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Henderson Arrest Records

Are Arrest Records Public in Henderson, North Carolina?

Arrest records are public in Henderson, North Carolina, pursuant to North Carolina General Statutes § 132-1, which establishes the state's public records law. This statute mandates that records created or received by public agencies in the course of conducting public business are available for public inspection. Arrest records fall under this classification as they document official actions taken by law enforcement agencies operating within Henderson and Henderson County jurisdictions. The public accessibility of these records serves multiple governmental purposes:

  • Ensuring transparency in law enforcement operations
  • Maintaining accountability of public officials
  • Providing citizens with information about criminal activity in their communities
  • Supporting the constitutional right to public trials and proceedings

The North Carolina Public Records Act specifically designates that these records must be made available to any person upon request, with limited exceptions for ongoing investigations or records sealed by court order.

How to Look Up Henderson Arrest Records in 2025

Members of the public seeking Henderson arrest records have several official channels through which they may obtain this information. The Henderson Police Department and Henderson County Sheriff's Office maintain systems for public access to arrest documentation in compliance with North Carolina General Statutes § 132-6. Individuals may access these records through the following methods:

  • In-person requests at the Henderson Police Department located at 200 Breckenridge Street, Henderson, NC 27536. Office hours: Monday-Friday, 8:00 AM to 5:00 PM. Telephone: 252-492-0202.

  • Written requests submitted to the Henderson County Sheriff's Office at 100 North Grove Street, Hendersonville, NC 28792. Telephone: 828-697-4596.

  • Utilizing public access terminals available at the Henderson County Courthouse located at 1 Historic Courthouse Square, Hendersonville, NC 28792. Hours of operation: Monday-Friday, 8:30 AM to 5:00 PM.

  • Submitting formal records requests via certified mail to the Records Division of either law enforcement agency, including the required identification documentation and applicable processing fees.

Requestors should note that processing times may vary depending on the volume of requests and availability of staff. Pursuant to § 132-6.2(a), agencies must respond to records requests "as promptly as possible."

Contents of a Henderson Arrest Record

Henderson arrest records contain standardized information as mandated by North Carolina Administrative Code Title 12, Chapter 4J. These official documents typically include comprehensive data elements that serve both law enforcement and public information purposes. Standard arrest records maintained by the Henderson Police Department and Henderson County Sheriff's Office contain the following information:

  • Full legal name of the arrested individual and any documented aliases
  • Date of birth and demographic information including race, sex, and height
  • Residential address at time of arrest (may be redacted in public versions)
  • Date, time, and precise location of the arrest
  • Statutory citation and description of the alleged criminal offense(s)
  • Case or incident number assigned by the arresting agency
  • Name and badge number of the arresting officer(s)
  • Booking photograph ("mugshot") taken during processing
  • Fingerprint classification data
  • Custody status information including bail amount, if applicable
  • Court appearance dates and locations

Pursuant to North Carolina General Statutes § 15A-502, law enforcement agencies are required to fingerprint and photograph individuals charged with felonies, certain misdemeanors, or impaired driving offenses. These records become part of the official arrest documentation maintained in Henderson County's record management systems.

Expungement of Arrest Records in Henderson

The expungement process in Henderson follows North Carolina General Statutes § 15A-145 through § 15A-152, which provide legal mechanisms for the removal of arrest records from public access under specific circumstances. Individuals seeking expungement must meet statutory eligibility requirements and follow prescribed procedures established by the North Carolina Administrative Office of the Courts.

Eligibility criteria for expungement in Henderson County include:

  • Arrests that did not result in conviction
  • First-time nonviolent offenses after prescribed waiting periods
  • Charges dismissed by the prosecutor or court
  • Findings of not guilty or not responsible
  • Successful completion of drug treatment court, mental health court, or other diversion programs
  • Pardoned offenses

The expungement procedure requires petitioners to:

  1. File a petition for expungement with the Henderson County Clerk of Superior Court at 1 Historic Courthouse Square, Hendersonville, NC 28792.
  2. Pay the required filing fee (currently $175 for most petitions) unless granted a fee waiver.
  3. Obtain and submit an affidavit certifying good moral character from two unrelated county residents.
  4. Provide a complete criminal record check from the State Bureau of Investigation.
  5. Serve copies of the petition on the District Attorney's Office.

Upon receipt of a properly filed petition, the court conducts a review to determine if the petitioner meets all statutory requirements. If approved, the court issues an order directing all agencies to expunge records related to the arrest. Pursuant to § 15A-150, upon receiving an expungement order, agencies must remove all public-facing records and restrict access to the expunged information.

The North Carolina Administrative Office of the Courts maintains standardized forms for expungement petitions that must be used when filing in Henderson County courts.

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