Durham County, North Carolina Arrest Records
Durham County arrest records are official documents created by local law enforcement agencies when an individual is apprehended and booked for a crime. They contain information about the arrest, the alleged crime, and the detention status of the concerned individual. The maintenance of these records promotes transparency and accountability in law enforcement business in compliance with the North Carolina Public Records Act.
The complete compilation of an individual’s interaction with the justice system is however governed by a separate statutory scheme. An individual's criminal history record which shows arrests, charges, convictions, and court dispositions is controlled and released under several chapters of the North Carolina General Statutes, and they are managed by the North Carolina State Bureau of Investigation (NCSBI). In North Carolina, criminal history records can be accessed for personal review and employment background checks, based on fingerprint identification and name searches.
Are Arrest Records Public Information in Durham, North Carolina?
Yes, arrest records are public information in Durham County. The North Carolina Public Records Act allows the public to review and copy specific details that are not sensitive or considered confidential under state or federal law. Law enforcement agencies like the Durham County Sheriff’s Office maintain public-facing search tools that allow members of the public to view arrest and incarceration information in Durham. Nevertheless, some Durham County arrest records are exempted from public disclosure, and are withheld by the Sheriff’s Office for privacy reasons, under the North Carolina Public Records Act. These exempted information include:
- Juvenile arrest information
- Arrest information that would reveal confidential informants or investigative techniques
- Identifying information of subject records (social security numbers, addresses, etc)
- Sealed or expunged arrest records
- Arrest information that may endanger the life or safety of an individual or informant
- Information that may compromise investigation or deprive an individual of a fair hearing
What Do Public Durham County Arrest Records Contain?
Per North Carolina Public Records Law, the following information are contained in public arrest records in Durham County:
- The arrestee’s identifying information (name, age, date of birth, mugshots)
- Date, time, and location of the arrest
- The arresting agency
- The specific charges or violations
- Date and time of booking
- The arrestee’s custody status and location
- Bond/bail conditions
- Scheduled court dates
Durham County Arrest Search
The North Carolina Department of Public Safety maintains information about current and past inmates in state prisons as well as current and past parolees. It provides access to these details through its Offender Search webpage, which permits arrest search using different parameters like name, date of birth, and offender number.
Interested individuals can also approach the Durham County Clerk of the Superior Court to request comprehensive criminal history records, which also contain arrest information. To retrieve these records, individuals are required to submit a completed Form-AOC-CR-314 with a fee of $25 in person or via mail.
Individuals arrested for federal crimes are held in federal prisons, and one can find them using the Federal Bureau of Prisons (BOP) Inmate Locator. To find further details of the individual’s arrest and court hearings, interested persons can utilize the Public Access to Court Records (PACER) system. Notably, users are required to register an account before searching for records on PACER. Account registration is free, but record searches attract a fee.
Durham County Inmate Locator
The Durham County Sheriff’s Office maintains an online database of all detained individuals in the county on the Inmate Population Search page of its website. Here, one can review a list of all inmates held in the Durham County Jail, their charges, the bond type, and their release dates. The page also permits users to filter results by time or name.
Individuals who desire more detailed inmate information can contact the Sheriff’s Office at (919) 560-0897 or sheriff@durhamsheriff.org.
Active Warrant Search in Durham County
An arrest warrant is an official, court-ordered document issued by a judge or magistrate to authorize law enforcement officers to apprehend an individual for an alleged crime. They are issued based on probable cause or evidence suggesting that a crime was committed.
A typical arrest warrant in Durham County contains the following details:
- The subject’s identifying information (name, nickname)
- A detailed physical description of the subject (height, weight, distinguishing marks)
- The specific crime or violation charged
- Time and date of the offense
- The location of issuance
- The signature of the judge or magistrate and the issuing court
- Conditions of pre-trial release
- Limitations on the time or manner of arrest
The Durham County Sheriff’s Office manages arrest warrants primarily using the North Carolina Statewide Warrant Repository (NCAWARE), an online repository maintained by the North Carolina Administrative Office of the Courts. It was built to track criminal processes like arrest warrants, magistrate orders, and court summons. Notably, arrest warrants do not expire in North Carolina; rather, they remain valid until the individual is arrested. Concerned individuals can determine if they have active warrants issued against them by conducting an online search on the Durham County Sheriff’s Office Civil Process Webpage.
They can also request court records from the Durham County Clerk of Superior Court to confirm if warrants were issued during a hearing. Another option is to review criminal history records, which highlights the holder’s legal interactions including arrest warrants and court summons.
How to Find Arrest Records for Free in Durham County
The easiest way to find Durham County arrest records at no cost is to utilize the Sheriff’s Office Inmate Population Search, an online database containing current inmate information. This database provides remote access to arrest information maintained by the Sheriff’s Office, including mugshots and charges,with no underlying fees. One can also conduct a free arrest record search by contacting the Sheriff’s Office at (919) 560-0897 or sheriff@durhamsheriff.org, or in-person at:
Durham County Sheriff’s Office
510 S Dilliard St #2000,
Durham, NC 27701
Similarly, the North Carolina Department of Adult Correction offers a free online Offender Search tool. It is effective for retrieving historical and current records of state prison inmates, probationers, and parolees.
Lastly, interested individuals can conduct a free search for criminal court records on the North Carolina eCourts Portal. This will provide details of filed and completed criminal court cases in Durham County, including arrest records and issued warrants, at no cost to the user.
Durham County Arrest Report
In Durham County, an arrest record is basically an official entry into an individual’s criminal history records, indicating that the concerned individual was taken into custody. It appears in criminal history databases and background checks as a summary of arrest events. An arrest report, on the other hand, is a detailed document generated by the arresting officer to document incidents that led to the arrest, including what was observed, statements from other parties, and other case details.
Unlike arrest records that primarily show that an individual was arrested, arrest reports are used mainly in court proceedings and other investigative procedures to gain insight on the circumstances and reasoning behind the arrest.
Here are other differences between both arrest-related documents:
|
Arrest Records |
Arrest Reports |
|---|---|
|
A very brief, summary-style entry of an individual’s arrest history. |
An extensive narrative, with facts and context, describing a specific arrest event. |
|
Generated by the records division of the Sheriff’s Office or the arresting police department. |
Written by the arresting officer(s). |
|
Created primarily to log and track that an arrest occurred. |
Created to explain the reasons and circumstances of the arrest. |
|
Commonly released during public record searches and background checks. |
Restricted to legal parties involved in the case. |
|
Serves as an administrative record of custody. |
Used as an evidence or supporting document in investigations and court hearings. |
How to Get an Arrest Record Expunged in Durham County
Record expungement (referred to as expunction in North Carolina), is a legal process aimed at erasing or removing an arrest, the concerned charges, and/or related convictions from an individual’s criminal history records. This helps the concerned individual to achieve a clean slate after a criminal case has been resolved. Therefore, an individual who has had an expungement granted can deny that the arrest, charge, or conviction ever happened without being charged with perjury under North Carolina state law.
Before applying for expunction, the record subject is advised to confirm that they are eligible for expunction. Some eligibility requirements highlighted by North Carolina General Statutes include:
- The case was dismissed or the individual received a “not guilty” charge.
- The individual committed the felony or misdemeanor before they clocked 18.
- The individual has not received another conviction 10 years after one nonviolent felony.
- The individual has not received another conviction 5 years after a nonviolent misdemeanor.
After confirming their eligibility, the applicant can complete the appropriate form on the North Carolina Judicial Branch website. Interested persons can also get the appropriate forms in person at Room #100 of the Durham County courthouse. After completing the forms, make the necessary payment, if applicable, and return the form to the Criminal Records Department. The Criminal Records Department will then forward the form to a judge for a signature. Once signed, the form will be returned to the former, and then forwarded to the North Carolina State Bureau of Investigation (NCSBI), where the expunction may be approved or denied. Notably, record expungement may take an average processing time of 1 to 3 months.
How Do You Remove Durham County Arrest Records From the Internet?
The first step in removing Durham County arrest records from the internet is officially expunging the record through the Durham County court system. Once the records are expunged, the court may notify other government agencies to remove such records from their online database. Record subjects can also forward copies of the expunction order to private and third-party websites, notifying them of the dismissal or expunction.