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Durham Arrest Records

Are Arrest Records Public in Durham, North Carolina?

Arrest records are public in Durham, North Carolina, pursuant to North Carolina General Statutes § 132-1, which 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." This accessibility stems from the state's commitment to the Public Records Law, which mandates that information generated by public agencies, including law enforcement records, should be available to the public.

The Durham Police Department maintains arrest records as part of its official documentation. These records become public information once they are filed, allowing citizens to request and review them. However, certain information may be redacted to protect ongoing investigations or personal privacy in accordance with North Carolina General Statutes § 132-1.4, which governs criminal investigation records.

Members of the public seeking arrest records should be aware that while these documents are generally accessible, specific circumstances may limit disclosure. For instance, records pertaining to juvenile arrests are subject to confidentiality protections under North Carolina General Statutes § 7B-3000.

How to Look Up Durham Arrest Records in 2025

The Durham Police Department provides multiple channels for accessing arrest records in compliance with North Carolina's public records laws. Individuals seeking arrest information may utilize the following methods:

  • Online Public Access Systems: Residents can access the Durham Police Data and Statistics portal which provides searchable databases of arrest information. Users must provide specific information such as name, date of birth, or case number to narrow search results.

  • In-Person Requests: Citizens may visit the Durham Police Department Records Division to submit formal requests for arrest records.

Durham Police Department Records Division
505 W. Chapel Hill Street
Durham, NC 27701
(919) 560-4427
Durham Police Department
Hours: Monday-Friday, 8:30 AM - 4:30 PM

  • Durham County Courthouse: Court records related to arrests can be accessed through the clerk's office.

Durham County Courthouse
510 South Dillard Street
Durham, NC 27701
(919) 808-3000
Durham County Court Information
Hours: Monday-Friday, 8:30 AM - 5:00 PM

  • Electronic Court System: The North Carolina Judicial Branch offers eCourts services where users can search for court records related to arrests and subsequent legal proceedings.

Pursuant to North Carolina General Statutes § 132-6.2(a), agencies may charge reasonable fees for providing copies of public records, limited to the actual cost of reproduction. Requestors should be prepared to pay applicable fees when requesting physical copies of arrest records.

Contents of a Durham Arrest Record

Durham arrest records contain standardized information as required by North Carolina law enforcement protocols. These official documents typically include the following elements:

  • Full legal name of the arrested individual
  • Date of birth and demographic information
  • Physical description and booking photograph
  • Date, time, and specific location of the arrest
  • Detailed description of the alleged offense(s)
  • North Carolina General Statutes citation for each charge
  • Name and badge number of the arresting officer(s)
  • Arresting agency information and jurisdiction
  • Case/incident report number for reference
  • Bail or bond amount, if applicable
  • Court appearance date, time, and location
  • Detention facility information, if the individual was incarcerated

The Durham Police Department maintains these records in accordance with North Carolina General Statutes § 15A-502, which governs the procedures for processing individuals following arrest. While most information in arrest records is public, certain details may be redacted to protect privacy rights or ongoing investigations as permitted under state law.

Law enforcement agencies in Durham County utilize standardized forms for documenting arrests to ensure consistency and compliance with state recordkeeping requirements. These documents become part of both the arresting agency's records and the court system's case files when formal charges are filed.

Expungement of Arrest Records in Durham

The expungement process in Durham allows for the removal of arrest records from public access under specific statutory conditions. North Carolina General Statutes § 15A-145 through § 15A-152 establish the legal framework for expungement eligibility and procedures.

Individuals may qualify for expungement in the following circumstances:

  • Charges that were dismissed or resulted in not guilty verdicts
  • First-time nonviolent offenses after specified waiting periods
  • Certain drug offenses committed before age 22
  • Juvenile records upon reaching adulthood
  • Charges resulting from identity theft or mistaken identity

The expungement procedure requires petitioners to:

  1. File a petition for expungement with the Durham County Clerk of Superior Court
  2. Pay the required filing fee (currently $175 as of 2025)
  3. Obtain and submit a certified copy of their criminal record
  4. Provide affidavits certifying good moral character
  5. Attend a hearing if scheduled by the court

Durham County Clerk of Superior Court
510 South Dillard Street, Suite 9400
Durham, NC 27701
(919) 808-3003
Durham County Court Services
Hours: Monday-Friday, 8:30 AM - 5:00 PM

Upon approval of an expungement petition, the court issues an order directing all state and local agencies to seal or destroy records pertaining to the arrest. This includes records maintained by the Durham Police Department, Durham County Sheriff's Office, North Carolina State Bureau of Investigation, and the Administrative Office of the Courts.

Pursuant to North Carolina General Statutes § 15A-151, expunged records remain accessible to law enforcement agencies, prosecutors, and judges for limited purposes, including consideration in subsequent expungement petitions or sentencing for future offenses.

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