Arrest records are public in Wilmington, 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, are considered public records and shall be accessible to citizens upon request. The Wilmington Police Department and New Hanover County Sheriff's Office maintain arrest records as part of their official duties, and these documents are subject to public disclosure with certain statutory exceptions.
The North Carolina Public Records Law operates under the presumption of openness, stating that public records "shall be used by any person for any purpose." This legal framework ensures transparency in governmental operations and provides citizens with the ability to monitor law enforcement activities. However, certain information within arrest records may be redacted or withheld in accordance with privacy protections established under N.C.G.S. § 132-1.4, particularly when disclosure would jeopardize an ongoing investigation or reveal confidential informant identities.
Members of the public seeking arrest records should be aware that while the information is legally accessible, practical limitations such as processing times and reasonable fees for reproduction may apply. The custodian of public records may charge fees for copies as permitted under N.C.G.S. § 132-6.2, but inspection of records must be permitted at no charge during regular business hours.
Multiple methods exist for obtaining arrest records in Wilmington, North Carolina. The following options are available to members of the public seeking such information:
In-person requests may be submitted at the Wilmington Police Department Records Division, located at 615 Bess Street, Wilmington, NC 28401. The division operates Monday through Friday from 8:00 AM to 5:00 PM and can be reached at (910) 343-3600. Requestors must complete a public records request form and present valid identification.
The New Hanover County Sheriff's Office, located at 3950 Juvenile Center Road, Castle Hayne, NC 28429, also maintains arrest records and accepts in-person requests during business hours (Monday through Friday, 8:30 AM to 5:00 PM). Their Records Division can be contacted at (910) 798-4200.
Online access to basic arrest information is provided through the Wilmington Police Department's Police to Citizen (P2C) portal. This system allows users to search for recent arrests, incidents, and accident reports without visiting a physical location.
Written requests may be submitted via mail to either agency's records division. Such requests must include the requestor's contact information, specific details about the records sought, and a notarized authorization if requesting records on behalf of another individual.
Court records related to arrests can be accessed through the North Carolina Judicial Branch's online portal or by visiting the New Hanover County Courthouse at 316 Princess Street, Wilmington, NC 28401.
Pursuant to N.C.G.S. § 132-6(a), public agencies must respond to records requests "as promptly as possible." However, processing times may vary based on the volume of requests and availability of staff resources. Requestors should anticipate potential delays during periods of high demand.
Arrest records maintained by Wilmington law enforcement agencies typically contain standardized information as required by North Carolina Administrative Code Title 12, Chapter 4E. These records generally include the following elements:
Biographical information of the arrested individual, including full legal name, known aliases, date of birth, physical description, and residential address.
Arrest details, such as the date, time, and specific location where the apprehension occurred.
Criminal charges filed, including the North Carolina General Statute citation and classification of the alleged offense(s).
Case number and incident report reference information for administrative tracking purposes.
Identity of the arresting officer(s) and the law enforcement agency responsible for the arrest.
Booking information, including the processing location, assigned identification numbers, and custody status.
Photographic documentation, commonly referred to as a "mugshot," taken during the booking process.
Fingerprint records collected at the time of processing, which are subsequently submitted to state and federal criminal databases.
Bail or bond information, including the amount set by the magistrate and conditions of release if applicable.
Court appearance dates scheduled in relation to the arrest.
The level of detail contained in publicly accessible versions of these records may be limited by applicable privacy laws and investigative exemptions as outlined in N.C.G.S. § 132-1.4. Juvenile arrest records are subject to additional confidentiality protections under N.C.G.S. § 7B-3000 and are generally not available to the public.
The State of North Carolina provides statutory mechanisms for the expungement of certain arrest records under specific circumstances. Pursuant to N.C.G.S. § 15A-145 through § 15A-152, individuals may petition the court to have records of arrests, charges, or convictions removed from public access. The expungement process in Wilmington is administered through the New Hanover County Courthouse.
Eligibility criteria for expungement vary based on several factors:
Arrests that did not result in convictions may qualify for expungement under N.C.G.S. § 15A-146, provided the charges were dismissed or the individual was found not guilty.
First-time nonviolent misdemeanor convictions may be eligible for expungement after a waiting period of 5 years under N.C.G.S. § 15A-145.5, provided the petitioner has maintained a clean record during that time.
Certain nonviolent felony convictions may qualify for expungement after a 10-year waiting period, subject to additional requirements outlined in N.C.G.S. § 15A-145.5.
Convictions for offenses committed before age 18 or 21 (depending on the offense type) have separate eligibility requirements under N.C.G.S. § 15A-145.
The expungement procedure requires the submission of a petition to the Clerk of Superior Court in New Hanover County, accompanied by the required filing fee (currently $175 for most petitions) and supporting documentation. Forms for expungement petitions are available through the North Carolina Judicial Branch website or at the courthouse.
Upon receipt of a properly filed petition, the court will schedule a hearing date. The District Attorney's Office receives notification of the petition and may present evidence regarding the petitioner's eligibility. If granted, the expungement order directs all state and local agencies to remove records of the arrest or conviction from public access and prohibits disclosure of the expunged record.
Individuals seeking expungement are advised that the process involves complex legal requirements. The New Hanover County Bar Association offers periodic legal clinics to assist low-income residents with expungement matters.