> >Nags Head Arrest Records

Nags Head Arrest Records

Are Arrest Records Public in Nags Head, North Carolina?

Arrest records are public documents in Nags Head, 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 public agencies in North Carolina, including the Nags Head Police Department, are the property of the people. The law specifically 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."

Law enforcement agencies in Nags Head maintain arrest records as part of their official duties. These records document the apprehension and processing of individuals suspected of criminal activity within the jurisdiction. Under state law, members of the public have the right to inspect and obtain copies of these records, with certain statutory exceptions for ongoing investigations, juvenile records, and other protected information as outlined in N.C.G.S. § 132-1.4.

How to Look Up Nags Head Arrest Records in 2025

The Town of Nags Head provides multiple channels through which members of the public may access arrest records. Individuals seeking such information may utilize the following official procedures:

In-Person Requests at Police Department: Citizens may submit requests directly to the Nags Head Police Department located at 5401 South Croatan Highway, Nags Head, NC 27959. The records division is open Monday through Friday from 8:30 AM to 5:00 PM. Requestors should be prepared to provide specific information about the record being sought, including the name of the individual, approximate date of arrest, and case number if available.
Dare County Courthouse: The Dare County Clerk of Superior Court maintains court records related to arrests and subsequent proceedings. These records may be accessed at the Dare County Judicial Center located at 962 Marshall C. Collins Drive, Manteo, NC 27954. The courthouse is open Monday through Friday from 8:30 AM to 5:00 PM.
Online Public Records Request: The Town of Nags Head maintains an electronic public records request form through which citizens may submit formal requests for arrest records. Pursuant to N.C.G.S. § 132-6.2, the town may charge reasonable fees for providing copies of public records.
North Carolina State Bureau of Investigation: For comprehensive criminal history information, individuals may contact the North Carolina State Bureau of Investigation's Criminal Information and Identification Section at 3320 Garner Road, Raleigh, NC 27610. This agency maintains statewide criminal history records and can provide certified copies for official purposes.

Contents of a Nags Head Arrest Record

Arrest records maintained by the Nags Head Police Department typically contain standardized information as required by North Carolina law enforcement protocols. These official documents generally include the following elements:

Full legal name of the arrested individual and any documented aliases
Demographic information including date of birth, gender, race, and physical descriptors
Date, time, and specific location of the arrest
Statutory citation of alleged violation(s) and narrative description of the incident
Identity of the arresting officer(s) and agency
Booking information including fingerprints and mugshot photographs
Custody status and bail determination
Case disposition information, if available
Property inventory of items seized during arrest
Miranda rights acknowledgment documentation

The comprehensiveness of arrest records may vary based on the nature of the offense and the circumstances surrounding the arrest. Pursuant to N.C.G.S. § 15A-502, law enforcement agencies are required to fingerprint and photograph individuals charged with felonies and certain misdemeanors.

Expungement of Arrest Records in Nags Head

North Carolina law provides mechanisms through which certain arrest records may be expunged from public access. Expungement (also referred to as expunction) is the legal process by which arrest records and related documentation are removed from public view and, in some cases, destroyed. The Town of Nags Head and its law enforcement agencies comply with court-ordered expungements as required by state statute.

Eligibility for expungement in Nags Head is governed by several North Carolina General Statutes, including:

N.C.G.S. § 15A-145: Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor
N.C.G.S. § 15A-145.5: Expunction of certain misdemeanors and felonies
N.C.G.S. § 15A-146: Expunction of records when charges are dismissed or there are findings of not guilty

The expungement process requires the filing of a petition with the Dare County Clerk of Superior Court. Petitioners must use the appropriate Administrative Office of the Courts form and pay the required filing fee, currently set at $175 as prescribed by N.C.G.S. § 7A-308(a)(12). The petition is reviewed by a district attorney and ultimately decided by a judge.

Upon approval of an expungement petition, the court issues an order directing all state and local agencies to expunge their records. The Nags Head Police Department, upon receipt of such an order, is required to remove all public-facing records related to the arrest and respond to inquiries as if the record did not exist. However, certain law enforcement agencies may maintain sealed records of expungements for internal use only, as permitted by statute.

Individuals seeking expungement of arrest records in Nags Head are advised that the process involves strict statutory requirements and may benefit from legal consultation. The North Carolina Administrative Office of the Courts provides standardized forms for this purpose, which are available at the Dare County Courthouse.

Legal Restrictions on Arrest Record Access

While arrest records in Nags Head are generally public, North Carolina law establishes several important exceptions and limitations to public access. These restrictions serve to protect privacy interests, ongoing investigations, and vulnerable populations. The following categories of information may be withheld or redacted from public arrest records:

Information that would identify confidential informants (N.C.G.S. § 132-1.4(c))
Information that would identify undercover law enforcement officers (N.C.G.S. § 132-1.4(c))
Juvenile arrest records, which are governed by N.C.G.S. § 7B-3000 and are generally confidential
Information related to ongoing criminal investigations or intelligence information (N.C.G.S. § 132-1.4(a))
Personal identifying information such as Social Security numbers, driver's license numbers, and financial account information
Medical information protected under HIPAA and state privacy laws
Information sealed by court order

The Nags Head Police Department follows established protocols for reviewing and redacting protected information before releasing arrest records to the public. Requestors may be required to provide identification when seeking arrest records to ensure compliance with these legal restrictions.