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Gaston County, North Carolina Arrest Records

Arrest records are specific categories of law enforcement documents created to preserve key details about every aspect of an arrest. Gaston County arrest records include arrest reports, booking records, arrest logs, police blotters, jail rosters, and, in some cases, incident reports. Aside from their record-keeping purposes, arrest records are also significant legal documents that can be used as evidence in criminal court cases.

Arrest records provide citizens with details about who was arrested, why they were arrested, and other circumstances surrounding the arrest. These records provide interested citizens with a complete overview of any arrest, as required by the North Carolina Public Records Act, while also ensuring that information about that arrest is preserved for future reference. All Gaston County arrest records for convicted persons fall under criminal record information and are also made public under Chapter 132 of North Carolina's General Statutes, unless specifically exempted by a court ruling.

Are Arrest Records Public Information in Gaston, North Carolina?

Yes, arrest records are public records in Gaston County under North Carolina's public records laws. The public records law in North Carolina presumes that all arrest records must be made available to interested members of the public and that it is the responsibility of the custodian of public records to establish methods for citizens to request them. However, Section 132-4 of the North Carolina General Statutes also exempts certain arrest records from public access. Some examples of exempted arrest records include:

  • Arrest records from an active criminal investigation
  • Juvenile arrest records 
  • Sealed and expunged arrest records 
  • Arrest records that are part of intelligence reports 

  Record custodians may also redact or omit sensitive personal information from arrest records, such as Social Security numbers.

Gaston County Arrest Search

 Interested persons can search for Gaston County arrest records through the North Carolina Judicial Branch or request criminal history information from the North Carolina State Bureau of Investigation. These portals can be used to obtain Gaston County arrest records of convicted persons and arrest reports from cases that were charged and went to trial. The North Carolina judicial branch portal can be used to find arrest information in case records and court documents. Users can search the portal by first specifying the county, then entering the name of the arrested person or the court case number.

Similarly, individuals can conduct a background check on others by searching the North Carolina Department of Public Safety portal for arrest records. Information seekers can search the portal by simply entering a subject's first and last name. The portal will reveal arrest information about a person, along with details on criminal offenses and convictions.

Gaston County Inmate Locator

 Gaston County inmate locators are online tools and in-house databases that allow anyone to look up information about inmates housed at any Gaston County jail facility. Arrest information is usually included in inmate records. Persons who want to look up arrest information from the Gaston County Inmate Portal can do so online using the Gaston County Inmate Portal. The portal can be searched by the person of interest's full name or their booking number. People can also visit the Gaston County Sheriff's Office and use the public access system to search for arrest records included in inmate records.

Active Warrant Search in Gaston County

A warrant for arrest in Gaston County, as defined by §15A-304 of the North Carolina General Statutes, is a document issued by the county court that includes an order directing law enforcement to arrest a person. That detained individual is typically held to answer to the charges against them, as well as a statement of the crime of which the suspect is accused.

Judicial officers in Gaston County issue arrest warrants only when they have sufficient information, supported by an oath or affirmation, to independently determine that there is reasonable cause to suspect that a crime has been committed and that the individual to be arrested committed it.

Persons who want to search for active warrants in Gaston County can do so through the North Carolina judicial portal. The portal links to a database containing every warrant issued by any North Carolina county court. Persons can use this portal to search for warrants by specifying the county, then initiating a search using the name of a subject who may have a warrant.

How to Find Arrest Records for Free in Gaston County

Anyone can find arrest records in Gaston County for free by submitting a public records request through the law enforcement agencies' websites. For example, the Gaston County Police Department provides an online form for individuals to request public police records free of charge. Persons can complete the online form to request police reports, charge sheets, booking information, and other types of police records. 

The Gaston County Police Department may also waive fees for in-person record requests if the subject of the record was wrongfully arrested or can prove they cannot afford to pay for the records. Those who cannot pay for the records will need to complete a poverty affidavit provided at the police department. However, law enforcement offices can deny requests for free records and are not required by law to provide them.

Gaston County Arrest Report

An arrest record is a law enforcement document that comprehensively describes all aspects of an arrest. Arrest records include information on arrest warrants issued before the arrest, the manner of arrest, and the suspect's arrest history. Some arrest records also contain information that is not directly connected to the arrest and focuses more on the legal prosecution of the arrested person, such as charges, court dates, and judgments.

On the other hand, a Gaston County arrest report is a type of arrest record that is created by the arresting officer that describes the arrest incident. The arrest report contains a step-by-step account of the arrest, including where it occurred, how it was conducted, and any events that occurred during the arrest, such as whether the suspect fled or resisted arrest. Arrest reports generally provide less information about an arrest than arrest records.

How to Get an Arrest Record Expunged in Gaston County

Expungement is a legal process that removes an individual's arrest and criminal record from public view. Persons who want to expunge their arrest records must first meet the expungement eligibility criteria outlined in Chapter 15 of  North Carolina's legislature. According to the state statute, priority for expungement is given to:

  • Persons who were wrongfully arrested
  • Individuals who were arrested and later proved innocent in court
  • First-time offenders arrested for class D misdemeanors

Persons convicted of class A and some class B felonies are ineligible for expungement in all cases. Those who are eligible for expungement of their arrest records in Gaston County can make expungement requests by following these steps:

  • Petitioners must first obtain copies of their arrest records from the Gaston County Police Department, the Gaston County Court, and any law enforcement office in the county that made the arrest.
  • Using information from the arrest records, petitioners must first download, complete, and file the Petition for expungement forms at the Gaston County Courthouse. The petitioner may choose to hire an attorney to help with the filing process.
  • Pay the $175 filing fee and any other costs associated with the filing process.
  • The judge may grant the expungement request or set a hearing date, requiring the petitioner to appear in court.

How Do You Remove Gaston County Arrest Records From the Internet?

Persons who want to remove Gaston County arrest records from the internet will need to submit applications to the administrators of the websites that publish the records, requesting that the records be taken down. For government-owned websites, individuals can contact the agency (sheriff's office or police department) by telephone or email to request the removal of a record. 

The request is more likely to be accepted if the arrest record is not legally considered a public record, especially if it has been sealed or expunged. For third-party websites, individuals can browse the site to find the contact information of the parent company that owns it. Most of the time, the contact information is at the bottom of the web portal. Applicants must specify why they want the removal and provide legal reasons to support the request.

Individuals can also pursue the matter legally by filing a petition at the Gaston County Courthouse against the website.

What Do Public Gaston County Arrest Records Contain?

Arrest records produced by law enforcement offices in Gaston County always include the following information:

  • Name of the arrested person.
  • Arrestee's last known address and state of residence.
  • A description of the arrestee(height ,sex,eye color, visible tattoos)
  • Date and time of the arrest
  • Arrest report 
  • Name of arresting officer
  • Name of arresting agency
  • Charges against the arrestee
  • Facility where the arrestee is currently detained