Arrest records are public in Boone, 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." This accessibility supports governmental transparency and accountability as mandated by state law.
The North Carolina Public Records Law further stipulates that these records shall be "the property of the people." Members of the public may inspect and obtain copies of all public records unless specifically exempted by state or federal law. Law enforcement agencies in Watauga County maintain these records in accordance with statutory requirements.
Watauga County residents and other interested parties have multiple methods to access arrest records in Boone. The following official channels are available for record retrieval:
In-person requests at the Watauga County Sheriff's Office located at 184 Hodges Gap Road, Boone, NC 28607. Office hours are Monday through Friday, 8:00 AM to 5:00 PM. Requestors must complete a public records request form and present valid identification.
Direct inquiries to the Watauga County Clerk of Superior Court at 842 West King Street, Suite 13, Boone, NC 28607. The office operates Monday through Friday from 8:30 AM to 5:00 PM and can be reached at (828) 268-6600.
Electronic access through the North Carolina Court System's public portal, which provides limited case information pursuant to Administrative Office of the Courts guidelines.
Written requests submitted to the Records Division of the Boone Police Department at 1500 Blowing Rock Road, Boone, NC 28607. Processing times vary according to request volume and complexity.
Pursuant to North Carolina General Statute § 132-6.2(b), fees may be assessed for copying and special service charges for extensive use of information technology resources or extensive clerical or supervisory assistance.
Official arrest records maintained by Watauga County law enforcement agencies contain standardized information as required by North Carolina Administrative Code Title 12, Chapter 4E. These records typically include:
The North Carolina State Bureau of Investigation maintains standards for arrest record documentation through its Division of Criminal Information, ensuring consistency across jurisdictions within the state.
While arrest records are generally public in Boone, certain statutory exceptions limit access in specific circumstances:
North Carolina General Statute § 15A-145.5 provides for the expungement of certain records, rendering them inaccessible to the general public. Additionally, pursuant to § 7B-3000, juvenile records are confidential and not subject to public disclosure except by court order.
Records pertaining to ongoing investigations may be temporarily withheld under § 132-1.4 when disclosure would jeopardize case integrity or compromise law enforcement techniques. Sexual assault victims' identifying information is protected under § 132-1.4(d).
The Federal Privacy Act of 1974 (5 U.S.C. § 552a) further restricts the dissemination of certain information contained in arrest records when shared with federal agencies or included in federal databases.
Unauthorized access or misuse of criminal history information may constitute a violation of state law under North Carolina General Statute § 14-454.1 regarding accessing government computers without authorization.
Eligible individuals may petition for expungement of arrest records in Watauga County pursuant to various provisions of North Carolina General Statutes Chapter 15A. The expungement process effectively seals records from public view, though certain government agencies retain limited access.
Eligibility criteria vary by statute but generally include:
The procedural requirements include:
Upon approval, the court issues an order directing all state and local agencies to expunge their records. The Administrative Office of the Courts then notifies relevant agencies to comply with the expungement order within a specified timeframe.
Employers, landlords, and other entities in Boone conducting background checks must comply with both state and federal regulations when utilizing arrest record information:
The Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) governs the collection and use of consumer information, including criminal history, when obtained through consumer reporting agencies. This federal law requires disclosure to and authorization from the subject before obtaining such reports.
North Carolina General Statute § 15A-173.5 prohibits discrimination based solely on expunged records. Additionally, pursuant to § 14-118.6, it is unlawful to knowingly disclose information about expunged records.
The Equal Employment Opportunity Commission provides guidance under Title VII of the Civil Rights Act regarding the use of arrest records in employment decisions, cautioning against practices that may create disparate impact on protected classes.
Public employers in Boone are subject to additional restrictions under "Ban the Box" policies adopted by the Town of Boone, which limit inquiries about criminal history until later stages of the hiring process.