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Surry County Arrest Records
A Surry County arrest record is a document detailing an individual's arrest and its circumstances. It is created when law enforcement officers take a person into custody because they suspect them of having committed a crime. Arrest records are classified as public records under the North Carolina Public Records Law, so they are available for inspection and copying.
After an accused individual is taken into custody, they are transported to a local police station or the Surry County detention center, where they are booked into the jail's database. Information collected and recorded during a booking includes the accused's personal information, fingerprint, mugshot, arrest details, charges, description of the incident, and the arresting agency. The Surry County Sheriff's Office is the county's custodian of arrest records. However, arrest information is also contained within Surry County court records, especially when relevant to a judicial proceeding.
Are Arrest Records Public in Surry County?
Yes, arrest records are public in Surry County. The North Carolina Public Records law (Chapter 132) specifies arrest records as public records. This means that the record's custodian, the Surry County Sheriff's Office, is mandated to make these records available for inspection and copying unless legally restricted from public access. Information that may be restricted from public arrest records includes social security numbers, juvenile, and expunged records. To be eligible to view these records, the requester has to be a government agency exempt from expunction restrictions or an individual authorized by a court order.
What Do Public Arrest Records Contain?
Publicly available arrest records typically contain the following information:
- Arrestee's personal information (age, sex, race, etc.)
- Description of the charge
- Date and time of the arrest
- Location of the arrest
- Name or badge number of the arresting officer
- Statutes or laws validating the arrest
- Photograph (Mugshot)
- Bail or bond information
- Booking date and time
- Booking number.
Surry County Crime Rate
The North Carolina State Bureau of Investigation's (NCBI) 2022 index offenses documented a crime index of 1,223, a 2.9% decrease from the previous year's index. It also lists the most prevalent crimes in Surry County as property crimes (1,072 offenses), Larceny (696 offenses), burglary (237 offenses), and violent crimes (151 offenses). Compared to the previous year, there was an 8.5% decrease in property crime (previously 1,171 offenses), a 16% decrease in Larceny (previously 829 offenses), a 22.8% increase in burglary (previously 193 offenses ), and an 18% increase in violent crimes (previously 128 offenses).
Surry County Arrest Statistics
The 2022 Summary Based Report provided by the North Carolina State Bureau of Investigation (NCSBI), Surry County had a total of 3079 arrests that year. The most common crimes for arrest included "all other offenses" with 1968 arrests, Disorderly Conduct Drunk & Disorderly with 279 arrests, Driving Under the Influence with 171 arrests, and Larceny - Theft with 126 arrests. Compared to the 2021 Summary-based report for arrests, there was an 8.9% decrease in total arrests (3379 arrests in 2021). There was also an 8.6% increase in "all other offenses (1812 arrests in 2021), a 36.6% decrease in Disorderly Conduct Drunk & Disorderly (440 arrests in 2021), a 17.9% increase in Driving Under the Influence (229 arrests in 2021) and a 1.6% decrease in Larceny - theft (128 arrests in 2021).
Find Surry County Arrest Records
As the primary law enforcement agency that executes arrests locally, Individuals can find arrest records and other local inmate information by contacting the Surry County Sheriff's Office. Requesters may be required to present a government-issued I.D. and pay applicable fees to obtain these records. The Sheriff's office can be contacted by phone, mail, or in person at their office address through the following contact information:
The Administrative Division
Surry County Sheriff's Office
218 North Main Street,
P.O. Box 827
Dobson, NC 27017
Phone: (336) 401-8900
Free Arrest Record Search in Surry County
The Surry County Sheriff's Office maintains local arrest records and provides interested individuals access to them for free. To obtain an arrest record, the interested person can contact the Sheriff's office by phone or pay their office an in-person visit during office hours (8:00 AM - 5:00 PM on Mondays, Wednesdays, Thursdays, and Fridays, 8:00 AM - 8:00 PM on Tuesdays).
Some third-party websites also offer basic access to criminal records for free on their platforms. Important details of the case such as parties involved in the case or case number are needed to complete a search and some of these platforms may offer more robust records for each record or on a subscription basis. Arrest records from third-party websites may not be as complete as records from government sources as they are not the records's official custodians.
Get Surry County Criminal Records
Criminal records are legal documents containing an individual's arrest records and the legal outcomes of those arrests. As the Surry County Courthouse is the custodian of court records including criminal records, individuals can contact the courthouse or county clerk's office by phone or in person to get a criminal record. Criminal records obtained in person using the self-help terminals at the courthouse are not certified.
The North Carolina Judicial Branch also provides criminal information to interested parties through the Clerk of Superior Court's Office. A request is made by printing and submitting a Criminal Record Search Form (Form AOC-CR-314) and submitting it by mail or in person to the Clerk's Office at the courthouse. This service comes at a fee of $25 and provides certified criminal records. The contact address of the court is as follows:
Surry County Courthouse
201 East Kapp Street,
P.O. Box 345, Dobson, NC 27017
Phone: (336) 386-3700
On a state level, the North Carolina State Bureau of Investigation (NCSBI) and the North Carolina Department of Public Safety (NCDPS) maintain the criminal histories of individuals currently serving and previously serving prison sentences. To request a record from the NCSBI, interested individuals complete a right to review form and submit it along with a fingerprint card and the $14 fee for processing. The NCDPS makes criminal records available online through their offender search tool. The contact addresses for these agencies are as follows:
N.C. State Bureau of Investigation
Attention: Applicant Unit-Right to Review
Criminal Information and Identification Section
P.O. Box 29500
Raleigh, NC 27626-0500
Phone: (919) 582-8600
Email: ciishelp@ncsbi.gov.
North Carolina Department of Public Safety
512 North Salisbury Street,
4201 Mail Service Center,
Raleigh, NC 27699-4201
Phone: (919) 710-8885
Surry County Arrest Records Vs. Criminal Records
An arrest record is a physical or electronic document created by law enforcement officers that details the circumstances of a person's arrest. It includes information on the arrestee, arrest details, and the incident description but does not contain the verdict of the charge. Criminal records are a more comprehensive record that outlines a person's entire criminal history. They contain arrest records, documentation from court proceedings, and sentencing information. They provide a holistic picture of a person's criminal history.
The major distinction between arrest records and criminal records is that while criminal records indicate the legal outcome of cases, arrest records do not. Criminal records contain sentencing information and can, therefore, indicate guilt, while arrest records are documented accusations with no proof of guilt. For background and criminal history checks by employers, landlords, and licensing agencies, criminal records are preferable as they contain the final judgment after an individual is arrested.
How Long Do Arrests Stay on Your Record?
Indefinitely. An arrest record remains on a person's criminal record until the charge is expunged or sealed by the law. A charge remains on the individual's criminal history once an arrest has been made, regardless of whether they were judged guilty. As arrest records are classified as public records, they are publicly available and accessible through background and criminal history checks by employers, landlords, and other interested parties.
Expunge Surry County Arrest Records
An expunction is the legal process of removing a charge from an individual's criminal history. Expunged records are destroyed in North Carolina, but some information remains available to certain parties and government agencies exempt from expunction restrictions. Examples of agencies exempt from expunction restrictions include North Carolina Courts, State and local law enforcement agencies, the Division of Motor Vehicles (DMV), the Department of Public Safety, and the State Bureau of Investigation.
The North Carolina General Statutes § 15A governs expunctions in the state and specifies the statute and expunction requirements for various crimes depending on their levels of severity. Per these statutes, not all crimes are eligible for expunction. Crimes not eligible for expunction include Class A to Class G felonies (murder, burglary, robbery, arson, rape, and identity theft), sex offenses, violent crimes and repeat offenses.
Crimes eligible for expunction in North Carolina include the following:
- Up to three nonviolent felony convictions
- Nonviolent misdemeanor convictions
- First-time convictions or selected offenses committed before the age of 18 or 22
- Charges that are dismissed
- The charge was with a "not guilty" verdict
- Charges obtained as a result of being a victim of human trafficking
Before some crimes can be expunged, they must have completed their required waiting period before being eligible to start their application. Different crimes and their waiting periods in North Carolina are as follows:
- 5 years for misdemeanor convictions
- 10 years for nonviolent felony convictions
- No waiting period for dismissed charges
- No waiting period for non-guilty verdicts
- 5 years for misdemeanor larceny if over 18
- 2 years for misdemeanor larceny if under 18
Individuals can file for expunction by themselves but for higher chances of success, it is advisable to get an expunction lawyer who will be more knowledgeable about the process and eligibility criteria. The process of getting an expunction may differ depending on the expunction statute covering the crime to be expunged. The general process for getting an expunction in Surry County is as follows:
- Get a copy of the criminal record from the county courthouse.
- Fill out the expunction petition form specific to the charge to be expunged. Each petition should cover only one charge, even if multiple charges are to be expunged.
- Pay the filing fee of $175 if applicable to your type of expunction, and file the petition at the courthouse where the charging or conviction occurred. A petition to proceed as an indigent form can also be filled if the petitioner cannot afford the filing fee.
- Take the completed petition to the District Attorney's office for signing, then submit the petition to the courthouse.
- Attend the court-ordered hearing if one is scheduled.
- If the petition is successful the Clerk of Court gives the petitioner a copy of the order of expunction signed by the judge. This document cannot be replaced later as all records of the expunction will be destroyed.
Surry County Arrest Warrants
An arrest warrant is a court-issued document that authorizes the arrest and detainment of an individual suspected of committing a crime. They are issued by a court upon probable cause's establishment and executed by the Surry County Sheriff's Office. The North Carolina General Statutes G.S. 15A-304 outlines the requirements for issuing warrants and the conditions under which they can be executed. According to the statute, these reasons include the following:
- Failure to appear in court after being served with a summons
- If there is evidence that the person will not appear when summoned
- After probable cause is established that the accused committed a crime
- If there is a danger that the accused might escape
- If the accused is a danger and poses a risk to persons and property
- For very serious alleged offenses
The process of obtaining an arrest warrant begins when a law enforcement officer or a citizen files a complaint under oath to a magistrate or judge alleging that a crime was committed. The complaint should contain facts or evidence to back the claim. If a judge reviews the claim and finds probable cause to believe that the named individual (the accused) committed the crime, a warrant for their arrest is issued.
A Surry County arrest warrant typically contains the following information:
- Name or identifying physical description of the accused
- Description of the arrest
- The criminal code under which the accused is charged
- Reason for issuance of the warrant
- Signature of the issuing authority
- Warrant area of operation (jurisdiction).
Surry County Arrest Warrant Search
Individuals interested in conducting a Surry County arrest warrant search can contact the Surry County Sheriff's Office. As the Sheriff's office is the executor of court-issued arrest warrants, they handle and keep track of active arrest warrants in the county. Their contact details for in-person or phone warrant inquiries are as follows:
Surrey County Sheriff's Office
218 North Main Street,
Dobson, NC 27017
Phone: (336) 401-8900 (Sheriff's Office), (336) 401-8975 (Jail), (336) 401-8970 (Records Department)
The Surry County Clerk of Court's office can also be contacted or visited to conduct an arrest warrant lookup as they keep records of all warrants issued within the county. It is important to note that the County Clerk's Office can only provide records of arrest warrants issued within the county and cannot give legal advice. The contact address of the Surry County Clerk of Court's Office is as follows:
Surry County Clerk of Court's Office
201 East Kapp Street,
Dobson, NC 27017
Phone: (336) 386-3700
Do Surry County Arrest Warrants Expire?
No arrest warrants in Surry County, like other counties in North Carolina, do not expire. Unlike search warrants and bench warrants, once an arrest warrant is issued, it remains active until it is executed or a court cancels it, invalidates it, or recalls it. An arrest warrant also becomes invalid if the individual to be arrested dies.
An arrest warrant is typically issued for the following reasons
- When probable cause is established that the named individual committed the crime
- When an individual violates the terms of their probation
- For failure to pay child support
- For failure to appear in court after a summons was sent
Although an array warrant is still active, its execution can be delayed by factors such as the warrant's jurisdiction and new evidence in the case, leading a judge to invalidate or deactivate the warrant.