Johnston County, North Carolina Arrest Records
Are Arrest Records Public in Johnston County, North Carolina?
Arrest records are public documents in Johnston 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 North Carolina Public Records Law establishes that these records shall be "the property of the people." Consequently, arrest records maintained by the Johnston County Sheriff's Office and other law enforcement agencies within the county are accessible to members of the public, with certain statutory exceptions for confidential information. This legal framework ensures transparency in governmental operations and upholds the public's right to information regarding law enforcement activities within the jurisdiction.
Individuals seeking access to arrest records may encounter certain restrictions related to ongoing investigations, juvenile records (protected under N.C.G.S. § 7B-3000), or records that have been expunged pursuant to applicable state law. These exceptions are designed to balance the public's right to information with privacy interests and the integrity of the criminal justice system.
Can Arrest Records be Found Online in Johnston County?
Johnston County arrest records are available through various online platforms maintained by county and state agencies. The Johnston County Sheriff's Office maintains a digital database of recent arrests that is accessible to the public via their official website. This resource is updated regularly to reflect current arrest information within the jurisdiction.
Additionally, the North Carolina Administrative Office of the Courts provides the eCourts system that contains criminal case information, including arrest data. This system allows users to search for cases by name, case number, or other identifiers. The implementation of digital record-keeping systems is consistent with N.C.G.S. § 132-6.1, which addresses electronic public records.
Online access to these records is subject to the same legal restrictions that apply to physical records. Certain information may be redacted or unavailable due to statutory protections for confidential information, ongoing investigations, or records that have been legally expunged or sealed by court order.
Users of online arrest record systems should be aware that the information provided is for informational purposes only and that an arrest does not imply guilt. All individuals are presumed innocent until proven guilty in a court of law, pursuant to constitutional protections.
How to Look Up Johnston County Arrest Records in 2025
Members of the public seeking Johnston County arrest records in 2025 have multiple methods available to them, as prescribed by North Carolina General Statutes § 132-6, which mandates 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."
The following methods are available for accessing arrest records:
In-Person Requests: Individuals may visit the Johnston County Sheriff's Office located at 120 S. Third Street, Smithfield, NC 27577. Office hours are Monday through Friday, 8:30 AM to 5:00 PM. Staff will assist with record searches upon presentation of proper identification.
Online Access: The Johnston County Sheriff's Office maintains a searchable database of recent arrests at their official website. Additionally, the North Carolina Judicial Branch provides access to court records that may contain arrest information.
Written Requests: Written requests for arrest records may be submitted to the Records Division, Johnston County Sheriff's Office, P.O. Box 1809, Smithfield, NC 27577. Requests must include the full name of the subject, date of birth (if known), approximate date of arrest, and a self-addressed stamped envelope for response.
Criminal Background Checks: For comprehensive criminal history information, individuals may request a certified criminal background check through the Johnston County Clerk of Superior Court's Office located at Johnston County Courthouse, 207 E. Johnston Street, Smithfield, NC 27577. Phone: (919) 209-5400.
Fees for record searches are established pursuant to N.C.G.S. § 132-6.2 and may vary based on the type and volume of records requested. Payment methods include cash, money order, or credit card for in-person requests, and money orders for mail requests.
Contents of a Johnston County Arrest Record
Johnston County arrest records, maintained in accordance with North Carolina General Statutes § 15A-502, typically contain comprehensive information regarding the arrest event and the individual taken into custody. These records serve as official documentation of law enforcement actions and are utilized throughout the criminal justice process.
Standard components of a Johnston County arrest record include:
Biographical Information: Full legal name, known aliases, date of birth, gender, race, height, weight, eye and hair color, and residential address of the arrested individual.
Arrest Details: Date, time, and location of the arrest; name and badge number of the arresting officer(s); and the law enforcement agency responsible for the arrest.
Criminal Charges: Specific statutory violations alleged, including North Carolina General Statute references and charge classification (misdemeanor or felony).
Case Identifiers: Unique booking number, case number, and other administrative identifiers used for tracking purposes within the criminal justice system.
Biometric Data: Fingerprints collected pursuant to N.C.G.S. § 15A-502(a), which requires fingerprinting upon arrest for felonies and certain misdemeanors.
Photographic Evidence: Booking photographs (commonly referred to as "mugshots") taken at the time of processing.
Custody Status: Information regarding bail or bond amounts, release conditions, or continued detention.
Court Information: Initial appearance date, assigned court, and preliminary hearing schedules when applicable.
It should be noted that certain elements of arrest records may be redacted or restricted from public access in accordance with state law, particularly information related to confidential informants, victims of certain crimes, or details that might compromise ongoing investigations.
Expungement of Arrest Records in Johnston County
Expungement procedures in Johnston County operate under the authority of North Carolina General Statutes Chapter 15A, Article 5. Expungement (also referred to as expunction) is the legal process by which arrest records and related criminal history information are removed from public access and, in some cases, from law enforcement databases.
Pursuant to N.C.G.S. § 15A-145 through § 15A-152, individuals may petition for expungement under the following circumstances:
- Charges resulting in dismissal or finding of not guilty
- First-time nonviolent offenses committed before age 18 or 21 (depending on the offense)
- Certain drug offenses committed before age 22
- Charges resulting from identity theft
- Charges dismissed through successful completion of a diversion program
- Certain nonviolent felonies and misdemeanors after specified waiting periods
The expungement process requires petitioners to:
Obtain and complete the appropriate petition form from the Johnston County Clerk of Superior Court's Office at 207 E. Johnston Street, Smithfield, NC 27577.
Submit the petition with required affidavits and documentation to the clerk's office, along with the filing fee (currently $175 for most petitions, though fee waivers may be available for indigent petitioners).
The petition is then reviewed by a district attorney, the State Bureau of Investigation, and ultimately a superior court judge who determines whether the petitioner meets statutory requirements.
If granted, an Order of Expungement directs all state and local agencies to expunge their records of the specified arrest and related proceedings. Following expungement, the individual may legally deny or refuse to acknowledge the existence of the arrest or charges, except in certain circumstances specified by statute.
The Johnston County Clerk of Superior Court's Office provides assistance with expungement procedures during regular business hours, Monday through Friday, 8:30 AM to 5:00 PM. Telephone inquiries may be directed to (919) 209-5400.
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