Haywood County Arrest Records

An arrest record in Haywood County is an official document comprising information about an arrest carried out by local law enforcement agencies. The Haywood County Sheriff's Department is the primary law enforcement agency in the county. This department is also responsible for operating the Haywood County Detention Center, which houses persons who have been arrested in the county. However, the Sheriff's Office is not the only law enforcement agency in the county and, hence, not the only department authorized to make arrests.

Generally, an individual is arrested when there is reasonable suspicion to believe the person has committed an offense. When law enforcement apprehends a suspect, the person is taken into custody and booked before being taken to jail. Depending on the offense, the arrestee may be charged in court to stand trial for their crimes. In such cases, their arrest record is typically infused into the Haywood County court records. Interested parties may search these court records to obtain the final disposition of a criminal case.

Are Arrest Records Public in Haywood County?

Yes. Under N.C. Gen. Stat. § 132, et seq (North Carolina's Public Records Act), Haywood County public records, including arrest records, are generally made available to the individuals for examination. However, not all information documented in an arrest record can be accessed by the general public. Some information is kept private and released only to authorized bodies, such as law enforcement agencies and individuals with a court order. This confidential information generally includes the following:

• Arrest information on ongoing investigations or information that may interfere with an ongoing investigation
• Information that would reveal the identity of a confidential informant or victims of certain crimes
• Arrest record information that may compromise the safety of law enforcement officers or other individuals
• Juvenile arrest records
• Mental health-related information
• Sealed and expunged arrest records

What Do Public Arrest Records Contain?

When an individual accesses an arrest record in Haywood County, the information typically available to the person is the publicly available section of the record. This includes:

• The arrestee's personal information like name, age, gender, and race
• Date, time, and location of the arrest
• The agency responsible for the arrest
• The arrest charges
• Booking details like mugshots, booking number, and bail amount
• The detention center
• Court dates (if applicable)

Haywood County Arrest Statistics

Haywood County local law enforcement agencies report their arrest statistics data to the North Carolina Bureau of Investigation (NCSBI). The NCSBI receives and forwards the data to the FBI's National Incident-Based Reporting System (NIBRS).

Interested parties can view the county's arrest statistics through the FBI's Crime Data Explorer. The researcher may select North Carolina as the state of focus and choose a local law enforcement agency in Haywood County to view their arrest figures.

Note that arrest statistics retrievable from the Crime Data Portal are only as accurate as the information provided by law enforcement agencies. Researchers may also request the data directly from local law enforcement agencies.

Find Haywood County Arrest Records

Inquirers can generally obtain a Haywood County arrest record from the local law enforcement agency that made the arrest. An inquirer may pay a fee to receive a copy of the arrest record. Haywood County arrest records can also be obtained from the Sheriff's Office if the subject of the record is incarcerated in the county jail. To get county inmate information, individuals can contact the automated phone line for the Haywood County Detention Center at (828) 452-6670 and choose option 1. Inmate information is updated every 15 minutes on the system.

North Carolina's Department of Adult Correction (NCDAC) oversees individuals incarcerated by the state. The NCDAC provides an Offender Search feature, allowing users to look up state inmates. The search criteria include last name, first name, offender number, gender, race, ethnicity, birth date, and age range. Researchers can access information on active inmates, active probationers or parolees, and inactive inmates.

If the desired inmate is held in a federal correctional facility, the inquirer can locate the inmate using the Bureau of Prisons (BOP) Inmate Locator tool. An inmate search can be done by inmate name or by number (FBI, INS, DCDC, BOP register number).

Free Arrest Record Search in Haywood County

Individuals looking to access Haywood County arrest records can use third-party platforms. These platforms offer remote access to the county's non-confidential arrest records. Once a record has been located, users can typically view some details without paying a fee.

However, when using third-party platforms, it is important to exercise caution, as not all the information provided may be accurate. An arrest record needed for official purposes should be obtained from the respective law enforcement agency.

How Long Do Arrests Stay on Your Record?

Indefinitely. Law enforcement agencies in Haywood County retain individuals' arrest histories unless instructed otherwise. Under North Carolina law, arrest records are not automatically sealed or expunged. The subject of the record must initiate the process for sealing or expunging a record by formally petitioning the Haywood County court that handled the case. Although an arrest record can be sealed or expunged, the record must satisfy the state's eligibility requirements.

Expunge Haywood County Arrest Records

The expunction of arrest records in Haywood County is made possible under N.C. Gen. Stat. §§ 15A-145 to 15A-153. North Carolina outlines specific criteria regarding which arrests are eligible for expungement and the conditions under which the expungement can occur. Generally, an individual may petition the Haywood County Superior Court for the expunction of their arrest record under the following conditions:

• If the arrest charges against the petitioner were dismissed or led to acquittal
• If the person's arrest charges were the result of mistaken identity
• If the individual was under 20 years of age when the arrest happened, and the offense was a nonviolent one
• If the individual was below 18 years of age and was convicted of a class H felony crime and two years have passed after completing the sentence
• If the person was below 18 (or 21 for alcohol-related offenses) and was convicted of certain misdemeanors and two years have passed after the conviction or probation
• If the person (without age range) convicted of a nonviolent misdemeanor or felony offense and five or ten years have passed respectively after the completion of their sentence

For clarification, a nonviolent crime in North Carolina eligible for expunction is a crime that does not fall under any of the following categories:

• A Class A1 misdemeanor offense or a Class A through G felony offense
• A crime that involves assault
• A crime that requires registration under N.C. Gen. Stat. §§ 14-208.5 to 14-208.32, irrespective of whether the individual is currently required to register
• Certain sex-related or stalking offenses
• Some felony offenses involving methamphetamines, heroin, or the possession of cocaine (with intent to sell or deliver)

Individuals seeking expunction must provide the court with an affidavit confirming their good behavior during probation. A verified affidavit from two unrelated parties attesting to their good behavior may also be required. The petitioner must not have been convicted of any crime during the waiting period for the previous conviction. The fee for the expunction of any arrest record is $175.

If an expunction petition is granted, the court will order the arrest record removed from publicly accessible databases. Law enforcement agencies will also declare it inaccessible to anyone inquiring about it. However, the arrest record will still be electronically available to all prosecutors in North Carolina.

Haywood County Arrest Warrants

Per N.C. Gen. Stat. § 15A-304, a warrant for arrest is a document containing an order directing the arrest of an individual and the crime(s) laid to their charge. Depending on the circumstances, a judge, a clerk, or a magistrate can issue an arrest warrant in Haywood County.

A warrant is issued when a complaint is filed with the court (supported by an oath or affirmation) stating that an individual has violated the law and needs to be arrested. The presiding official then examines the evidence to determine if there is a probable cause for arrest. If probable cause is found, the judge will issue a warrant of arrest or deny the request.

Generally, a law enforcement officer or a private citizen can submit a complaint to the court. If a private citizen makes the complaint, the sitting judge will only issue an arrest warrant if:

• There is a coherent, supportive testimony from a peace officer or at least one disinterested witness establishing probable cause.
• An investigation by law enforcement will put a substantial burden on the citizen [complainant].
• The sitting official finds substantial evidence.

In some cases, a judicial official may issue a criminal summons instead of a warrant of arrest if:

• The suspect has a history of complying with previous summons.
• There is no reason to believe the suspect will fail to appear.
• The suspect is not deemed to be a danger to people or property, and the offense is not severe.

Do Haywood County Arrest Warrants Expire?

No. Arrest warrants do not expire in Haywood County, North Carolina. A warrant remains valid until its demands are fulfilled or it becomes unenforceable, such as in the event of the suspect's death. Individuals who suspect they are wanted for a crime may seek legal counsel on the necessary steps. A proactive attitude towards resolving the warrant can mitigate harsher punishment or more serious consequences.

While an arrest warrant has no expiration date, the court may recall it if necessary. A recall could be due to fault in the warrant or insufficient evidence relating to the suspect's answerability for a crime.