New Hanover County, North Carolina Arrest Records
New Hanover County arrest records are offical documents created and maintained by local law enforcement agencies, detailing information about arrests that took place within the county. These agencies include the New Hanover County Sheriff’s Office and municipal police departments, such as the Wilmington Police Department and Carolina Beach Police Department. Generally, arrest records ensure that law enforcement agencies' actions are documented and transparent. They also allow for public oversight, fostering public trust in criminal justice processes.
Most New Hanover County arrest records are utilized by different government entities to produce various official records. For instance, the North Carolina State Bureau of Investigation (NCSBI) compiles these records with those from other county and state agencies to generate an individual’s statewide criminal history record information (CHRI). The NCSBI also uses these records to generate crime statistics. Additionally, information found in arrest records is typically featured in court records. The North Carolina Public Records Law controls the release of court and arrest records. However, CHRIs maintained by the NCSBI are not subject to the law.
Are Arrest Records Public Information in New Hanover, North Carolina?
Per North Carolina’s Public Records Law, codified in N.C.G.S. Chapter 132, New Hanover County arrest records are available to the public. The law states that records made or received by North Carolina government agencies in connection with the transaction of public business are public.
According to N.C.G.S. § 132-6 (b), record seekers are not required to disclose their motive when requesting public arrest records. Furthermore, they do not have to be a county resident or present an ID to access public arrest records. However, they must provide sufficient information to identify the sought record and facilitate requests. This information may include a case number, the arrestee’s name, an approximate arrest date, and arrest location.
What Do Public County Arrest Records Contain?
The typical contents of public New Hanover County arrest records include, but are not limited to, the following:
- The arrestee’s full name
- The arrestee’s physical description, such as their race, gender, and age.
- Mugshot (when available)
- Case number
- Arrest date and time
- Arrest location
- Charges
- Arresting officer’s name
In certain cases, an arrestee’s mugshot may not be available on official online resources where New Hanover County law enforcement agencies publish arrest information. Furthermore, certain arrest records and information are exempt from public access under N.C.G.S. § 132-1.2, as well as other relevant state and federal law. These include, but are not limited to:
- Sealed or expunged records
- Juvenile records (per N.C.G.S. § 7B-3000)
- Records connected to an ongoing investigation
- Social security numbers and other sensitive personal identifying information.
New Hanover County, North Carolina Arrest Search
Interested persons may find New Hanover County arrest records by conducting background checks through the North Carolina State Bureau of Investigation (NCSBI) to obtain a subject's criminal history record information (CHRI). A CHRI contains a subject’s statewide arrest information, convictions, court dispositions, and other criminal records that have been reported and compiled by NCSBI. Generally, CHRIs are not public. Thus, NCSBI only releases them to eligible persons and entities, such as the record subject, employers, North Carolina licensing entities, and other qualified agencies.
Individuals may request their CHRI, also known as a right to review, from the NCSBI using the following steps:
Step 1 - Get fingerprinted by a law enforcement official: an applicant's complete set of fingerprints on an FD-258 applicant fingerprint card is required to facilitate a background check. Fortunately, most local law enforcement agencies in New Hanover County, including the County Sheriff’s Office and Wilmington Police Department, offer fingerprinting services.
Step 2 - Prepare the applicant fee: NCSBI charges $14 per request. This fee is payable by certified check or money order addressed to NCSBI. Applicants who can not afford the application fee may request a fee waiver by submitting a claim and proof of indigence, such as a notarized affidavit of indigence.
Step 3 - Complete the NCSBI right-to-review request form: Applicants must appropriately complete the request form in accordance with the instructions outlined therein. These include providing information such as their full name, address, race, sex, date of birth, and Social Security number (optional).
Step 4 - Submit request: This entails mailing required items, i.e., the applicant’s fingerprint card, appropriate fee payment or waiver, and the completed request form to:
NC State Bureau of Investigation
Criminal Information and Identification Section
Attention: Applicant Unit — Right to Review
3320 Garner Road
Raleigh, NC 27610
Note: It may take up to 20 business days for NCSBI to process requests.
Arrest information for people who were arrested in New Hanover County but are held in state or federal custody is also available through online resources provided by relevant agencies. For instance, interested persons may use the NC Department of Adult Correction (DAC) Offender Locator to access arrest information of individuals held in state correctional facilities as far back as 1972. Meanwhile, information about federal inmates from 1982 to the present is available through the Federal Bureau of Prisons (BOP) Inmate Locator.
New Hanover County Inmate Locator
The New Hanover County Sheriff’s Office (NHSO) Inmate Inquiry portal provides access to arrest and inmate information of individuals held at the New Hanover County Detention Facility. It displays a list of all current inmates at the facility, which may be filtered by inmate name, race, sex, age, primary charge, arrest date, and booking agency. Typical information available through the NHSO’s Inmate Inquiry portal includes:
- An inmate’s full name
- Mugshot (if available)
- Age, sex, and race
- Arrest date
- Release date
- Next court date
- Charge details
- Total bond amount
Interested persons may contact the New Hanover County Sheriff’s Office (NHSO), specifically its Detention Division, for additional information and further inquiries at:
3950 Juvenile Center Road
Castle Hayne, NC 28429
Phone: 910-798-4200.
Fax: 910-798-4163
Active Warrant Search in New Hanover County
According to N.C.G.S. § 15A-304, an arrest warrant consists of a statement accusing a defendant of a crime and an order directing law enforcement officers to arrest and bring them to court to answer the charge(s) against them. In New Hanover County, an arrest warrant may be issued by a judicial official, such as a judge, magistrate, or court clerk, when they believe sufficient probable cause exists that a defendant should be arrested. Probable cause may be established by an affidavit, oath, or affirmation submitted by a law enforcement agency or based on the defendant's past behaviour, such as failing to appear when previously summoned.
Interested persons may check the New Hanover County Sheriff’s Office (NHSO) Wanted List to find out if someone has an active arrest warrant. Alternatively, they may search court records through the North Carolina Judicial Branch Portal to find information about warrants issued in specific criminal cases. They may also make in-person inquiries about active arrest warrants by visiting the New Hanover County Courthouse at:
316 Princess Street,
Wilmington, NC 28402
Phone: 910-772-6600
How to Find Arrest Records for Free in New Hanover County
The New Hanover County Sheriff’s Office (NHSO) offers different online avenues individuals may use to find local arrest records or information for free. NHSO’s Daily Bulletin provides information about the agency’s daily operation, including arrests and other activities. Users can filter the bulletin by arrests and a specific date to conduct a search. The NHSO also provides an Event Search portal that individuals may use to search for arrests the agency conducted. The portal is searchable by date, subject’s name, or location. On the other hand, arrest information for New Hanover County Detention Facility’s inmates is accessible through the NHSO’s Inmate Inquiry portal.
Similarly, some municipal police departments in New Hanover County provide online resources that enable individuals to access arrest records they maintain for free. A good example is the Wilmington Police Department's Police to Citizen (P2C) website. It is worth noting that confidential arrest records are generally not accessible through online resources provided by New Hanover County local law enforcement agencies. Eligible record seekers may need to visit the agency, present a valid ID, and pay relevant fees to request these records.
New Hanover County Arrest Report
Although New Hanover County arrest reports and arrest records may share similar elements, they are not the same thing. An arrest record is an official document that contains summarized and factual details about an arrest, such as the arrestee’s name, physical description, charges, arrest location, and date.
Meanwhile, an arrest report is a more comprehensive document that provides a detailed overview of what happened during and after an arrest. These include observations made by the arresting officer, such as the arrestee’s behaviour and vehicle details (if applicable). It may also contain witness statements collected at the scene of the arrest.
How to Get an Arrest Record Expunged in New Hanover County
In New Hanover County, record holders may petition to have their arrest record expunged, provided their record is eligible under North Carolina’s Expungement Statutes, codified in N.C.G.S Article 5. These statutes establish the requirements records must meet to qualify for expungement. Depending on the statute, arrests for certain types of offenses, like drug possession, as well as arrests that resulted in dismissed charges or a not-guilty verdict, may be eligible for expungement. It is generally advised to seek legal counsel from a licensed attorney to determine a record’s eligibility for expungement. However, an attorney is not required to file for expunction.
Generally, the process for petitioning for an arrest record expungement in New Hanover County may vary by case, but usually involves the following steps:
Step 1 - Determine the arrest record eligibility for expungement: This involves reviewing North Carolina’s Expungement Statutes to ascertain a record’s eligibility for expungement and identify the applicable statute.
Step 2 - Complete the appropriate petition form: Depending on the statute that qualifies an arrest record for expungement, record holders must use specific petition forms to apply for expungement. These forms are accessible through the North Carolina Judiciary’s forms page. Alternatively, applicants may request expungement petition forms directly from the New Hanover County Clerk of Court's office.
Step 3 - Prepare the applicable filing fee: Expungement requests are subject to a $175 filing fee. However, some expungement statutes do not require a filing fee. For instance, there are no filing fees for arrests that resulted in dismissed charges or a not-guilty verdict, unless the dismissal was due to completion of a diversion program or deferred prosecution agreement. In cases where an applicant can not afford the applicable filing fee, they can ask to file without paying the fee using this form.
Step 4 - File the expungement petition: This entails filing the completed expungement petition form, the required fee, and other necessary documents with the New Hanover County Clerk of Court's office either in person or by mail at:
New Hanover County Courthouse
316 Princess St
PO Box 2023
Wilmington, NC 28402
Subsequently, the expungement petition will be forwarded to a judge who may review it without a hearing. Alternatively, a hearing may be scheduled to ascertain whether the petitioned record qualifies for expungement and if the petitioner is of “good character”. Once the petition gets approved, an expungement order will be issued and forwarded to the relevant agencies. Note that the expunction process may take several months to be finalized.
How Do You Remove New Hanover County Arrest Records From the Internet?
Record holders can ensure their New Hanover County arrest records are removed online by petitioning for the record expungement. Generally, expunged records are exempt from public access. As a result, government and private entities are prohibited from publishing them online and are legally required to remove them from online resources where they previously published them.
Another way to remove New Hanover County arrest records from the internet, specifically third-party aggregator websites, is by submitting an opt-out. Most third-party aggregator websites allow users to opt out of their service, which essentially removes all of their personal data, including arrest records, from their private database. They usually provide an opt-out form on their website that interested persons may complete and submit to make an opt-out request. However, individuals may need to periodically check such websites to ensure that their records are not reuploaded after being removed.