Searching for criminal records in North Carolina can feel like navigating a maze. This comprehensive guide will illuminate the process, helping you understand where to look, what information you can access, and the legal considerations involved. Whether you're conducting background checks for employment, personal safety, or legal reasons, understanding the North Carolina system is crucial.
What Types of Criminal Records Exist in North Carolina?
North Carolina maintains various types of criminal records, including:
- Felony Records: These pertain to serious crimes with potential sentences of a year or more in prison.
- Misdemeanor Records: These involve less severe crimes, often resulting in fines or shorter jail sentences.
- Traffic Records: While not strictly criminal, these records detail traffic violations and accidents. They're often accessible through separate databases.
- Juvenile Records: Records involving individuals under the age of 18 are generally sealed and not accessible to the public. Access is typically restricted to law enforcement and court officials.
Where Can I Find North Carolina Criminal Records?
Accessing criminal records in North Carolina isn't a one-stop shop. Several resources offer varying levels of access:
- North Carolina Department of Public Safety (NCDPS): The NCDPS is a primary source for criminal history information. However, access is often restricted to authorized individuals and agencies. They primarily handle fingerprint-based background checks.
- North Carolina Administrative Office of the Courts (NCAOC): The NCAOC provides access to court records, including criminal case information. Access may be limited depending on the specific case and its status. You may find details online via their website or need to visit local courthouses.
- County Clerk of Superior Court Offices: Each county maintains its own records. To access local court records, you'll typically need to visit the clerk's office in the relevant county.
- Third-Party Background Check Services: Numerous commercial background check companies offer access to criminal records. Be aware that these services may charge fees and the accuracy and comprehensiveness of their information can vary.
Important Note: The availability of records can vary. Sealed or expunged records are typically inaccessible to the public.
How Do I Conduct a Criminal Background Check in North Carolina?
The process depends on your needs and access level:
- For Employers: Many employers use third-party background check services to screen candidates. These services typically handle the complexities of accessing relevant databases.
- For Personal Reasons: If you're conducting a background check for personal reasons, you might start by searching court records online through the NCAOC website. You may need to visit a county courthouse for more comprehensive information.
- For Legal Proceedings: Attorneys frequently access criminal records for legal cases. They often utilize specific databases and may have access to information not available to the general public.
Remember, always respect privacy laws. Unauthorized access to criminal records can lead to legal consequences.
What Information Is Typically Included in a North Carolina Criminal Record?
A criminal record typically contains:
- Defendant's Name and Identifying Information: This includes date of birth, address, and other identifying details.
- Charges: The specific crimes the individual was charged with.
- Disposition: The outcome of the case – guilty, not guilty, dismissed, etc.
- Sentencing Information: If applicable, details of the sentence, including fines, jail time, and probation.
- Case Number and Court Information: This helps identify the specific case within the court system.
Are There Fees Associated with Accessing Criminal Records in North Carolina?
Yes, fees vary depending on the source and type of record requested. Court records typically involve fees payable at the courthouse. Third-party background check services also charge varying fees.
How Can I Find Expunged Records in North Carolina?
Expunged records are typically sealed and are not publicly accessible. Only specific individuals and agencies (like law enforcement) may have access under limited circumstances.
What is the difference between expungement and sealing of records?
While both expungement and sealing make records less accessible, there are key differences. Expungement essentially removes the record from existence, while sealing keeps the record but restricts public access. The specifics of each process and their effects are complex and best understood through legal counsel.
This guide provides general information. For specific legal advice or assistance accessing North Carolina criminal records, consulting with a legal professional is recommended. Always adhere to state and federal laws regarding access to and use of criminal record information.
