Arrest records are public documents in Asheville, North Carolina, pursuant to the North Carolina Public Records Law (N.C.G.S. § 132-1). This statute establishes that records created or received by government agencies in the course of conducting public business, including arrest records, shall be accessible to the public. The law serves to maintain transparency in governmental operations and accountability within the criminal justice system. Members of the public may inspect, examine, and obtain copies of these records unless specifically exempted by statute. Law enforcement agencies in Buncombe County are required to maintain these records and make them available upon proper request in accordance with established procedures.
The North Carolina Public Records Law provides the statutory foundation for public access to arrest records in Asheville. Key provisions of this framework include:
N.C.G.S. § 132-1 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."
N.C.G.S. § 132-6 mandates that every custodian of public records shall permit any person to examine such records at reasonable times and under reasonable supervision.
The law establishes that public agencies may charge only the actual cost of reproduction when providing copies of public records.
Certain information within arrest records may be redacted or withheld if it falls under specific statutory exemptions, such as information that would compromise an ongoing investigation or reveal the identity of a confidential informant.
Law enforcement agencies must balance the public's right to access information with privacy considerations and the integrity of the criminal justice process.
Multiple official channels exist through which members of the public may access arrest records in Asheville. The following resources are available for record retrieval:
Buncombe County Sheriff's Office
60 Court Plaza, Asheville, NC 28801
Phone: (828) 250-4503
Public Records Hours: Monday-Friday, 8:30 AM - 5:00 PM
Individuals may submit requests in person, by mail, or through the department's online portal.
Asheville Police Department
100 Court Plaza, Asheville, NC 28801
Phone: (828) 252-1110
Records Division Hours: Monday-Friday, 8:00 AM - 5:00 PM
The department maintains records of arrests within city limits.
Buncombe County Clerk of Superior Court
60 Court Plaza, Asheville, NC 28801
Phone: (828) 259-3400
Hours: Monday-Friday, 8:30 AM - 5:00 PM
The Clerk's office maintains court records related to arrests and subsequent proceedings.
North Carolina Judicial Branch eCourts Portal
This online system provides access to court records, including those related to arrests, for participating counties including Buncombe County.
Requestors should be prepared to provide specific information such as the individual's full name, date of birth, and approximate date of arrest to facilitate the search process.
Arrest records maintained by Asheville law enforcement agencies typically contain standardized information as required by N.C.G.S. § 15A-502. These records generally include:
The level of detail contained in publicly accessible versions of these records may vary based on applicable exemptions under state law and the stage of the criminal proceedings.
Arrest records in the Asheville area are maintained by multiple jurisdictions, each with specific geographical boundaries and record-keeping systems:
The Asheville Police Department maintains records for arrests occurring within the Asheville city limits.
The Buncombe County Sheriff's Office maintains records for arrests in unincorporated areas of the county and may have agreements with smaller municipalities.
The Buncombe County Courthouse houses records for all cases processed through the county's court system, regardless of the arresting agency.
Campus police departments, such as those at UNC Asheville, maintain separate arrest records for incidents occurring within their jurisdictions.
State agencies, including the North Carolina State Highway Patrol, may make arrests within Asheville city limits and maintain their own records.
Individuals seeking comprehensive arrest information may need to contact multiple agencies depending on the circumstances of the arrest and the agencies involved.
While arrest records are generally public in Asheville, certain statutory limitations and procedural restrictions may apply:
Records pertaining to juvenile arrests (individuals under 18 years of age) are subject to confidentiality provisions under N.C.G.S. § 7B-3000 and are not publicly accessible except by court order.
Information related to ongoing investigations may be temporarily withheld pursuant to N.C.G.S. § 132-1.4 if disclosure would jeopardize the investigation or reveal confidential sources.
Records that have been ordered sealed or expunged by a court are removed from public access.
Certain personal identifying information, such as Social Security numbers, may be redacted from public copies of arrest records.
Records related to arrests for certain sexual offenses may have victim information redacted to protect privacy.
Law enforcement agencies and court administrators are responsible for applying these limitations consistently while maintaining the public's right to access non-exempt information.
North Carolina law provides mechanisms for the expungement (also referred to as expunction) of arrest records under specific circumstances. Pursuant to N.C.G.S. § 15A-145 through § 15A-146, individuals may petition for expungement if:
The arrest did not result in a conviction (charges were dismissed or the individual was found not guilty).
The conviction was for a first-time, nonviolent offense and the specified waiting period has elapsed (typically 5-15 years depending on the offense category).
The arrest occurred when the individual was under 18 or 21 years of age for certain categories of offenses.
The conviction was for an offense that has subsequently been decriminalized.
The expungement process requires filing a petition with the Buncombe County Clerk of Superior Court, payment of applicable fees, and in some cases, obtaining a certificate of eligibility from the North Carolina Administrative Office of the Courts. If granted, an expungement order directs all state agencies to remove records of the arrest from public access and prohibits disclosure of the expunged record.