>Avery County Arrest Records Online

Avery County, North Carolina Arrest Records

Are Arrest Records Public in Avery County, North Carolina?

Arrest records are public documents in Avery County, North Carolina, pursuant to the North Carolina Public Records Law (N.C.G.S. § 132-1). This statute defines public records as "all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions." The law ensures transparency in government operations and provides citizens with the right to inspect, examine, and obtain copies of public records maintained by government agencies, including law enforcement entities within Avery County.

The Avery County Sheriff's Office maintains arrest records as part of its official duties. These records document the arrest and booking process of individuals taken into custody within the county jurisdiction. Members of the public may request access to these records during normal business hours, subject to certain statutory exemptions and restrictions that may apply to specific information contained within the records.

Avery County Sheriff's Office
200 Montezuma Street
Newland, NC 28657
Phone: (828) 733-2071
Official Website
Hours: Monday-Friday, 8:00 AM - 5:00 PM

Can Arrest Records be Found Online in Avery County?

Arrest records for Avery County can be accessed online through several official channels. The Avery County Sheriff's Office maintains an online database that provides limited information regarding recent arrests and inmate status. This digital resource is available to the public 24 hours a day, seven days a week, pursuant to N.C.G.S. § 132-6.2, which states that "agencies shall provide access to public records by electronic means when requested."

The North Carolina Judicial Branch also offers online access to court records through its eCourts system. While not all counties in North Carolina have fully implemented the eCourts system, Avery County court records can be searched online for basic case information. More detailed records may require in-person requests at the courthouse.

It should be noted that pursuant to N.C.G.S. § 132-1.4, certain investigative information may be withheld from public disclosure if release would jeopardize an ongoing investigation or reveal confidential informants. Additionally, juvenile records (individuals under 18 years of age) are generally not available to the public under N.C.G.S. § 7B-3000, which provides for the confidentiality of juvenile records except under specific circumstances.

Avery County Clerk of Court
200 Montezuma Street
Newland, NC 28657
Phone: (828) 733-2611
Official Website
Hours: Monday-Friday, 8:30 AM - 5:00 PM

How to Look Up Avery County Arrest Records in 2025

Members of the public seeking Avery County arrest records have multiple methods available to them. The following options are provided in accordance with N.C.G.S. § 132-6, which states that "every custodian of public records shall permit any record in the custodian's custody to be inspected and examined at reasonable times and under reasonable supervision by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may be prescribed by law."

Visit the Avery County Sheriff's Office in person at 200 Montezuma Street, Newland, NC 28657. Staff can assist with arrest record searches during regular business hours (Monday-Friday, 8:00 AM - 5:00 PM).
Access the Avery County government website which provides a searchable database of public records, including recent arrest information. This resource is available 24/7 and can be accessed from any device with internet connectivity.
Submit a written request to the Records Division of the Avery County Sheriff's Office. Pursuant to N.C.G.S. § 132-6.2(a), "Persons requesting copies of public records may elect to obtain them in any and all media in which the public agency is capable of providing them."
Contact the Avery County Courthouse at 200 Montezuma Street, Newland, NC 28657, or by phone at (828) 733-2611. Court records related to arrests and subsequent proceedings are maintained by the Clerk of Superior Court.
Utilize the North Carolina Judicial Branch's court records portal for cases that have proceeded to court. This system provides case information, hearing dates, and disposition details.

Fees for copies of arrest records are established pursuant to N.C.G.S. § 132-6.2(b), which allows agencies to "charge fees for providing copies of public records." The current fee schedule for Avery County is $2.00 for the first page and $0.25 for each additional page for paper copies. Electronic copies may be subject to different fee structures.

Contents of an Avery County Arrest Record

Arrest records maintained by the Avery County Sheriff's Office typically contain comprehensive information about the arrest event and the individual taken into custody. Pursuant to N.C.G.S. § 15A-502, which governs the collection of identifying information from arrested persons, these records generally include:

Full legal name of the arrested individual and any known aliases or nicknames
Date of birth and demographic information (age, gender, race)
Physical description including height, weight, eye color, hair color, and identifying marks such as scars or tattoos
Residential address at the time of arrest
Date, time, and specific location of the arrest
Detailed description of the criminal charges, including the North Carolina General Statute violated
Name and badge number of the arresting officer(s)
Booking information, including the date and time of booking
Booking photograph (commonly referred to as a "mugshot")
Fingerprint impressions taken during the booking process
Information regarding bail or bond amount set
Court case number and scheduled court appearance dates
Disposition information (if available) indicating the outcome of the case

It should be noted that pursuant to N.C.G.S. § 132-1.4, certain sensitive information may be redacted from public arrest records, including social security numbers, driver's license numbers, and other personal identifying information that could facilitate identity theft if disclosed.

The Avery County Sheriff's Office Management oversees the maintenance and security of all arrest records. These records are retained according to the North Carolina Department of Cultural Resources' Records Retention and Disposition Schedule.

Expungement of Arrest Records in Avery County

Expungement is the legal process by which arrest records and related court documents are sealed or destroyed, effectively removing them from public access. In Avery County, as throughout North Carolina, expungement procedures are governed by various statutes under N.C.G.S. § 15A-145 through § 15A-152, depending on the specific circumstances of the case.

Individuals may be eligible for expungement of arrest records in Avery County under the following circumstances:

Charges were dismissed or the individual was found not guilty (N.C.G.S. § 15A-146)
Completion of a diversion program for first-time offenders (N.C.G.S. § 15A-145.2)
Certain nonviolent misdemeanor or felony convictions after specified waiting periods (N.C.G.S. § 15A-145.5)
Juvenile records upon reaching adulthood (N.C.G.S. § 7B-3200)
Identity theft victims who were wrongfully arrested due to identity theft (N.C.G.S. § 15A-147)

The expungement process requires filing a petition with the Avery County Clerk of Court. Pursuant to N.C.G.S. § 15A-145.5(c), the petition must include affidavits certifying that the petitioner has no other criminal convictions, has been of good moral character since the conviction, and has no outstanding warrants or pending criminal cases.

Upon receipt of a properly filed petition, the Clerk of Court will schedule a hearing before a judge who will determine whether the petitioner meets all statutory requirements for expungement. If granted, the court will issue an order directing all state and local agencies to expunge their records of the arrest, charge, or conviction.

It should be noted that pursuant to the Second Chance Act (S.L. 2020-35), which took effect on December 1, 2020, certain expungement processes have been streamlined, and eligibility has been expanded for some categories of offenses.

Avery County Courthouse
200 Montezuma Street
Newland, NC 28657
Phone: (828) 733-2611
Official Website
Hours: Monday-Friday, 8:30 AM - 5:00 PM