North Carolina Criminal Court Records

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    North Carolina criminal court records, or criminal case records, document legal deliberations from criminal courts, aiming to determine guilt or non-guilt for infractions, misdemeanors, or felonies. Criminal cases in the state can start via grand jury indictment, summons, statement of charges, criminal information, magistrate's order, warrant, or citation (G.S. 15A€‘921). The case records, which are compiled from each case's opening until final judgment (acquittal, conviction, probation, etc.), are maintained to ensure public transparency, safeguard due process, and create an official trail for appeals and post-judgment remedies like expunction or sentence modification. The Superior and District Courts, the state's criminal courts, maintain these records, with access regulated by state law.

    Are Criminal Court Records Public in North Carolina?

    Yes. Unless sealed by court order or restricted by law, North Carolina criminal court records can be acquired by any member of the public. Chapter 132 of North Carolina's General Statutes (N.C.G.S.), the North Carolina public records law, designates these records as "public records," encompassing all papers, letters, recordings, documents, electronic data, and other items connected to a criminal court's adjudicative functions, regardless of form or characteristics.

    Exempt criminal court records in North Carolina include

    • Sealed or expunged records
    • Juvenile records (G.S. 7B-2901(a), 7B-3000(b))
    • Presentence reports (G.S.15A-1333)
    • Reports on a defendant's capacity to proceed (G.S. 15A-1002(d))
    • Identifying information highlighted in G.S. 132-1.10, including fingerprints, passport numbers, Social Security numbers, biometric data, and driver's license numbers
    • Mental health evaluations
    • Protected victim identifying information
    • Attorney-client correspondence

    What Criminal Court Records Contain in North Carolina

    While criminal cases in North Carolina surround the state's prosecution of an alleged offender and the accused's defense, the specific contents of criminal court records vary based on the charges and ensuing proceedings.

    Documents/information in a North Carolina criminal court file can include

    • Charging instruments (such as criminal informations, criminal complaints, indictments, and citations)
    • Dockets or registers of action. These show the names of the defendant, attorneys, judge, and clerk, as well as case hearing dates & locations, case number, case type, charge(s), case status, and actions of the court.
    • Evidence logs
    • Witness and jury lists
    • Summonses
    • Hearing and trial transcripts
    • Plea agreements
    • Arrest or incident reports filed with the court
    • Motions
    • Orders
    • Jury verdicts
    • Sentencing orders
    • Warrants
    • Dismissals
    • Probation or parole reports
    • Appeal notices

    Public criminal court records differ from complete files, which include confidential data. In North Carolina, only authorized individuals or those with a valid court order can access confidential criminal court records.

    North Carolina Criminal Court Records Search

    A North Carolina criminal court records search can be conducted by visiting a public, self-service terminal or kiosk located at the superior clerk's office in the county where the case was filed (See county courthouse locations). Public terminals can be searched with a defendant's name, a witness/victim's name, or a case number, and no fee is assessed to search for or inspect records. Plain and certified copies of court documents are also available at the courthouse, but a nominal fee may be collected from the requester as per G.S. 132-6.2b. The state judiciary's website features the most current copy costs (See under "Miscellaneous Costs" or "Other Costs").

    For those unable to visit a courthouse, remote access is available via the eCourts Services portal. Users can search for, view, and download uncertified copies of criminal cases (in eCourts counties only) by inputting a case party's name, case number, attorney's name, etc. User registration is not required. Members of the public can learn how to use the eCourts portal by following the guidelines on the Portal Training and Resources page.

    The North Carolina judiciary also provides a paid Remote Public Access Program, which offers real-time access to criminal and civil cases or bulk data extracts in all 100 North Carolina counties.

    Note: Cases appealed to the North Carolina Supreme Court or Court of Appeals are accessible via the courts' Document Library and on their respective websites (under "More Information"). Alternatively, individuals may contact or visit the relevant court clerk's office for case access.

    Free Access to Criminal Court Records in North Carolina

    To view or download North Carolina court records for free, an individual can access the eCourts Services portal provided on the state judiciary's website. Free access is also available at the superior clerk's office via public kiosks. A physical visit may be preferred over the eCourts Services portal when seeking confidential case types, older records, or records not disseminated electronically. However, if the clerk's office furnishes copies of court records, the requester will be charged relevant costs-typically $2 for the first page of each document, and 25 cents thereafter.

    Sealing and Expungement of Criminal Court Records in North Carolina

    Within the criminal justice system, sealing and expungement procedures offer a clean slate to persons arrested, charged, or convicted of a criminal offense. In some states, both sealing (restricting records from public view) and expungement (physical destruction of documents) are available under specified conditions and to specific defendants. However, in other states, no true "expungement" exists, even though the government may refer to the legal process as such. North Carolina is one of the latter states.

    In North Carolina, an expungement, or "expunction," clears the public record of arrests, criminal charges, or convictions but does not permanently destroy the record. The public cannot see expunged records, but certain government departments, including criminal justice agencies (prosecutors, state or local law enforcement agencies) and specific employers/licensing agencies (such as the North Carolina Criminal Justice Education and Training Standards Commission), will retain access (G.S. §§ 15A-151, 15A-151.5).

    Furthermore, North Carolina considers certain expunged records (those granted on/after July 1, 2018) as a prior offense under G.S. 5A-151.5.

    How to Seal Criminal Court Records in North Carolina

    In North Carolina, criminal court records are not usually "sealed." Sealing is generally reserved for civil lawsuits or confidential/sensitive information, but solely at the judge's discretion.

    North Carolina offers "expunction" for criminal charges or convictions. The state's expunction or expungement procedures for criminal records (including court records) are spotlighted below.

    How to Expunge a Criminal Record in North Carolina

    North Carolina has several expungement/expunction statutes, each addressing different case scenarios. To be eligible for relief under these statutes, a person (adult) must have been arrested, charged, or convicted of a qualifying offense. Petition forms for each type of expungement are available on the state judiciary's Forms website.

    An eligible petitioner should file for expunction in the superior court clerk's office in the county where the arrest, charge, or conviction occurred. While legal representation is not mandatory, every petitioner is advised to accurately complete the appropriate petition form to prevent significant delays or rejection. It is recommended to obtain one's criminal history record from the State Bureau of Investigation to ensure the petition is filled out correctly. A $175 filing fee is required for expungement; parties unable to pay can request a waiver by completing the Petition To Proceed As An Indigent form.

    The following should be noted about North Carolina expungements:

    • Waiting Periods: Some expunction statutes impose a waiting period before a petition can be filed. For instance, individuals with nonviolent misdemeanor or nonviolent felony convictions must wait a minimum of 5 years (for a misdemeanor) or at least 10 years (for a felony). Such petitioners also cannot have any other misdemeanor or felony convictions, excluding a traffic violation.
    • Multiple Statutes: A case may qualify for expunction under more than one statute. In such cases, seeking legal counsel is recommended to determine the best option.
    • Court Hearings: A court hearing is not always necessary. The judge may enter an expunction order without a hearing, particularly if the case ended in a dismissal or other favorable disposition.

    The North Carolina judiciary's Expunctions website answers frequently asked questions and details other specifics of the expungement process.

    Note: North Carolina courts also expunge certain juvenile records related to allegations, adjudications of delinquency, or undisciplined behavior. The procedures and forms differ, and no filing fee is required. Further information on juvenile expungements in North Carolina can be found on the state judiciary's website.

    Criminal Records in North Carolina vs Court Records

    Criminal records are distinct from court records in North Carolina. Criminal records consolidate official criminal justice information on individuals arrested, charged, or convicted in the state. In reality, these records are decentralized; each criminal justice agency keeps records specific to its function (e.g., correctional facilities hold incarceration records, while law enforcement agencies keep arrest reports). However, the most comprehensive compilation of all agency records, known as "criminal history records" or "rap sheets," is maintained by the North Carolina State Bureau of Investigation (NCSBI).

    Conversely, court records are the official accounts of criminal proceedings retained by the judicial branch. While separate from criminal records, these documents form a crucial component of an individual's criminal history, as courts consistently report charges, convictions, and dispositions to the NCSBI.

    Requesting a North Carolina Criminal History Record

    The State Bureau of Investigation disseminates North Carolina criminal history records. This agency serves as the central repository for such information, providing access to authorized entities (like employers and state licensing agencies) and the public.

    Notably, the term "public" is not all-encompassing-it refers solely to the subject of the record. While individuals can request a copy of their criminal history records for personal review, the NCSBI does not release this information to the general public (refer to Rules of the NCSBI, Division of Criminal Information (DCI), 14B NCAC 18A.0101-18C.0301).

    The public, notwithstanding, possesses other avenues of finding North Carolina criminal history records. State and local criminal justice agencies, such as the courts and the North Carolina Department of Public Safety, can provide some information about a person's criminal past. Furthermore, many private background check companies offer access to public criminal records online, typically for a fee.

    How to Request a North Carolina State Background Check

    Anyone can request their North Carolina Criminal History Record Information (CHRI), also known as a North Carolina State Background Check or "Right to Review," directly from the State Bureau of Investigation. This record includes identifiable descriptions, notations of arrest, detentions, indictments or other formal charges, as well as disposition, sentencing, correctional supervision, and release information (14B NCAC 18A.0102 (8))

    The NCSBI recommends these steps for submission:

    • Complete the Form: Fill out the Right to Review Form. This form contains instructions for a successful biometric check.
    • Provide Fingerprints: The applicant will need to obtain a legible set of fingerprint impressions from their local law enforcement agency and submit them with the form. Fingerprints are required for an accurate match.
    • Pay the Fee: Include a $14 fee for each request. This can be paid by certified check or money order.
    • Mail the Request: Send the request via US mail to the NCSBI.

    Employers or licensing departments seeking a North Carolina State Background Check on an applicant should refer to the NCSBI's Employers/NC Licensing Entities and FAQs pages for further guidelines.

    Active vs Archived Criminal Cases in North Carolina

    An Active Criminal Case is simply a case for which legal proceedings are still ongoing. These cases are readily accessible to the public through various channels, including

    • The superior court clerk's offices (via public kiosks and direct requests)
    • The North Carolina eCourts Services portal
    • The North Carolina Judiciary's Remote Public Access Program

    In contrast, an Archived Criminal Case is a case that has reached final disposition and whose retention period has lapsed. Once this happens, the case files are transferred to an official archives department for storage. Due to their off-site storage, archived cases usually require a direct request to the superior court clerk's office. They often require additional processing time, and requesters may be asked to return on a specific date to view or inspect the records, especially if other viewing methods, such as mailing copies, are unavailable.