Johnston County Arrest Records

Pursuant to G.S. § 15A-401, a Johnston County law enforcement officer can arrest with or without a warrant. If an officer is making an arrest based on a warrant, they can proceed with the arrest whether or not they have the warrant in their possession. An officer can make an arrest without a warrant when:

• They have probable cause to believe a person has committed a crime or violated a pretrial release order in their presence.
• They have probable cause to believe a person has committed a felony or
  • A misdemeanor under G.S. 50B-4.1(a)
  • A misdemeanor and arrest are necessary
  • A misdemeanor under G.S. 14-72.1, 14-134.3, 20-138.1, or 20-138.2
  • A misdemeanor pursuant to G.S. 14-33(a), 14-33(c)(1), 14-33(c)(2), or 14-34 when the alleged offender and the victim have a personal relationship (G.S. 50B-1)
  • Has violated a pretrial release order pursuant to G.S. 15A-534 or G.S. 15A-534.1(a)(2).

After the arrest, the arresting officer creates a report and enters all information collected from the arrestee into the system. The information is usually available for public perusal at the Johnston County Sheriff’s Office. If the case goes to court, individuals can request Johnston County court records to view the case information associated with the arrest.

Are Arrest Records Public in Johnston County?

Yes, arrest records are public in Johnston County. The North Carolina Public Records Law grants individuals the right to inspect, examine, and copy arrest records from any Johnston County law enforcement agency. However, the state exempts certain arrest records from public disclosure. Confidential arrest records are only open to an authorized few, such as the subject of the record, their immediate family members, legal representatives, and criminal justice agencies. Below are some arrest records closed to the public:

• Juvenile arrest records
• Criminal investigation and intelligence records
• An arrested person’s medical records
• Any arrest record whose disclosure will reveal the identity of a confidential source
• Arrest records containing security information or detailed patterns, plans, or practices associated with prison or local confinement facilities operations.
• Records that contain particular security information or detailed patterns, plans, or practices to prevent or respond to gang, criminal, or organized illegal activity.
• Mobile telephone numbers that are provided by a local, county, or state government to a sworn law enforcement officer or non-sworn public law enforcement agency employee.
• The name and address of a complaining witness whose disclosure would:
  • Likely materially compromise a pending or future criminal investigation or intelligence operation
  • Pose a threat to the complaining witness's mental and physical health or personal safety.
• Any arrest record whose disclosure will jeopardize a defendant’s right to prosecution or a fair trial or undermine a pending or future investigation.

What Do Public Arrest Records Contain?

A public arrest record maintained by Johnston County law enforcement agencies contains the following information:

• The arrestee’s mugshot and full name
• Age, sex, and race
• Charge and booking agency
• Date of arrest
• Bond amount and type

Johnston County Crime Rate

Johnston County law enforcement agencies provide crime statistics to the North Carolina State Bureau of Investigation (NCSBI), which is published on its Annual Summary Reports page. The report revealed that Johnston County’s index crime rate was 1,455.3 per 100,000 in 2022, a decrease from 2021 (1,551.5). The violent crime rate totaled 147.2, and 1,308.1 was for property crime rate. The Johnston County Sheriff’s Office has a total crime index offenses of 1,632 in 2022, where property crimes were 1,494 and violent crimes were 138. The three crimes mostly committed by residents were larceny (1,067), burglary (284), and motor vehicle theft (143).

Johnston County Arrest Statistics

About 174,275 arrested persons were housed in the North Carolina Department of Adult Correction (DAC) in FY 2022-2023. Approximately 3,321 of the arrestees were from Johnston County. This number was the same as the previous fiscal year.

Find Johnston County Arrest Records

Inquirers can find Johnston County arrest records online or in person at the North Carolina Department of Adult Correction (DAC). The DAC has an Offender Public Information Search / Offender Locator that can be used to submit online requests. A search can be conducted using a name and offender ID. In-person requests can be made at any of the State Prisons. The requester must provide the arrested person’s name, offender number, or birth date to facilitate the search.

Requesters can also find Johnston County arrest records at federal law enforcement agencies. Most of these agencies provide arrest records publicly upon request. The easiest way to find their records is online. Mail and in-person requests are also acceptable. For example:

• The Federal Bureau of Prisons (BOP) issues arrest records online through its Inmate Locator to Johnston County residents. The search criteria are by number (BOP register number, DCDC number, FBI number, or INS number) or name (first, middle, or last). The BOP also permits in-person arrest records requests at its facilities during business hours.
• The U.S. Immigration and Customs Enforcement (ICE) provides access to arrest records electronically through its Online Detainee Locator System. The search parameters are by A-Number or biographical information. Individuals can also visit any of the ICE field offices or detention facilities to request arrest records during business hours.
• The Federal Bureau of Investigation (FBI) provides copies of their arrest records online, by mail, and through approved channelers to subjects of records. The FBI charges $18, payable by credit card using the Credit Card Payment Form, money order, or certified check for such services. Individuals making requests online must visit a participating U.S. Post Office location to submit their fingerprints electronically. The processing time is 15 days, but mail requesters should expect results within 20 days. Anyone who wants to request by mail must complete an Applicant Information Form and send it to:

FBI CJIS Division – Summary Request
1000 Custer Hollow Road
Clarksburg, WV 26306

• The United States Capitol Police (USCP) allows members of the public to view arrest summary reports online. The search can be filtered using a CFN number, crime date, crime summary, or crime type. The USCP also issues arrest records by mail, but requesters must submit a Request Form. The processing time is between 7 and 10 days. The USCP will deliver the arrest record by fax, mail, or email, or the requester can pick it up in person at the office. The mailing address is:

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

Free Arrest Record Search in Johnston County

Individuals can search for recent arrest records for free on the Johnston County Sheriff’s Office’s (JSCO) website. Go to the Arrest Search portal and conduct an arrest record search using a name (first and last name) or date range. Record seekers can also find free arrest records via the Inmate Search tool. Users can select a last name, first name, arrest date, or charge description from the drop-down menu to sort the listing.

Copies of arrest records can also be obtained from third-party websites. A name is usually required to conduct the search. A search usually returns basic information on all arrest records carrying the search name for free. However, users need to pay a small fee for full arrest reports.

Get Johnston County Criminal Records

The Johnston County Clerk of the Superior Court issues certified and non-certified criminal records (also called background checks). Individuals can conduct a search by name. They can obtain certified copies of criminal records by completing and printing Form AOC-CR-314. The form can be submitted by mail or in person at the clerk’s office. The form must be accompanied by a fee of $25. Acceptable payment forms for mail-in requests are money orders and certified checks. The Clerk does not accept personal checks. In-person requests can pay their fees by cash, credit card, money order, or certified check. Uncertified copies of criminal records can be obtained in person through the public access computers available in the clerk’s office. They can also be retrieved by email at Johnston.Criminal@nccourts.org. The Clerk’s office is located at:

Johnston County Clerk of the Superior Court
207 E Johnston St
Smithfield, NC 27577
Phone: (919) 209-5400

Individuals and businesses can obtain unofficial copies of criminal records from approved third-party vendors. Businesses can access criminal records remotely through the North Carolina Administrative Office of the Courts’ (NCAOC) Remote Public Access program (RPA). The NCAOC charges $495 for a one-time connection, $70 for each extra user ID needed, and a $0.21 access fee per transaction.

The North Carolina State Bureau of Investigation (NCSBI) also issues Johnston County criminal records to members of the public. Subjects of records can request a copy of their criminal history record by mailing a Request for Access to Criminal History Record Information—Right to Review Form to the SBI. The requester must submit the form alongside a fee of $14 (payable by certified check or money order) and a complete set of legible fingerprints printed on an FD-258 Applicant Fingerprint Card. The Johnston County Sheriff’s Office provides fingerprint services for its residents. The requester must visit the office with a valid driver’s license carrying their correct physical address, and a fee of $15. The SBI accepts and delivers criminal records results by mail. The mailing address is:

NC State Bureau of Investigation
Criminal Information and Identification Section
Attention: Applicant Unit — Right to Review
3320 Garner Road
Raleigh, NC 27610

Individuals who want to conduct a criminal records check on others should contact the Johnston County Clerk of Court. They must be willing to pay a fee of $25 for such services.

Johnston County Arrest Records Vs. Criminal Records

The major difference between an arrest and a criminal record is that criminal records contain the court’s final decision. An arrest record only shows that a person was apprehended by a law enforcement officer. It only lists the arrestee’s personal information, the offense that was committed, and the name of the arresting officer and agency. However, a criminal record provides a comprehensive information of the arrest from the booking information to the final disposition.

How Long Do Arrests Stay on Your Record?

Arrests permanently remain on a person’s record in Johnston County. However, arrested persons can choose to expunge their records to make them unavailable to the public. After the expungement, the person will not be found guilty of perjury if they refuse to acknowledge that the arrest, charge, or conviction ever happened. Inquirers can review the County Sheriff's Office Records Retention and Disposition Schedule provided by the North Carolina State Archives to know the retention period of some arrest records in Johnston County:

• Arrested person’s mugshots are kept for three (3) years if not part of a case file.
• Arrest processing (tracking records) are kept for one (1) year after the arrest date.
• Detention facility physical force records are available in the office for three (3) years.
• Arrest processing (DWI tracking records) are kept for two (2) years after the arrest date.
• Any arrest reports that are not made part of a case file are kept for five (5) years from the arrest date.
• Criminal history records and arrest reports that are part of felony case history files are kept for twenty (20) years if the case is solved.
• Criminal history records and arrest reports that are part of misdemeanor case history files are kept for three (3) years if the case is solved.
• Juvenile case history files (incident and arrest reports) are kept until the juvenile reaches 18 or 21 years of age, depending on the charges.
• Inmate incarceration records (including arrest sheets) are kept for three (3) years after the inmate is released or transferred from the facility.

Expunge Johnston County Arrest Records

In Johnston County, expungement is used interchangeably with expunction. An expungement is a legal process of removing a person’s criminal conviction or charge from their arrest records and sealing or destroying them. North Carolina Law provides several expunction statutes for different crimes committed in the state. Some statutes allow the expungement of some specific types of crimes, such as drug possession, while others provide a broader range of offenses but for a few groups of people. Some statutes focus on charges like convictions and dismissed cases. Review the N.C.G.S. § 15A-145 through 153 to know the cases eligible for expungement in Johnston County.

Some eligible individuals can petition the court for expungement immediately after the case ends. This is typical of cases where the charges were dismissed. Others might have to wait for a period before they can expunge their records. For example, the court may require that they complete there sentence before they begin the expungement process.

Eligible individuals should download the appropriate expungement forms and file them with the Johnston County Clerk of Court. The court charges a filing fee of $175 for such service. However, individuals whose cases were dismissed or ended in a “not guilty” verdict are not required to pay a filing fee. Those who cannot afford to pay the filing fee can file a complete Petition To Proceed As An Indigent form with the court. The expungement process might take several months, depending on several factors. The judge will sign an expungement order and file it with the clerk if the expungement is granted. A notice of the expungement order will be sent to all law enforcement agencies with files associated with the arrest. The records in their custody will be destroyed, including the expungement order itself. The clerk will also send a copy of the order to the requester. A person whose expungement request was denied might be able to appeal the court’s decision. After an arrest record is expunged, a person can request a certificate verifying a prior expunction but copies of the expungement order will not be available. Individuals can request the certificate by submitting an Application for Certificate of Verification of Prior Expunction or Discharge form to the North Carolina Administrative Office of the Courts.

Johnston County Arrest Warrants

Pursuant to N.C.G.S. § 15A-304, an arrest warrant contains a statement of the crime committed by a person and an order directing a law enforcement officer to arrest such person and hold them to answer to the charges against them. An arrest warrant is always issued based on probable cause supported by oath or affirmation. The arresting office must take the accused into custody and bring them before a judge without delay. A justice of the Supreme Court can issue an arrest warrant, a judge of the superior court, a district court, or court of appeals, a clerk, or a magistrate.

Johnston County Arrest Warrant Search

The Johnston County Sheriff’s Office no longer provides arrest warrant information over the phone. However, individuals can visit the office during business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) to conduct an arrest warrant search. They must bring a valid ID to obtain the necessary records.

The Johnston County Sheriff’s Office
2875 US HWY 70 BUS E
Smithfield, NC
Phone: (919) 989-5010
Fax: (919) 989-5039
Email: info@jcso.org

Do Johnston County Arrest Warrants Expire?

No, they do not expire. Arrest warrants do not also have expiry dates. However, the issuing judge can recall or quashed them if there is a good reason for it.