Clayton Arrest Records
Are Arrest Records Public in Clayton, North Carolina?
Arrest records are public documents in Clayton, 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." Law enforcement agencies in Clayton maintain these records as part of their official duties, making them accessible to members of the public under state transparency laws.
The North Carolina Public Records Law establishes that these documents must be made available for inspection by any person, with limited exceptions for confidential information as specified by statute. This legal framework ensures governmental accountability while balancing privacy considerations for individuals involved in the criminal justice system.
How to Look Up Clayton Arrest Records in 2025
Members of the public seeking arrest records in Clayton, North Carolina may utilize several authorized methods to obtain this information. The Johnston County Sheriff's Office and Clayton Police Department maintain these records in accordance with North Carolina General Statutes § 132-6, which requires public agencies to provide access to public records at reasonable times and under reasonable supervision.
Authorized methods for accessing arrest records include:
In-person requests: Individuals may visit the Johnston County Sheriff's Office located at 1090 E. Market Street, Smithfield, NC 27577. Office hours are Monday through Friday, 8:30 AM to 5:00 PM. Requestors should be prepared to complete a public records request form and provide identification.
Online access: The Johnston County Sheriff's Office maintains an online inmate inquiry system through their official website. This database provides basic information about current inmates and recent arrests within the jurisdiction.
Written requests: Public records requests may be submitted via mail to the Records Division, Johnston County Sheriff's Office, 1090 E. Market Street, Smithfield, NC 27577. Requests must include the requestor's contact information and specific details about the records being sought.
Johnston County Clerk of Court: Court records related to arrests may be accessed through the Johnston County Courthouse located at 207 E. Johnston Street, Smithfield, NC 27577. The clerk's office operates Monday through Friday from 8:30 AM to 5:00 PM and can be reached at (919) 209-5400.
Pursuant to North Carolina General Statutes § 132-6.2, agencies may charge reasonable fees for copying public records, not to exceed the actual cost of reproduction. Some records may be available electronically without charge.
Contents of a Clayton Arrest Record
Arrest records maintained by law enforcement agencies in Clayton typically contain standardized information as required by North Carolina Administrative Code Title 12, Chapter 4E. These records serve as official documentation of an individual's interaction with the criminal justice system and generally include:
- Full legal name and any known aliases of the arrested individual
- Demographic information including date of birth, gender, race, and physical descriptors
- Date, time, and specific location of the arrest
- Statutory citation and description of the alleged offense(s)
- Booking number and processing information
- Fingerprint classification and identification data
- Photographic images (commonly referred to as "mugshots")
- Name and badge number of the arresting officer(s)
- Agency case number and incident report references
- Initial appearance information and bail determination
- Detention status and facility location if applicable
It should be noted that pursuant to North Carolina General Statutes § 15A-502, law enforcement agencies are required to photograph and fingerprint individuals charged with felonies, certain misdemeanors, and impaired driving offenses. These records become part of the official arrest documentation maintained by the agency.
Expungement of Arrest Records in Clayton
Under North Carolina law, certain individuals may petition for expungement of arrest records maintained in Clayton and throughout Johnston County. The expungement process is governed by various statutes within North Carolina General Statutes Chapter 15A, Article 5.
Eligibility criteria for expungement typically include:
- Cases resulting in dismissal or finding of not guilty (N.C.G.S. § 15A-146)
- First-time nonviolent offenses committed by individuals under age 22 (N.C.G.S. § 15A-145)
- Certain drug offenses committed by first-time offenders under age 22 (N.C.G.S. § 15A-145.2)
- Convictions for which the individual has been granted a pardon of innocence (N.C.G.S. § 15A-149)
The expungement procedure requires petitioners to:
- File a petition for expungement with the Johnston County Clerk of Superior Court
- Pay the required filing fee (currently $175 for most petitions)
- Obtain and submit an affidavit from two character witnesses
- Provide a certified copy of the disposition of the case
- Submit to fingerprinting and criminal background check
Upon receipt of a properly filed petition, the court will schedule a hearing to determine whether the petitioner meets the statutory requirements for expungement. If granted, the court will issue an order directing all state and local agencies to expunge their records of the arrest, charge, or conviction.
The Administrative Office of the Courts provides standardized petition forms for various types of expungements. These forms are available at the Johnston County Courthouse or may be accessed through the North Carolina Judicial Branch website.
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