Lincoln County Arrest Records

Arrests occur daily in Lincoln County because citizens break state laws and county ordinances outlined in North Carolina General Statute § 15A-502. Law enforcement can make arrests with or without a warrant as per § 15A-401 of North Carolina statutes.

After an arrest is made, the suspect is taken to a police station, where they are questioned, booked, and held either temporarily or for more extended periods, depending on the severity of the crime committed and the evidence to support it. Arrest records are created during this process to document information about the arrest. This information keeps track of law enforcement activities and is used as criminal statistical data. Lincoln County arrest records are also an important part of judicial records and may be accessible in Lincoln County court records.

Are Arrest Records Public in Lincoln County?

Yes. Arrest records in Lincoln County, North Carolina, are often regarded as public documents and are open to the public. This implies that anybody, including public and media members, can request and obtain arrest records. However, specific categories of arrest records are exempt from public disclosure. This might result from a court order making a particular record confidential or a general state statute protecting certain arrest records from public disclosure. Arrest records are exempt from public disclosure if they fall into the following categories:

• Per NCGS § 132-1.4, if the arrest records constitute a component of criminal investigation records and records of criminal intelligence information.
• If the arrest records, as defined by NCGS § 132-1-4, pertain to juveniles.
• If the disclosure of the arrest records will compromise public safety
• Public Lincoln arrest records may have redacted or omitted sensitive personal information, such as social security numbers.

What Do Public Arrest Records Contain?

A public Lincoln County arrest record usually details the following information.

• The name of the arrested individual
• Suspect last known address
• Physical description of the suspect
• The time and date of the arrest
• The charges
• Cause of arrest and warrant number for arrest (if any)
• The name of the arresting agency and officer
• The facility where the arrested person is held
• Arrest report
• Bail/bond information
• Date of court appearance (if set)

Lincoln County Arrest Statistics

Summary Data from the North Carolina State Bureau of Investigation reveals 2231 arrests made by law enforcement agencies in 2023. Most arrests were made for the sale and possession of narcotics and other dangerous drugs (409), which accounted for 18.3% of the total arrests made in that year. The second most arrests were for simple assault (298), which made up 13.3% of arrests. Theft (184) accounted for 8% of the arrests. Some everyday criminal activities made up of arrests were burglary (65) and aggravated assault (64), each making up approximately 3% of the total arrests recorded.

The least number of arrests was for rape and manslaughter, with only 1 (one) arrest made for each.

Find Lincoln County Arrest Records

Interested persons can find Lincoln County arrest records at the county sheriff's office or any police department in the county. Every law enforcement office has created a way for members of the public to request these records in person at their offices or through the mail. As Earlier stated, arrest records are part of Lincoln County judicial records. Hence, they can also be requested from the county clerk's office by performing a criminal records request and specifying arrest records as the records of interest. Individuals can visit the county sheriff's office to obtain Lincoln County records in person and complete a public records request form. Requestors must include the following information on the form.

• The name of the arrestee
• The arrestee's date of birth, race, and gender
• The date of the arrest
• Reason for request

Staff at the office will immediately furnish copies of the records if the records of interest are correctly described and distinguished from similar records in the request. Inquirers also have the option of requesting records from the county court clerk. The Administrative Office of the Courts created and maintains a criminal records system that is only name-based and accessible to the Lincoln County court clerk. This system allows users to perform criminal records and retrieve arrest records, but only if the arrest results in charges and a court appearance. The county court clerk charges a $25 fee to use this service.

Persons searching for individuals temporarily held, arrested, or incarcerated in a Lincoln County jail can make inquiries by contacting the arresting agency. The county sheriff's office runs the county jail. Individuals can find information on incarcerated persons by contacting the county sheriff's office. The department also maintains a list of inmates held within its facilities, updated every 24 hours.

Free Arrest Record Search in Lincoln County

A free arrest record search in Lincoln can also be done via third-party websites. The advantage of these sites is that they are easy to use, and they can allow access to similar public records in one place. However, The free versions of third-party resources are sometimes limited. Individuals need to use pay-per-search versions of third-party websites for more detailed arrest records that include arrest reports.

How Long Do Arrests Stay on Your Record?

The length of time an arrest remains on a record primarily depends on the type of crime committed and if the arrest leads to a conviction. Most arrest records will stay on a person's record until they are eligible and apply to have their records sealed or expunged. However, the North Carolina Legislature's Section 15A-146 establishes automatic erasure for certain arrest records in which the defendant was found not guilty or acquitted. Arrests for serious and violent crimes that lead to convictions are much harder to have expunged and, in most cases, will remain on a person's criminal record forever.

Expunge Lincoln County Arrest Records

In North Carolina, "expunction" is another term for expungement. Expungement is a legal procedure of Removing a criminal conviction or charge from a person's record and sealing or destroying the state's records of the arrest, charge, and conviction.

Generally, arrests that result in acquittal or dismissal in court and those involving mistaken identity are easily expungeable. Following a court case, these groups can petition the court right away. Some of the other persons who are eligible to have their arrest records expunged include:

• Persons with convictions for minor misdemeanors
• Persons with certain drug offenses who have completed a court-mandated rehab program
• Individuals with non-violent felonies such as identity theft and acquiring property by false claims
• Prostitution charges
• Alcohol infractions

Eligibility for expungement also depends on the number of arrests and convictions a person has and if they were juveniles while committing certain crimes. People can have a violent felony expunged, provided that the charge was dismissed or they were found not guilty. However, the waiting period is contingent upon the charge and the defendant's age if they were found guilty of a non-violent felony. Additionally, there is a 5-10 years before a person can be eligible for expungement if they were convicted of a crime.

Individuals can follow these steps to have their Lincoln County arrest records expunged:

• The first step is to use the State Bureau of Investigation's (SBI) "Right to Review" procedure to get a copy of the petitioner's criminal history record information. Anyone can accomplish this online or by calling SBI at (919) 582-8660.
• The next step involves filing the petition form in the Lincoln County court where the arrest took place with all charges, matching docket numbers, and retrieving file numbers from the arrest history file. The county court clerk's office staff will assist in this process.
• The petition form must be notarized by a judge and contain the relevant North Carolina General Statute. If this information is not provided, the application will be immediately refused.
• Petitioners must pay a $175 filing fee to file for expunction. However, specific expunction statutes, such as those that expunge charges that were dropped or resulted in a "not guilty" verdict, do not demand payment.
• Depending on the evidence in the petition, the court might fix a hearing date or expunge the records without a hearing.

Lincoln County Arrest Warrants

A Lincoln County arrest warrant is a Lincoln County court document that includes a description of an alleged offense and an order requiring the subject of the arrest to be taken into custody and held accountable for the allegations against them.

An arrest warrant is usually granted when a magistrate or judge has enough information, backed up by an oath or affirmation, to determine on their own that there is reasonable suspicion that a crime has been committed and that the subject of the warrant did it. Lincoln County arrest warrants can be obtained at the records division of the Lincoln County Police Department or County Sheriff's Office; individuals can visit any law enforcement location and request arrest warrants. Interested persons can also request lists of active arrest warrants by calling the county sheriff's main office at (704) 732-9050 or the city police department at (704) 736-8900.

As per § 15A-304 Of the North Carolina legislature, an arrest warrant contains the following information:

• The name of the accused person
• The defendant's last known address
• The crime committed by the accused
• The date and time the warrant is issued
• Signature of the issuing judge
• An order to apprehend the suspect

Do Lincoln County Arrest Warrants Expire?

No, Lincoln County arrest warrants do not expire. Arrest warrants must be returned to the issuing court 180 days after being issued with a reason for the failure of service or execution noted. However, this does not invalidate the warrant's execution after this period.