McDowell County Arrest Records

Arrests in McDowell County, North Carolina, are done when law enforcement officers have probable cause to believe that an individual has committed a crime. This may happen by witnessing a crime, receiving a witness report, or using evidence from an investigation. The McDowell County Sheriff’s Office is the agency responsible for generating arrest records in the county. Arrested persons are held at the McDowell County Detention Center.

Arrest records in McDowell County are considered public records. If an arrested person is charged in court, the arrest record becomes part of McDowell County Court Records.

Are Arrest Records Public in McDowell County?

By the North Carolina Public Records Law, McDowell County arrest records are part of the county’s public records. The state law allows individuals to request and obtain copies of arrest records. However, North Carolina law also exempts certain types of arrest information from public disclosure. This includes juvenile arrest records, records related to active criminal investigations, particular personnel records, and expunged arrest records. Also, sensitive information such as social security numbers and medical records are redacted to protect an individual’s privacy.

McDowell County Arrest Statistics

The North Carolina State Bureau of Investigation (NCSBI) publishes the arrest and crime statistics report yearly. McDowell County reported a total of 156 arrests, including 26 for violent crimes and 130 for property crimes. The violent crime-related arrests included three for murder, one for rape, three for robbery, and 19 for aggravated assault. Property crime arrests included 49 burglaries, 65 larcenies, 15 motor vehicle thefts, and one arson.

Find McDowell County Arrest Records

To find McDowell County arrest records and inmate information, call the Detention Center on (828) 652-2235, (828) 652-2236, or (828) 652-2238

The North Carolina Department of Adult Corrections (NDAC) is the state correctional facilities’ administrator. It provides Public Offender Information/Offender Search for incarcerated individuals in state prisons. Users may search the portal by the offender’s name, inmate ID, or other identifying information.

The Federal Bureau of Prisons (BOP) is the federal correctional facilities’ managing agency. It provides an inmate locator tool to locate individuals in federal custody. It may be searched by name or BOP number.

McDowell County Arrest Records Vs. Criminal Records

While both arrest records and criminal records are important components of the criminal justice system, they serve different purposes and contain distinct types of information. Arrest records detail an individual’s arrest, including information about the incident that led to the arrest. Arrest records are primarily used to provide information about a specific arrest incident. They indicate that law enforcement had probable cause to detain an individual but do not necessarily imply a conviction or guilt.

Criminal records provide a comprehensive history of an individual’s criminal activity, including arrests, charges, convictions, and sentencing information. Criminal records are a complete account of an individual’s interactions with the criminal justice system over time. They are often used in employment, housing, and licensing background checks.

Generally, arrest records focus on individual incidents, whereas criminal records provide a broader overview of a person’s criminal history. Also, an arrest record does not imply a conviction, while a criminal record includes arrests and any resulting convictions or sentences.

How Long Do Arrests Stay on Your Record?

In North Carolina, arrest records generally remain on a person’s record indefinitely, regardless of whether the individual was convicted or the charges were dismissed. However, individuals may seek to have certain arrests expunged from their records under specific circumstances, such as if they were acquitted of the charges or if the charges were dismissed. The eligibility requirements for expungement vary, so individuals should consult with legal counsel to understand their eligibility and the process involved.

Expungement is a legal process in North Carolina that allows for the removal of certain records from an individual’s criminal history, making them no longer accessible to the public. In McDowell County, this process effectively seals eligible records, ensuring they are not visible during background checks.

A person may qualify for expungement in McDowell County under the following circumstances:

• If someone was arrested and the charges were later dropped, or they were found not guilty.
• Individuals convicted of a non-violent misdemeanor or felony offense for the first time.
• Certain crimes committed by minors.
• Non-violent misdemeanors or felonies (after a waiting period, provided there are no subsequent convictions).

The process of expungement in McDowell County involves:

• Visit the McDowell County Clerk of Court NC or contact the North Carolina Administrative Office of the Courts for the Petition and Order of Expunction form.
• Fill out the petition, including details about the arrest, charges, and the case outcome for which expungement is sought.
• Gather relevant documentation, such as court orders, notices of dismissal, or proof of a not-guilty verdict, to support your expungement request.
• File the completed petition and the supporting documents at the McDowell County Clerk of Court office.
• You must pay a filing fee, although this may be waived if financial hardship may be demonstrated.
• Ensure copies of the petition are provided to the relevant authorities, such as the McDowell County District Attorney’s Office NC and the arresting law enforcement agency.
• In some cases, the court may schedule a hearing to review your expungement petition. It’s advisable to have legal representation during this hearing.
• If the court grants your expungement, the records will be sealed, meaning they will no longer appear on background checks or be accessible to the public.

McDowell County Arrest Warrants

Arrest warrants are legal documents issued by a judge authorizing law enforcement officers to apprehend a specific individual. In McDowell County, an arrest warrant is typically issued after law enforcement officers submit an affidavit or sworn statement to the court. This document outlines the evidence or circumstances that suggest the individual has committed a crime. The judge reviews the information presented and decides whether sufficient probable cause exists to issue the warrant. If approved, the warrant is signed and becomes a legal document that permits law enforcement to arrest the individual.

An arrest warrant generally includes the following information:

• The full name of the person to be arrested.
• Any physical descriptions or identifiers of the person to be arrested.
• A description of the charges or offenses the individual is accused of committing.
• The date when the warrant was issued.
• The name of the judge who issued the warrant.
• Signature of the issuing judge.

Do McDowell County Arrest Warrants Expire?

In McDowell County, arrest warrants do not expire. Once an arrest warrant is issued, it remains valid until it is executed (the individual is arrested) or until it is formally recalled or quashed by the issuing authority (such as a judge). As long as the warrant is valid, the law enforcement agency that is issued the warrant may enforce it at any time.