Rutherford County Arrest Records

Rutherford County arrest records are created by law enforcement agencies when they apprehend and detain crime suspects. Arrest records provide essential information about the charges that led to an arrest, the suspect, and the arrest incident. Although often used interchangeably, arrest records are different from criminal history records; In contrast, criminal records document a person's criminal history, whereas arrest records only document arrest incidents and do not cover in-depth specifics like criminal records.

Following an arrest, the arresting sheriff deputy or police officer typically takes the suspect to the Rutherford County Detention Center, where they are booked. During booking, officers document the arrestee's name, date of birth, gender, age, charges, name of arresting officer, and photograph, among others. If an arrest results in a court trial, it leads to the creation of a corresponding Rutherford County court record.

Are Arrest Records Public in Rutherford County?

Yes. The North Carolina Public Records Act allows every citizen of the Commonwealth to access and obtain copies of arrest records and other records maintained by public agencies in Rutherford County, regardless of physical form. According to this act, arrest records are classified as public records, and custodians are mandated to facilitate public access at minimal costs within a reasonable time frame.

However, certain arrest records are sequestered from public access to ensure the physical safety and security of record subjects as well as the general public and to protect record subjects' right to privacy. Such records are either classified as non-public by state laws or sealed by court orders, thereby restricting access to records subjects, their legal representatives, and specific individuals or entities authorized by the court for legitimate reasons.

Confidential portions of records are typically redacted from public copies. In some cases, access to entire case files may be denied. Per § 132-1.2 of the NCPRA, the following contents of arrest records are subject to nondisclosure:

• Sensitive personal identifiable information, such as social security numbers, phone numbers, and bank account information.
• Privileged information, e.g., conversations protected by attorney-client privilege.
• Information whose disclosure may tamper with the outcome of an ongoing investigation or litigation.
• Information that may pose a danger to crime victims or confidential informants.
• Juvenile records.

What Do Public Arrest Records Contain?

The contents of public arrest records vary depending on the source from which they are obtained. For instance, arrest records viewed on a third-party or law enforcement agency's website usually contain less information compared to those obtained in person from the agency. Generally, one should expect to find the following information regardless of the method used to obtain them:

• The arrestee's name, age, and date of birth
• The charges originated the arrest
• The name of the arresting agency
• Arrest date, time, and location
• Booking details
• Booking photo/mugshot
• Bond amount (if applicable)
• Release date (if applicable).

Rutherford County Arrest Statistics

According to arrest statistics provided by the North Carolina State Bureau of Investigation (NCSBI), the following arrests took place in 2023: rape (1), robbery (3), aggravated assaults (21), burglary (43), larceny (223), and motor vehicle thefts (3). Arrests made for property crimes were 269, with a percentage clearance of 29.4%. For violent crimes, the total number of arrests made was 25, with a percentage clearance of 19.7%.

Find Rutherford County Arrest Records

The North Carolina Department of Adult Corrections maintains a record database for all offenders arrested by law enforcement in North Carolina. These records are also provided online via the Offender Locator database. Interested parties can search this database by entering the first and last name of a person. To filter search results, record seekers may use parameters like offender number, gender, date of birth, race, ethnic group, and age range. This resource includes information about current inmates, released inmates, and parolees/probationers. Note that searches on this site are statewide.

To find arrest records limited to Rutherford County, contact the Rutherford County Sheriff's Office. Records seekers can visit the office in person during business hours (Monday through Friday; 8:30 a.m. to 5:00 p.m.) or contact it via mail or phone using any of the following:

Rutherford County Sheriff's Office
198 North Washington Street
Rutherfordton, NC 28139
Phone: (828) 287-6247
Fax: (828) 287-6196

Records seekers visiting the sheriff's office are typically required to carry a means of identification. Note that certain fees may be required to cover the cost of duplicating record copies.

Free Arrest Record Search in Rutherford County

Under the North Carolina Public Records Law, interested individuals may submit arrest record search requests to local law enforcement agencies in Rutherford County, including the Rutherford County Sheriff's Office. Searches of arrest records, especially those conducted online via official websites and resources of custodial law enforcement agencies, are typically free. However, obtaining informational or certified copies of arrest records incurs fees.

Alternatively, individuals seeking free searches of Rutherford County arrest records may use third-party websites. These sites aggregate public records, including arrest records, and offer them through searchable databases to the public, either free or for a minimal cost. However, since these sites are operated by private companies, their record availability is limited, and they may not always contain complete or accurate arrest information.

How Long Do Arrests Stay on Your Record?

Arrest records remain on file indefinitely. They can only be erased if the record subject qualifies for and obtains an expungement order to have them destroyed. Aside from meeting eligibility criteria for an expungement, certain waiting periods (from when the sentence, probation, or other sanction linked to an arrest are fulfilled) must elapse before an expungement can take place. This varies with offense and the circumstances that resulted from a particular arrest.

Expunge Rutherford County Arrest Records

Individuals can petition the court to have their arrest records expunged if they meet certain eligibility requirements. When a record is expunged, law enforcement agencies and other agencies involved in their documentation and preservation remove them from their databases. Once expunged, records shall not be visible during background checks and the record subject may deny that such arrest ever took place. However, note that law enforcement agencies typically retain non-public copies.

Under the North Carolina General Statutes §15A-146, individuals charged with felonies, misdemeanors, or infractions before December 1, 1999, whose charges were dismissed, may be eligible to petition the court to expunge their arrest records, as well as other records related to the charges in question. The appropriate court for expungement petitions is the criminal court in the county in which the charge against the suspect was filed or where they were arrested, which, in this case, is the Rutherford County Superior Court.

Note that the existence of pending charges linked to a petitioner may cause the petition to not be granted. More so, a court must have reached the final disposition on a particular case before it can consider an expunction. Cases where suspects were not found guilty of the pressed charges and an arrest made by mistaken identity are automatically eligible for expunction. Expungement petitions can be filed by the record subject, their attorney, or the district attorney. To file an expungement petition, one must complete a form provided by the Administrative Office of the Courts and submit it to the county's superior court.

The court shall review the petition and notify the prosecution. The prosecution may file an objection, which the court typically reviews. Upon ruling that the grounds for expungement outweigh the objection, the court shall issue an expungement order. Otherwise, it shall deny the petition.

Rutherford County Arrest Warrants

Rutherford County arrest warrants are writs issued by the court commanding law enforcement officers to apprehend persons and bring them before the court to answer for crimes they have been accused of. Courts also issue warrants to arrest individuals who failed to honor a court summons or violated the terms of a judicial order, e.g., probations, paroles, and trespass warnings (G.S. § 15A-304). To issue an arrest warrant in North Carolina, the issuing authority must have sufficient evidence to establish that the individual named on the warrant committed a crime and that their arrest is justified.

Although a warrant is needed for an arrest, law enforcement officers are authorized to make arrests without warrants under certain circumstances, such as when they witnessed a crime being committed or when there is the likelihood that a known suspect might flee before a warrant is issued for their arrest. Authorities that may issue a Rutherford County arrest warrant include a district court judge, a superior court judge, or a magistrate. Under state laws, an arrest warrant must contain the name and other known information about the suspect, the alleged crime, the name and seal of the issuing authority, the date and county of issuance, and the arrest clause.

Do Rutherford County Arrest Warrants Expire?

No, Rutherford County arrest warrants do not expire. An arrest warrant remains active until law enforcement apprehends and takes the person named in the warrant into custody. Unexecuted arrest warrants may only go away if the court recalls them, the suspect dies, or new evidence clears the suspect. The criminal statute of limitation may also play a role in the validity period and execution of an arrest warrant.