Macon County Arrest Records

Macon County arrest records are documented records of arrests made within the county. These records are generated when law enforcement officers arrest and book individuals into custody for criminal offenses. A Macon County arrest record of the arrested individual, the alleged offense, booking photo, and other information relevant to the arrest.

The Macon County Sheriff's Office is responsible for generating and maintaining arrest records in the county. Local police departments also create and preserve records of arrests made within their jurisdictions. These records are deemed public material in North Carolina and can be obtained from law enforcement agencies in Macon County. They can also be found in related criminal justice records, like Macon County court records.

Are Arrest Records Public in Macon County?

Yes. Arrest records are public in Macon County under North Carolina Public Records Law (NC Gen. Stat. § 132). This means that information about arrests made by law enforcement agencies in Macon County is generally available for public viewing and copying. However, certain arrest records may be exempt from public access due to privacy laws, court orders, and statutes. Common exemptions include:

• Juvenile arrest records
• Expunged records
• Sealed arrest records
• Records related to ongoing law enforcement investigations
• Records whose disclosure may violate a person's privacy
• Records about sensitive cases, such as domestic violence, witness protection, and rape victims.

Note: Individuals seeking to access restricted or exempt arrest records data or information can only do so with a court order. The court typically grants access to confidential or exempt records only if the need for accessing the record outweighs the reason it was originally sequestered or restricted.

What Do Public Arrest Records Contain?

A public Macon County arrest record contains:

• Personal information of the arrested individual, including their name, age, date of birth, and any known aliases
• Physical description of the arrestee (height, weight, gender, race)
• Photograph/mugshot
• The date, time, and location of the arrest
• The arresting agency
• The circumstances or reason for the arrest
• The charges filed
• Booking information (i.e., date and time of booking, booking number, photo)
• Custody information (i.e., jail or detention facility, release date—if applicable, and conditions of release).
• Bail or bond amount (if applicable).

Macon County Arrest Statistics

According to the "Arrests by Offense for all Agencies, 2023" from the North Carolina State Bureau of Investigation (NCSBI), Macon County recorded 1,046 arrests in the year. The offenses and their arrest count were as follows: Robbery (1), forcible rape (2), aggravated assault (6), burglary (28), larceny-theft (19), motor vehicle theft (6), simple assault (35), stolen property (5), vandalism (8), weapons possession (13), sex offenses (2), possession of opium and cocaine (14), possession of marijuana (11), DUI (60), disorderly conduct (4), offenses against family and children (3), prostitution (2), among others.

Find Macon County Arrest Records

Macon County arrest records are public records and accessible to anyone. Interested persons should contact the Macon County Sheriff's Office (Monday through Friday) to request access to these records. Copying fees apply.

Macon County Sheriff's Office
Law Enforcement Center
1820 Lakeside Drive
Franklin, NC 28734
Phone: (828) 349-2104
Fax: (828) 349-2275

Individuals can also submit requests to police departments within the county for records of arrests made within their jurisdictions. For example, individuals can contact the Franklin and Highlands Police Departments for arrests made by their officers.

Franklin Police Department
218 West Palmer Street
Franklin, NC 28734
Phone: (828) 524-2864

Highlands Police Department
372 Oak Street
P.O. Box 1718
Highlands, NC 28741
Phone: (828) 526-9431
Fax: (828) 526-9326

Free Arrest Record Search in Macon County

Per the North Carolina Public Records Law, persons can search for, view, and obtain copies of Macon County arrest records from law enforcement agencies in the county. However, these agencies may request nominal fees to facilitate public arrest records searches and provide copies.

In addition to official sources, individuals can use third-party aggregate websites to conduct Macon County arrest record searches. These sites typically provide user-friendly searchable databases that allow users to find specific arrest records for free. However, third-party sites operate independently of any law enforcement agency. As such, the accuracy, volume, and reliability of arrest information on these sites often vary.

How Long Do Arrests Stay on Your Record?

Indefinitely. Macon County arrests remain permanently on a person’s record unless sealed or expunged under NC Gen. Stat. § 15A. While sealing exempt arrest records from public access, expungement removes or erases arrests from the record. However, this is subject to individuals with arrest records meeting the eligibility requirements for sealing or expungement.

Expunge Macon County Arrest Records

Expungement in North Carolina is a legal process that "erases" or seals a person's criminal record, including arrest records for certain offenses and in certain situations. This removes the arrest, charge, or conviction from public records. Individuals with arrest records in Macon County can file petitions for expungement to the Macon County Superior Court. Under NC Gen. Stat. § 15A-145, arrests that qualify for expungement include:

• Those with dismissed charges or not-guilty verdicts
• Arrests of first-time non-violent offenders
• Drug violation arrests with completed substance abuse treatment
• Arrests made by mistaken identity
• Arrests of persons pardoned by the Governor of North Carolina.

Persons who qualify can follow the steps below to file for expungement of their arrest records:

• Obtain a certificate of Verification of Prior Expunction from eCourts
• Complete the specific expunction petition form for the offense type (i.e., gang offenses, prostitution offenses, nonviolent misdemeanors, drug offenses, etc.)
• Pay the $175 filing fee (or apply for a financial hardship fee waiver)
• Submit the completed petition form and proof of payment to the court clerk (Macon County Superior Court)
• Await court decision (with or without a hearing).

If the court grants the petition, it will sign an expunction order, notifying all government entities concerned to destroy the specified records.

Macon County Arrest Warrants

A Macon County arrest warrant is a legal order directing law enforcement to arrest and take into custody individuals for criminal offenses, violating probation, or contempt of court (NC Gen. Stat. § 15A-304). Authorized judicial officials, such as judges and magistrates, are responsible for issuing Macon County arrest warrants.

Before issuing an arrest warrant, the judicial officer must establish probable cause—a reasonable belief that the person named in the warrant has committed a crime or violated a court order. Probable cause can be established by an affidavit and/or oral testimony under oath. Per NC Gen. Stat. §15A-304, a Macon County arrest warrant must contain:

• An order for arrest directing law enforcement to take the accused into custody and bring them without delay before a judicial official to answer to the charges against them
• The statement of the crime
• The name and identifying information of the accused
• The name and signature of the issuing judge or magistrate
• Date, time, and location of issuance.

Note: Individuals can contact the Sheriff's Office or local police in Macon County to inquire about active arrest warrants. However, access to warrant details may be limited to the named individuals and their legal representatives.

Do Macon County Arrest Warrants Expire?

No. Macon County arrest warrants do not expire. They remain active until the offender named on the warrant is arrested by law enforcement. Per NC Gen. Stat. §15A-728, once issued, Macon County arrest warrants can be executed anytime and anywhere without regard to how long the warrant has been out. However, a Macon County arrest warrant can become invalid if the court recalls, quashes, or cancels it. Additionally, a warrant becomes null and void if the warrant's subject passes away before their arrest.