Tuesday, July 1, 2014

North Carolina Police Records

By Ben Kingsley


Residents of North Carolina have the right to access North Carolina police records as these are considered "public records". Public records as defined in the State's General Statutes means any documents including papers, books, films, photographs, electronic records and other materials that agencies of the government come in contact with in its dealing with the public (NC Gen. Statutes 132-1). All public records are the people's property; hence, the public can obtain any record including police records for free or with minimal cost.

Although the public has the right to access the records, there are some exemptions to the Statute. Examples of these exemptions include - (a) criminal investigations records (Statute 132 sec. 1.3); (b) Intelligence information record (Statute 132 sec. 1.4); (c) Information included in a 911 response (Statute 132 sec. 1.5); (d) Autopsy photos (Statute 132 sec. 1.8) and (e) Emergency Response (Statute 132 sec 1.6). The exceptions are just some of the exclusions in the Statute; other situations wherein the police department might refuse the release of the records are also indicated in the Statute.

For people who are looking for a police report, they must determine the nature of the report that they want. The reports are classified under crime reports for reports that relate to criminals or felonies, crash reports for accidents or traffic-related cases and non-emergency reports - reports that are not urgent by nature. The researcher can head to the Records Division to access the files free or have it delivered online. Note that some cities are allowed by the Law to charge a minimal amount to cover cost.

Charlotte-Mecklenburg police department, for example, charges $3.50 for each online request of the records. The files are delivered in a PDF format. For free reports, researchers must come in person and visit the Division unit located at the East trade Street. This is not the case in Asheville, as they do not charge for the request, but they do require the person requesting the information to send in a self-addressed stamp envelope.

To make processing faster, one can request the records through online, email, phone or mail. For email or mail, people who request for the information should include all the pertinent details to make the transaction easier. An example would be having a record or file number; indicating this on the request letter makes for smoother transaction. The Law does not indicate any specific length of time for the department to answer the inquiries; therefore it might take some time for the department to do this. However, by being specific in what one needs, one can make the transaction faster.

The department might turn down police reports request if the records are included in the exemptions as indicated in the Stature. If this happens, the fastest and convenient way to ask is through making an online request. More often than not, there is some information that is not included in the exemptions and available for the public.




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