Montgomery County Arrest Records

Montgomery County arrest records usually document a person's encounter with the North Carolina criminal justice system. These records contain details about where and how someone was arrested, the date of the arrest, and the alleged offenses that necessitated the individual's loss of freedom.

Members of the public usually seek these records to locate loved ones and make arrangements for their release or bail. However, arrest records may also be viewed during background searches or to understand crime trends within a specific geography. Criminal defense attorneys and prosecutors also look up arrest information when preparing for criminal trials.

Information relating to citations, warrants, indictments, complaints, and bond amounts are typically collated and filed with courts. Therefore, interested persons may search Montgomery County court records for certain arrest information. Other arrest data custodians include local law enforcement agencies and detention facilities.

Are Arrest Records Public in Montgomery County?

Yes, Arrest records are public according to G.S. 132 (the North Carolina Public Records Law). The law mandates that government bodies, such as law enforcement officers, disclose details of their official affairs when the public requests them.

However, certain records may be withheld from public disclosure. These records include juvenile arrest records, personal identifying information for confidential informants and protected witnesses, records related to ongoing police investigations, sealed court case records, sensitive financial statements, social security numbers, and records that may expose crime enforcement tactics.

What Do Public Arrest Records Contain?

Publicly available arrest records contain the following:

• Physical description, photograph, name, and date of birth of arrested individuals
• Alleged offenses
• Booking numbers
• Arresting agency
• Arresting officer
• Citations
• Warrants
• Arrest date and time
• Offense date
• Indictments

Montgomery County Arrest Statistics

The North Carolina State Bureau of Investigation publishes arrest figures on its Summary Statistics Report Viewer. The 2023 report shows that there were 1,019 arrests in Montgomery County. Murder and Nonnegligent manslaughter accounted for 8 arrests, aggravated assault prompted 12 arrests, and non-aggravated assaults resulted in 32 apprehensions. There were 17 apprehensions for burglary, 17 arrests for larceny, and 10 detentions for vandalism.

Find Montgomery County Arrest Records

The process of finding an arrest record involves using the request and viewing options provided by record custodians. The office a person has to approach depends on the arrestee's progress in the criminal justice system and the law enforcement agency responsible for the arrest.

Arresting agencies

The Montgomery County Sheriff's Office is the county's primary law enforcement agency. An individual can contact the office regarding arrests made by sheriff deputies. One can use the following address and contact details:

111 West Main Street
Troy, N.C. 27371
Phone: (910) 572-1313
Fax: (910) 572-9236

If a person is arrested within a city's boundaries, such as the City of Troy, the city's police department will likely maintain the arrest record. For example, the Troy PD allows members of the public to request arrest information regarding arrestees apprehended by the department.

On the other hand, arrest records for people apprehended and taken into custody by federal agencies are maintained by those federal institutions.

Detention facilities

The Montgomery County detention center, managed by the county sheriff, houses pretrial and sentenced individuals. To get information regarding recently arrested persons, contact the sheriff's detention services division.

The North Carolina Department of Adult Corrections is responsible for housing individuals who have been sentenced to state prison for felonies. One can use the public offender information system to check incarceration-related data on current inmates, parolees, probationers, and people who have been released. Also, the system provides details for absconders and escapees with outstanding warrants.

Further, the NCDAC accepts public records requests concerning people in its custody. However, only information about offenses that had a conviction disposition is in the custody of the NDAC.

The U.S. Bureau of Prisons houses pretrial and sentenced federal inmates. People can use its Federal Inmate Locator to find where detainees are housed. Inquirers may also submit an FOIA request to the Bureau of Prisons to obtain information about federal arrestees.

Court records

Court records include various arrest details, such as citations, issued warrants, indictments, bond amounts, offenses, arrest and offense dates, and defendant information. The local clerk's office offers a free public access terminal for searching criminal cases by case number, witness name, defendant name, or victim name. Individuals seeking copies of case papers can also submit requests to the clerk's office.

Free Arrest Record Search in Montgomery County

In addition to visiting court locations to use public access terminals, inquirers may view arrest information on the North Carolina eCourts portal. The portal displays citations, warrants, arrest dates and times, offense dates and offenses, and so on. Site users can also view documents like indictments, issued and returned arrest orders, and release orders. Requesters must note that prosecutors either upgraded or downgraded certain charges in court records.

Additionally, members of the public can visit third-party websites to view arrest data. These sites are operated by independent vendors that do not maintain relationships with official custodians. However, inquirers may run name searches on these platforms to review arrest information from different law enforcement agencies, such as the Sheriff's Office and City Police Department. Interested users are advised to use these websites for research purposes before going on to verify the arrest information with official custodians.

How Long Do Arrests Stay on Your Record?

Indefinitely, unless the arrest or criminal record is expunged. In many cases where persons were convicted of offenses eligible for expungement (expunction), they must wait for specific periods after completing their sentences or paying their fines before applying. Records will remain public until the court enters the expungement order. However, certain arrest records, particularly charges dismissed or resulting in findings of not guilty from December 1, 2021, qualify for automatic expungement after 180 to 210 days.

Serious felonies and certain criminal offenses not eligible for expungement will perpetually remain on a person's record.

At the same time, law enforcement agencies and other statutorily permitted entities will be allowed to view certain expunged records under specific conditions established by law.

Expunge Montgomery County Arrest Records

An expunction in North Carolina is a legal process that removes arrests and criminal convictions from a person's record. Per G.S. 15A-153, individuals whose records have been expunged can assert that they were never arrested, charged, or convicted without penalty of perjury.

There are many expungement statutes in North Carolina that are applicable to various situations. For example, G.S. 15A-146 covers criminal charges where dismissals or findings of not guilty were entered, and G.S. 15A-145(a) applies to eligible misdemeanor convictions.

Individuals can view related laws to check whether they qualify for expungement. However, as mentioned earlier, people who were acquitted or had their cases dismissed after December 1, 2021, will receive automatic expungements after 180 to 210 days of the disposition. If such records are still public after that period, they can file for expungement in Montgomery's local trial courts where their cases were filed.

To file an expungement petition, one can visit the Expunctions webpage of the North Carolina Judicial Branch to fill out the relevant form. Once the form has been completed, the individual can follow the steps in the accompanying instructional document to file the petition and provide other required information. In some cases, especially where a conviction is involved, a petitioner must attach affidavits of good character from individuals who know them.

A person with multiple charges for the specific arrest must check whether every charge qualifies for expungement. In such situations, some charges may have different expungement requirements (such as waiting periods and filing procedures) from others, and certain convictions may not qualify.

Montgomery County Arrest Warrants

Arrest warrants are orders instructing police officers to take people into custody. They can be issued by the county clerk of the Superior Court, judges, and magistrates. Police officers can issue arrest warrants after alleging, through probable cause filings, that people have committed crimes. However, a person can become the subject of an arrest warrant (called a bench warrant) if they fail to honor a court appearance, settle child support payments, or complete community programs, probations, or specific court programs.

A Montgomery County arrest warrant usually contains the name and description of the accused individual, date of issuance, alleged offense, and signature of the issuing authority.

One can approach local court clerks to find out if warrants have been issued for the arrest of anyone. Alternatively, the Sheriff's Office accepts inquiries about warrants issued in the county.

Do Montgomery County Arrest Warrants Expire?

An arrest warrant can only be returned to courts after the individual has been apprehended or submits to the custody of law enforcement agencies. However, judges may recall or reassign warrants when specific changes are entered during case proceedings.