Pender County Arrest Records

An arrest in Pender County is usually made following a violation of state laws or municipal ordinances. Law enforcement agencies in Pender County may arrest and detain persons with or without an issued warrant (provided there is probable cause) per G.S. 15A-401. Once an arrest is made, the suspect/defendant is booked and held in the Pender County Jail pending arraignment or release on bail/recognizance.

An arrest record in Pender County is an official report, document, or log that contains information about arrests and arrestees within county limits. The County Sheriff's Office and other local enforcement agencies create and preserve these records. However, one may obtain arrest information from Pender County Court Records or the criminal history records maintained by the County Clerk's Office or the State's Bureau of Investigation, respectively.

Are Arrest Records Public in Pender County?

Yes. Under North Carolina Public Records Law, the public may access records maintained by government agencies, including arrest records. State laws presume arrest records to be open and may be obtained by any interested person, provided they are not legally sealed or exempt. However, not all arrest records and information are publicly available under certain circumstances and laws.

Some examples of arrest records and information that may be redacted or excluded from public access in Pender County include:

• Arrest records related to juveniles and minors
• Sealed or expunged arrest records
• Arrest records of ongoing investigations carried out by the law enforcement agencies
• Arrest records containing pretrial information
• Sensitive personal identifying information like social security numbers and account numbers.

Although restricted arrest records are generally not available to the public, government entities and individuals with authorization may access them. A subpoena, court order, or authorization by law may grant interested persons access to sealed or expunged arrest records.

What Do Public Arrest Records Contain?

The following information is typically contained in publicly available Pender County arrest records:

• Defendant's personal information: This includes the full name, sex, race, and birth date of the arrested person.
• Photographs or mugshots of the defendant.
• Physical descriptions of the defendant: marks, scars, tattoos, height, weight, and color of hair, skin, or eyes.
• Details of the offense/violations: This includes the degree, class, type of offense committed, and the laws violated. The criminal offense may be a felony, misdemeanor, or infraction.
• Arrest information: This reveals general details about the arrest, including the date, time, and place of the arrest. It may also contain the name, rank, and signature of the arresting officer/agency.
• Booking Information: This includes the booking location, time, and date. The official in charge of the booking, weapons retrieved during the arrest, and the detention facility may also be included.
• Arrest Disposition: The status and outcome of the arrest; if the defendant was arraigned, posted bail, or released on recognizance.
• Pretrial, probation, or parole programs the defendant is required to undergo or is currently undergoing.

Pender County Arrest Statistics

The North Carolina State Bureau of Investigation (N.C.S.B.I.), through its Uniform Crime Reporting System, publishes arrest statistics for counties in the state, including Pender County. Based on recent data published, Pender County recorded 758 arrests in 2023. 7 were juvenile arrests, while 751 were adult arrests.

Violent crimes such as aggravated and simple assaults accounted for 101 arrests, while property crimes like larceny and motor vehicle theft recorded 32 arrests. Compared to data collated in 2022, where the total number of arrests recorded was 652, the arrest rate for Pender County increased slightly by 2023.

Find Pender County Arrest Records

Pender County arrest records form part of the information contained in criminal court case records and criminal history records. Interested persons may submit requests to the North Carolina Judicial Branch or the N.S.C.B.I. to obtain Pender County arrest records and information. Requests are to contain descriptive information about the record, such as the record subject's name, arrest date, birth date, or filing date.

The North Carolina Department of Adult Corrections also provides public access to inmate and offender information on its Offender Locator. Interested persons may search this portal by name or Offender ID, gender, race, birthdate, or age range. Concerned residents may also visit the Sheriff's Office and other local police departments to inspect and copy Pender County arrest records. Written requests may be submitted in person or mailed to:

Pender County Sheriff's Office
605 East Fremont Street
P.O. Box 1449
Burgaw, NC 28425
Phone: (910) 259-1212
Fax: (910) 971-1070

Free Arrest Record Search in Pender County

Residents of Pender County may freely access publicly available arrest records by visiting the custodian's office during office hours. Inspecting records in person may be done free of charge, but duplicating the records may attract extra fees. The Pender County Sheriff's Office has a search tool for looking up inmates. Interested persons may browse through the list provided or search for inmate information by entering a name, race, or sex.

Concerned persons may also obtain free access to Pender County arrest records by using third-party websites. Most third-party websites may allow access to limited arrest information free of charge. Others may, however, require a subscription or one-time payment to access arrest information and records.

How Long Do Arrests Stay on Your Record?

Pender County arrest records typically remain on an individual's criminal history records indefinitely unless they are sealed or expunged. State laws do not have provisions for a fixed retention period of arrest records. However, the retention period of arrest records may be determined by the record type and the internal policies of the record custodians. For instance, records of arrest that result in a conviction are sent to the State's Bureau of Investigation and retained for a minimum of 50 years.

Expunge Pender County Arrest Records

North Carolina laws have provisions for citizens with arrest records to expunge them in an attempt to restore their social status and employability. Expunction and Expungement in North Carolina both mean the erasure and sealing of eligible arrest records such that they are not publicly available. N.C.G.S. § 15-145 through 149 contains the criteria and procedures for the various types of expungement provided by state laws.

To be eligible for expungement or expunction in Pender County, an arrest record must fall into any of the categories listed below:

• The record subject was a first-time offender for a nonviolent crime.
• The record subject was granted a deferred judgment, meaning the case was dismissed on the basis of satisfying probation or other court-prescribed programs.
• The arrestee is a juvenile or minor who has met all requirements demanded by the court.
• The charges filed against the record subject were dismissed or the arrestee was acquitted.
• The record subject receives a pardon from the governor.
• If convicted of a misdemeanor or felony, a period of five or ten years must have elapsed from the date of conviction.
• The record subject does not have any ongoing parole, probation, substance abuse, or diversion programs.

Eligible individuals may begin the expungement process by obtaining a copy of their criminal history records from the N.C.S.B.I. The criminal history record serves as official proof that the record subject was arrested for a crime that is eligible for expungement. The next step is to complete and submit the appropriate petition form for expungement to the clerk of the court where the case was heard.

In filing a petition, the petitioner must include relevant documents such as proof of an acquittal, the Governor's pardon, and a notarized sworn statement. The fee for filing an expungement fee is $175 payable by check or money order. When filling the required documents with the clerk's office, the petitioner may be directed to serve a notice of the petition to concerned parties such as law enforcement agencies, the Administrative Office of the Courts, the District Attorney, and other case parties.

Upon the completion of the filing process, the court of jurisdiction reviews the petition and may fix a hearing to determine good standing or decide to grant the petition based on the provided information. Once the petition is granted, the court issues a court order specifying the arrest records to be expunged and mandating the custodial agencies to remove such records from public access. A copy of the expungement order is served to the petitioner and other concerned entities for implementation. The expungement process in North Carolina is very complex; hence, eligible applicants may need to contract the services of a legal professional to aid the application process.

Pender County Arrest Warrants

A Pender County arrest warrant is a writ or court order that authorizes the apprehension and detainment of an individual suspected or caught committing a criminal offense. The warrant is issued by a court mandating law enforcement agencies to bring the named individual before the issuing judge to answer for an alleged offense.

In Pender County, arrest warrants are issued only when an enforcement agent presents reasonable proof that the defendant committed an offense. The probable cause, accompanied by a sworn affidavit or oral statement, is brought before a judge, who reviews it and decides whether to issue a warrant.

Arrest warrants typically provide information about the alleged crime, including violated Statutes and an order to present the named individual before the issuing judge for trial (N.C.G.S. § 15A-304). Arrest warrants cannot establish guilt for the alleged crime; they are only legal documents issued in the course of administering justice.

Pender County arrest warrants usually contain the name of the individual to be arrested and the location, date, and time the warrant was issued. The arrestee's alleged crime, birth date, and race may also be included in an issued arrest warrant.

Do Pender County Arrest Warrants Expire?

No. Arrest warrants issued in Pender County remain active until an arrest is made or the issuing court recalls the warrant. A court may recall or invalidate an arrest warrant if the record subject dies or the probable cause that led to the arrest no longer exists.