Transylvania County Arrest Records

A Transylvania County arrest record is an official document that contains details about an individual's arrest and arrest history, such as the circumstances of each arrest, charges, date, location, and personal information of the arrestee.

When a local law enforcement officer arrests someone for criminal offenses or violations in Transylvania, they create a report outlining the incident, the suspect's details, the alleged offense, and more. After this, the arrested individual is booked into custody, during which the arrestee's personal information, fingerprints, mugshot, and other relevant data are recorded. The arrest report, booking information, and other relevant documents are then compiled to create an arrest record.

Arrest records do not imply guilt but indicate that someone was taken into custody on suspicion of a crime. The Transylvania County Sheriff's Office and local police departments generate and maintain these records in the county. While arrest records are stand-alone criminal justice data, they can also be part of broader records like Transylvania County court records, which typically include detailed information about an arrest and court hearings related to the charges filed after the arrest.

Are Arrest Records Public in Transylvania County?

Yes. Arrest records are public in Transylvania County under the North Carolina Public Records Law (NC Gen. Stat. § 132). Per this law, law enforcement records, including arrest records, are deemed public material and are available to individuals for inspection and copying. However, not all arrest records are public. Certain arrest information or data are restricted or exempt under the law from public disclosure. These include:

• Juvenile arrest records
• Expunged or sealed arrest records
• Arrest records or information related to ongoing law enforcement investigations
• Private and sensitive information, such as account numbers, SSN, or any personally identifiable information whose disclosure may violate a person's privacy
• Records about sensitive cases, such as domestic violence, witness protection, and rape victims.

Note: Individuals seeking to access confidential or restricted arrest records must obtain a court order to do so.

What Do Public Arrest Records Contain?

A public Transylvania County arrest record typically contains the following:

• Personal information of the arrestee, such as name, age, date of birth, etc
• Physical description of the arrestee (height, weight, gender, skin color)
• The date and time of the arrest
• The arrest location
• The arresting agency and/or officer
• The Alleged offense
• The charges filed following the arrest
• Booking information (i.e., date and time of booking, booking number, photograph/mugshot)
• Custody information, including holding facility
• Release information (if applicable)
• Bail or bond information (if applicable).

Transylvania County Arrest Statistics

Per the "Arrests by Offense for all Agencies, 2023" report from the North Carolina State Bureau of Investigation (NCSBI), Transylvania County recorded 835 arrests in the year. The offenses and their arrest count were as follows: Forcible rape (4), aggravated assault (25), burglary (45), larceny-theft (48), motor vehicle theft (5), simple assault (91), arson (3), fraud (12), embezzlement (4), stolen property (11), vandalism (10), weapons possession (25), prostitution (11), sex offenses (6), possession of opium or cocaine (26), possession of marijuana (56), possession of synthetic narcotics (20), possession of other dangerous drugs (71), offenses against the family and children (2), DUI (87), drunkenness (9), disorderly conduct drunk (8), and all other offenses (240).

Find Transylvania County Arrest Records

Interested individuals can find Transylvania County arrest records by contacting the Transylvania County Sheriff's Office. The Sheriff’s Office is the custodian of county arrest records and processes public access requests under the North Carolina Public Records Law for these records. Requests or inquiries for these records can be submitted to the sheriff's office by mail, phone, fax, or in person. Note that fees are typically charged for duplication of these records.

Transylvania County Sheriff’s Office
153 Public Safety Way
Brevard, NC 28712
Phone: (828) 884-3169
Fax: (828) 884-3401

Similarly, interested individuals can contact a local police department, such as the Brevard Police Department, to submit inspection or copy requests for arrest records of individuals apprehended by officers from the Brevard police department. Requests may be submitted in person, by mail, or by fax.

Brevard PD
132 Commerce Street
Brevard, NC 28712
Phone: (828) 883-2212
Fax: (828) 883-3067

Mailing Address:
95 West Main Street
Brevard, NC 28712.

Additionally, individuals may search for Transylvania County arrestees in custody through the county’s “inmate search” service or use a statewide database, like the North Carolina Department of Adult Corrections (NCDAC) offender search, to conduct name-based searches for information on Transylvania County arrestees incarcerated in state facilities.

Free Arrest Record Search in Transylvania County

Individuals seeking to search Transylvania County arrest records without cost should use the online search options mentioned above or contact the Transylvania County Sheriff’s Office. While requesters can typically view these records for free, fees are required for copying and duplication.

Alternatively, individuals can search Transylvania County arrest records through third-party online resources. These sites aggregate public records, including arrest records, and make them publicly available through their searchable repositories. However, these sites are operated by unofficial entities. As such, the arrest data they provide may not always be accurate or up-to-date.

How Long Do Arrests Stay on Your Record?

Indefinitely. Unless sealed or expunged under NC Gen. Stat. § 15A, a person’s arrest remains on their record permanently, as no state law or statute mandates a time frame for retention of arrest records. Individuals must note that records expungement or sealing is only possible if the criteria stipulated in the law are met (i.e., arrests that ended in not guilty verdicts, dismissal, or acquittal, and arrests due to mistaken identity).

Expunge Transylvania County Arrest Records

Expungement in North Carolina is a legal process that seals or removes a person’s criminal record, including arrest records, from public view under certain conditions. Per NC Gen. Stat. § 15A-145, eligible arrests for sealing or removal include arrests with dismissed charges or not-guilty verdicts, first-time non-violent offender arrests, mistaken identity arrests, arrest records of pardoned individuals, and drug violation arrests where the offender has completed a substance abuse treatment.

Individuals with eligible arrests can file petitions to expunge their arrest records. Petitions are filed at the Transylvania County courthouse, where the charges following the arrest were filed. The steps are as follows:

• Obtain a Certificate of Verification of Prior Expunction from eCourts
• Complete the appropriate expunction petition form for the offense (e.g., nonviolent misdemeanor, drug offense).
• Pay the $175 filing fee or apply for a fee waiver if facing financial hardship
• Submit the petition form and proof of payment to the county court
• Wait for the court’s decision, which may not be reached until after a hearing.

If approved, the court will issue an expunction order, directing all relevant agencies to destroy the specified records.

Transylvania County Arrest Warrants

A Transylvania County arrest warrant is a legal document issued by a judicial official (i.e., a magistrate or judge) authorizing law enforcement to arrest, hold, and bring a person before the court for different offenses, including criminal offenses, probation violations, or contempt of court (NC Gen. Stat. § 15A-304). Transylvania County arrest warrants are issued based on probable cause, supported by an oath or affidavit. This means there must be sufficient evidence to believe that a crime has been committed and that the accused committed it before a warrant for the accused person's arrest is granted.

Per NC Gen. Stat. §15A-304, a Transylvania County arrest warrant must include:

• An order directing law enforcement to arrest and take the named individual into custody and bring them without delay to the court to answer the charges against them
• The statement of the crime
• The name of the accused or sufficient physical description that identifies the individual
• The issuing judge or magistrate's name and signature
• The date, time, and location of issuance.

Do Transylvania County Arrest Warrants Expire?

No. Transylvania County arrest warrants do not expire. Once issued, Transylvania County arrest warrants remain active until they are executed. A warrant is deemed executed upon the arrest of the warrant subject. Although Transylvania County arrest warrants do not expire, they can become invalid if the subject dies, if the court recalls them, or if they are quashed because the probable cause for the arrest no longer exists in light of new evidence.