What counts as a midemeanor in North Carolina?
In the state of North Carolina, there are 4 different types of misdemeanors. The sentence for a certain misdemeanor is determined by prior convictions and the particular circumstances of the crime. There are 3 different types of punishment in North Carolina: Active, Intermediate, and Community. Active punishments are jail time, whereas intermediate and community could be things like house arrest, probation, etc. The prior convictions are also divided into 3 levels. Level 1 has no previous convictions, level 2 has 1-4 convictions, and level 3 has 5 or more previous convictions. Starting with Class 3 offenses, the least serious type of crime, the punishment can range from 1-20 days of all 3 types of punishment, and a max $200 fine. Also, anyone who has no prior convictions and commits a Class 3 misdemeanor will only get a fine. An example of a Class 3 misdemeanor is vandalism. Class 2 offenses can have 1-60 days of all three types of punishment along with a maximum $1000 fine. A common example of a Class 2 crime is gambling. Class 1 crimes will result in 1-120 days of any type of punishment and no limit on the fine. An example of a Class 1 crime is trespassing. Class A1, the most severe type of crime, will have 1-150 days of any type of punishment and no limit on the fine as well. An example of this type of misdemeanor is an assault on a female.
What counts as a felony in North Carolina?
There are ten different types of felonies in North Carolina ranging from Class A, the most severe, to Class 1, the least severe. The range of sentences for a felony is organized on a grid by the type of felony and the criminal history of the offender. The maximum sentence is the death penalty or life in prison. This is reserved for Class A felonies. Class 1 felonies only have a sentence ranging from 3-12 months. The rest of the classes between these two all have different ranges of sentences, and the judge determines the exact amount of time that must be served depending on the circumstances. Additionally, prior convictions are calculated into a point system, and the number of points an offender has determined the level they are at, from Level I-VI. After all of this is calculated, the dispositional ranges are found. This is the potential length the sentence could be. This is organized into three different types of ranges: the presumptive range, the aggravated range, and the mitigated range. The presumptive range is the standard amount based on the felony class and prior offenses. The aggravated range is an increased amount of potential time in prison if the case was more cruel than usual. Finally, a mitigated range is a reduced sentence, used for things like the offender thought that the crime was legal, or take on full responsibility for the crime. After all of this is decided, and the final range is set, then the judge will choose the exact sentence from the range. However, the sentence does not necessarily have to be prison time and can be active, intermediate, or community, as discussed in the misdemeanor section above. On top of all of this, there can be any number of fines in addition to the sentence.
How do I look up criminal records in North Carolina?
For an unofficial criminal history check, visit any courthouse and use a public computer in the clerk’s office. These are unofficial records and may be inaccurate. You can request an official record at the courthouse, but it is only for the county the courthouse is in, and it isn’t free. This is through the Clerk of Superior Court office, and each courthouse will only provide court records for that particular county. Additionally, third-party searches can be done online through a multitude of websites, such as this one. Finally, The N.C. State Bureau of Investigation provides criminal records for the whole state and requires fingerprints and a fee.
How do you get your record expunged in NC?
To begin the expungement process in North Carolina, a petition must be filed at the courthouse where the case was held. Hiring an attorney for expungement is highly recommended because the process is very complicated, and one mistake could reset your progress. Different forms are needed depending on the circumstances of the offense. The wait time for misdemeanors to be expunged is 5 years and felonies are 10 years. If you were charged with a crime but not convicted, then there is no wait time for expungement. Additionally, there is no limit to the number of dismissals that can be expunged.
How do I find court records in NC?
Court records in North Carolina can be found in any terminal at the clerk of court’s office. Court records contain information such as criminal records, birth and death certificates, marriage and divorce certificates, among other things. The name of the defendant is needed as well as the victim and case number. There are many different courts throughout North Carolina and can be easily located by searching online.
How do I look up sex offenders in NC?
The sex offender registry is maintained by the NCBI (North Carolina State Bureau of Investigation). If you are a sex offender, then this is also where you get information on how to register. The sex offender registry will contain information such as people’s past crimes, where they are currently located, and their physical appearance. The information was made public in all states because of Megan’s Law, which took effect after Megan Kanka, a young girl, was sexually assaulted and murdered. The purpose of this law is to protect citizens from potential re-offenders.
How do I find an inmate in North Carolina?
To find an inmate in North Carolina, use the North Carolina Offender Public information search. There will be several filters such as name, gender, date of birth, etc. and a list of all matching inmates will appear. The inmate record can be found by visiting the jail they are located and requesting a copy of the record. The information contained in an inmate record are things like the details of their arrest, parole status, their sentence, etc.
How do I find arrest records in NC?
The North Carolina arrest records can be found the same way as criminal records, which is answered in a previous question above. The difference between an arrest record and a criminal record is the arrest record only contains the details of arrests and detentions, but not a conviction. Having an arrest record does not mean someone has committed a crime. The details on an arrest record will be things like the date and time of the arrest, the location, the officers involved, and the place of detention.