Arrest records are public in Gastonia, 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 those generated by law enforcement entities, shall be accessible to the public. The Gastonia Police Department maintains arrest records as part of its official documentation, which falls under the category of public records. Citizens have the legal right to request and review these documents, with certain statutory exceptions for ongoing investigations, juvenile records, and other protected information as specified in N.C.G.S. § 132-1.4.
The North Carolina Public Records Law operates under the principle that government transparency serves the public interest. This legal framework ensures that citizens can monitor the activities of law enforcement agencies and hold public officials accountable. However, requestors should note that while arrest records are public, certain information within these records may be redacted to protect privacy interests or sensitive investigative details as permitted by statute.
Multiple methods exist for obtaining arrest records in Gastonia, North Carolina. The Gastonia Police Department has implemented several access points to accommodate different public needs:
Online Records Portal: The Gastonia Police Department maintains an online crime report retrieval system where members of the public may search for and obtain copies of arrest records. Users must provide specific information such as the case number, name of involved party, or date of incident.
In-Person Requests: Citizens may visit the Records Division of the Gastonia Police Department to submit requests for arrest records during regular business hours. Staff members are available to assist with locating the appropriate documentation.
Written Requests: Formal written requests may be submitted via postal mail to the Records Division. Such requests must include pertinent details about the arrest record being sought, including the full name of the individual, approximate date of arrest, and case number if available.
Telephone Inquiries: Limited information regarding arrest records may be obtained by contacting the Records Division by telephone. However, for complete records, written or in-person requests are typically required.
Gastonia Police Department Records Division
200 E. Long Avenue
Gastonia, NC 28052
Phone: 704-866-6702
Official Website
Hours of Operation: Monday through Friday, 8:00 AM to 5:00 PM, excluding holidays.
Standard arrest records maintained by the Gastonia Police Department contain comprehensive information about the arrest event and the individual taken into custody. Pursuant to departmental policy and state regulations, these records typically include:
Biographical Information: Full legal name of the arrested individual, date of birth, physical description, residential address, and any documented aliases or known nicknames.
Arrest Details: Date, time, and specific location where the arrest occurred, along with the name and badge number of the arresting officer(s).
Criminal Charges: Complete listing of all charges filed, including the North Carolina General Statute citation for each alleged offense.
Booking Information: Photographs (commonly referred to as "mugshots"), fingerprint records, and unique identifying numbers assigned during the booking process.
Custody Status: Information regarding bail or bond amounts, release conditions, or continued detention.
Case Disposition: Current status of the case within the judicial system, including court dates, hearing outcomes, and final resolution if available.
Agency Information: Identification of the law enforcement agency responsible for the arrest and any cooperating agencies involved in the case.
It should be noted that pursuant to N.C.G.S. § 15A-266.3A, DNA samples may be collected from individuals arrested for certain qualifying offenses. Records of such collection would be included in the comprehensive arrest documentation but access to genetic information is strictly regulated by state and federal law.
The expungement process in Gastonia follows North Carolina state law, specifically N.C.G.S. § 15A-145 through § 15A-152, which provides mechanisms for the removal of arrest records from public access under qualifying circumstances. Individuals seeking expungement must meet statutory eligibility requirements that vary based on the nature of the charge, case disposition, and the petitioner's criminal history.
The North Carolina Administrative Office of the Courts has established a standardized procedure for expungement requests:
Eligibility Determination: Petitioners must first determine eligibility based on the specific statutory provisions. Generally, expungements are available for:
Petition Filing: Eligible individuals must file a petition for expungement with the Clerk of Superior Court in Gaston County. The petition must be submitted on the appropriate Administrative Office of the Courts form with all required supporting documentation.
Processing and Review: The petition undergoes review by the District Attorney's Office, the State Bureau of Investigation, and the Administrative Office of the Courts to verify eligibility and criminal history information.
Judicial Determination: A Superior Court judge reviews the completed petition and supporting materials before rendering a decision. If approved, an order of expungement is issued.
Record Sealing: Upon judicial approval, all public agencies possessing records related to the arrest, including the Gastonia Police Department, must seal these records and remove them from public access systems.
Gaston County Clerk of Superior Court
325 Dr. Martin Luther King Jr. Way
Gastonia, NC 28052
Phone: 704-852-3100
The expungement process typically requires 4-6 months for completion. Pursuant to N.C.G.S. § 15A-152, once an expungement order is issued, the individual may legally deny or refuse to acknowledge the arrest except in specific circumstances outlined in the statute.