county courthouse during regular business hours to look up court case events via self-service terminals or inquire at the Clerk of the Superior Court's Office.

Additionally, an individual can stop by or contact the police department having jurisdiction over the area. Some agencies, like the Forsyth County Sheriff's Office and Winston-Salem Police Department, also publish warrant lists on their websites.

Do Forsyth County Arrest Warrants Expire?

No. An arrest warrant issued in Forsyth County remains outstanding until the individual named or described therein surrenders or is apprehended by the police. However, a court can recall or quash a warrant upon finding a procedural error in the warrant's issue or new evidence that questions the listed charges or exonerates the suspect.