North Carolina Criminal Records

In North Carolina, criminal records are official papers that provide information about crimes perpetrated in the state. It shows offenses committed by convicted criminals and accusation, detention, and sentencing records.

Due to the state's Freedom of Information Law (FOIL), criminal records in North Carolina are open to the public. This law allows the public to access and analyze state-generated files at reasonable times.

Although these data come from various sources, the North Carolina Department of Public Safety (NCDPS) is responsible for most of the state's criminal records.

A North Carolina criminal record has the following information:

• Subject's personal information (name, gender, birth date, and race)
• Any aliases
• Set of fingerprints
• Mugshot
• Current and previous addresses
• History of crimes and arrests
• Current and previous warrants
• Conviction history
• Sex offender status

The information included in a North Carolina Criminal Record varies depending on the crimes committed by an individual. If you committed a crime in the state and are wondering what will be on your record, these crimes may show up:

Felonies

North Carolina has ten different types of felony records, from Class A to Class I. Class A felonies are the most severe in this state, and Class I felonies are the least serious.

Class A Felony

This felony has a life imprisonment sentence with or without parole. One example of a crime in this class is murder in the first degree.

Class B1 Felony

This felony includes crimes like sexual assault in the first degree and murder in the second degree. It has a sentence of 144 months or 12 years to life without parole.

Class B2 Felony

Class B2 felonies carry 94 up to 393 months in prison. Murder in the second degree is an example of a crime in this class.

Class C Felony

Some examples of crimes in this class are stealing, second-degree forcible sexual offenses, assault, and first-degree kidnapping. Those who do these things will spend between 44 and 183 months in prison.

Class D Felony

Those who commit this kind of felony will go to jail for 38 up to 160 months. Serious harm to a child, armed robbery, burglary, and starting a fire are all examples of crimes in this category.

Class E Felony

This felony entails a prison sentence of 15 up to 63 months. Some of the typical North Carolina Class E felony records are:

• Selling or delivering a controlled drug within 1,000 feet of a school
• Kidnapping in the second degree
• Assaulting a police officer with a gun
• Firing a gun into a facility where people are present

Class F Felony

For a Class F felony, you could go to jail for 10 to 41 months. In this category, crimes like assaulting a police officer, hiring a minor prostitute, and driving while impaired often falls in this category.

Class G Felony

Possession of guns, second-degree burglary and arson, identity theft, and common law robbery are some Class G felonies. If you do these things, you will go to prison for 8 to 31 months.

Class H Felony

For a Class H felony, you could spend between 4 and 25 months in prison if you have any of the following convictions:

• Escape from state prison
• Possession of stolen goods
• Hit and run
• Embezzlement of less than $100,000

Class I Felony

Drug possession, breaking motor vehicles, fabrication of current checks, and card fraud are examples of crimes in this class. Those who do this will go to jail for 3 to 12 months.

In North Carolina, felony records are permanent unless expunged. However, you must wait ten years before applying for expungement.

Misdemeanor

Like most states, North Carolina sorts its misdemeanor records into different types. The state divides misdemeanor offenses into four classes, which are:

Class A1

This misdemeanor entails a punishment of 1 to 150 days of jail time and a court-determined fine. It includes crimes such as:

• Protective order violation
• Assault with a lethal weapon
• Minor assault
• Assault causing serious injury
• Assaulting a state employee

Class 1

Class 1 penalty ranges from 1 to 120 days of jail time. The court may also impose a fine on the accused party in any appropriate amount. Some examples of offenses that fall into this class are:

• Prostitution
• Possession of drug paraphernalia
• Unauthorized use of a car
• Property theft worth $1,000 or less

Class 2

Those who commit this misdemeanor will get between 1 to 60 days of jail time and have to pay a fine of $1,000. Some of the most common offenses in this class are:

• Disorderly behavior
• Simple assault
• Defying police officers
• Sexual Abuse
• Cyberstalking
• Indecent exposure

Class 3

A misdemeanor of class 3 carries a sentence of 1 to 20 days in prison. It includes offenses such as:

• Unlicensed fishing or hunting
• Issuing a $2000 worthless check
• Possession of drug paraphernalia
• Failure to return rented property

How long do North Carolina Misdemeanor Records stay? Misdemeanor records remain on your record for the rest of your life unless removed. However, you must wait five years before applying for expungement.

Criminal Driving Violations

In North Carolina, a criminal driving violation record is a committed crime that breaks one or more of the state's traffic laws. This state has two criminal driving offenses, which are:

Felony Traffic Violations

These offenses often lead to significant property damage, death, or severe injury. As a result, it carries the worst penalties, including fines and jail time. Some examples of felony traffic offenses in North Carolina are:

• Habitual impaired driving
• Aggravated felony causing serious injury by vehicle
• Failure to stop in case of a crash
• Felony vehicular homicide
• Repeat vehicular felony
• Aggravated felony death by vehicle

Misdemeanors Traffic Violations

This offense can result in demerit points, fines, license suspension, and community service. These offenses lack aggravating circumstances, unlike felonies. However, if there are aggravating factors in the case, a misdemeanor offense may become a felony.

In North Carolina, some examples of traffic misdemeanors are:

• DWI
• Unlicensed driving
• Reckless driving
• Hit and run
• Driving with a suspended or revoked license

In North Carolina, records of criminal driving violations stay on a person's criminal record forever unless the person applies to have the record expunged.

Sexual Offenses

Sexual crime laws in North Carolina are complex and range in severity. However, many offenses involve elements that influence the degree of a misdemeanor or felony.

In North Carolina, the most common sexual offenses include:

First-degree Forcible Rape

This kind of sexual crime is a Class B1 felony, and the maximum sentence is 12 years in prison or life without parole. It includes vaginal intercourse by force and without consent, and during that act, it:

• Displays a weapon or weapon-like object
• Injures the victim
• Commits the act with help from another person

Second-degree Forcible Rape

This type of sexual offense is a class C felony, meaning you could go to prison for 44 months or more than 15 years. This offense occurs when a person participates in sexual penetration by force and without permission or with an individual who cannot give permission, including someone who is:

• Developmentally challenged
• Mentally incapable
• Physically helpless

Statutory Rape of a Minor

This kind of sexual act is a Class B1 felony. It happens when a child younger than 13 and an adult older than 18 have sexual contact.

First-degree Statutory Rape

This kind of sexual offense is a class B1 felony. It includes genital contact between a child under 12 and a person who is 12 or older.

A person who commits sexual crimes in North Carolina must register on the state sex offender registry for 30 years. However, they can petition the court for removal after ten years.

In North Carolina, this statewide registration is open to the public and searchable online. The NCDPS is responsible for updating, compiling, and maintaining it.

If interested, you can use the online registry search feature to find registered sex offenders in North Carolina by their name, sex registration number, zip code, or street address.

In North Carolina, you can only request an expungement once in your lifetime if found not guilty, guilty of a misdemeanor before you turned 18, or caught with alcohol before you turned 21.

If found not guilty, you might be able to get your arrest record expunged. However, suppose you were convicted of a nonviolent misdemeanor or felony and fulfilled all prerequisites of the state law. In that case, you must still wait five years for a misdemeanor record expunged and ten years for a felony.

Expungement Process in North Carolina

In North Carolina, you must file an appeal at the county courthouse where you were guilty to expunge your criminal record. You must complete the appropriate AOC form based on your offense, age, and the case conclusion.

The expungement process in North Carolina takes time. When you send a petition for expungement, it usually takes between 7 and 10 months to get it back. If there are mistakes on the forms, the court will deny your petition, and you will have to start the process.

To be able to get your record expunged, you must meet all of the following:

• Completed the expungement waiting period
• Paid court-ordered costs and have evidence
• No parole or probation
• No warrant or summons
• No open cases
• No pending crimes

Inmate records in North Carolina give information about people locked up or booked into local jails or state prisons. From state to state, the information on inmate records is different. In North Carolina, however, inmate records often include personal data and precise details concerning a person's incarceration status.

The NCDPS records all state inmates. If you want to find out about North Carolina Inmate Records, NCDPS has an inmate search on its website that can help you look for inmates in state prisons and get inmate records.

When searching, you must enter detailed information such as the inmate's name, birthdate, gender, and incarceration identity number.

Public access to inmate records can give the following information:

• Inmate's personal information (name, birthdate, and gender)
• Any aliases
• DOC ID
• Social security number
• Booking photo
• Weight and Height
• Placed in charge
• Sentence summary

North Carolina Arrest Records are official documents that reveal a person's arrest history. They are usually shown in a person's criminal records and are vital to each offender's records information.

In this state, an arrest warrant is an authorized court order that commands a law enforcement officer to arrest a person within the state's jurisdiction. However, if police officers see current crimes and believe the detained individuals are participating, they may capture them without needing an active warrant.

After the arrest, the officer takes the arrestee to jail. The arresting officer will then take the arrestee's mugshot, fingerprints, and other crucial and identifying information throughout the booking process. Depending on the prison, an arrestee may also have to give up their clothes and put on a jail uniform.

North Carolina State Bureau of Investigation (NCSBI) keeps most of the state's arrest records. People who want to know about arrests in the state can search the NCDPS website.

Interested parties can fill out and submit the Criminal Record Request Form to the clerk of the high courts in the county or jurisdiction where the arrest or offense occurred to request an arrest record from the NCDPS via mail.

The requester must have the arrestee's personal information when searching. The person making the request must also know if they are still in jail, out on bail, or on probation.

A successful seeker of arrest records in North Carolina will typically have the following information:

• Arrestee's personal information (name, date of birth, and sex)
• Photograph
• Physical description
• Committed crime
• Date and place of the arrest
• The name of the arresting police officer
• Name and location of the county/city jail

In North Carolina, employers check criminal records to verify a job candidate's information and to ensure the person won't represent a safety danger to the organization, its employees, or its clients.

The NCDPS collaborates with the North Carolina Court System to offer criminal background checks. If you are interested, you must complete and print the form, pay the $25 fee, and send it to the clerk's office in person or by mail.

Those seeking a free public criminal record search on themselves or others may utilize the public access computers at their county superior court clerk's office. However, records obtained here aren't verified, and printing charges may apply.

In addition, people who want to know about criminal records in their area can contact the local law enforcement agency.