North Carolina Warrants: Types, Searches, and What to Expect

A warrant is a court-issued legal document that gives police the right to make an arrest, search property, or demand a person's presence in court. By guaranteeing that acts are founded on probable cause and judicial permission, warrants protect due process. Although warrants are utilized nationwide, access policies and procedures vary by jurisdiction, including North Carolina.

What Is a Warrant in North Carolina?

A warrant is a court order that gives law enforcement permission to take action in North Carolina. A warrant may:

• Authorize the arrest of someone accused of a crime.
• Permit the search and seizure of property tied to an investigation.
• Compel the appearance of someone who has failed to follow court orders.

Depending on the case, magistrates or judges in North Carolina's District Courts, Superior Courts, and Magistrate Courts can issue warrants. The Rules of Criminal Procedure and the North Carolina General Statutes (NCGS) include the regulations relating to warrants.

Types of Warrants in North Carolina

North Carolina recognizes several types of warrants, each with a distinct purpose:

1. Arrest Warrants

An arrest warrant is a court order that gives a police officer the authority to make an arrest and place a person under arrest. After a complaint or affidavit proves there is probable cause to believe the individual has committed a crime, a judge or magistrate issues it. When an officer requires legal authority to make an arrest but did not witness the crime, this kind of warrant is crucial.

2. Orders for Arrest

When someone needs to be taken into custody but is already connected to the court, an order for arrest (OFA) is one kind of warrant that is employed. Although it is comparable to a bench warrant, its use in North Carolina's court system is more extensive. When a grand jury returns a true bill of indictment against an uninvolved defendant, when a defendant does not show up for court, or when someone breaks probation, an OFA may be issued. It is the official directive that instructs an officer to place the individual under arrest.

3. Search Warrants

A search warrant is a court order that permits law enforcement to search a certain area (such as a home or car) and take specific objects as proof of a crime. A sworn declaration proving probable cause that evidence will be found in that particular area must be presented by an officer to a judge to obtain a warrant. This warrant ensures that searches are carried out only with a judge's prior consent to safeguard an individual's Fourth Amendment right against arbitrary searches and seizures.

4. Fugitive or Out-of-State Warrants

A fugitive warrant permits custody pending extradition if a person who is wanted elsewhere is discovered in North Carolina. Similarly, warrants may be issued by North Carolina requesting that neighboring jurisdictions surrender people who are wanted here.

5. Civil Warrants

Civil warrants are used in non-criminal cases, including debt collection, small claims, and evictions. They may result in property seizures or garnishments and require court appearances.

How to Search for Warrants in North Carolina

North Carolina does not have a single statewide warrant lookup portal for the public, but several official resources exist:

1. North Carolina Judicial Branch: Criminal Case Search (via the Public Access Terminals in courthouses): Case records are searchable in county courthouses through the North Carolina Judicial Branch's Criminal Case Search (through the Public Access Terminals at courthouses). Files about criminal cases may contain active warrants.
2. County Sheriff’s Offices: Records of warrants are kept by sheriffs. Warrant inquiry services are frequently offered by larger counties, including Wake (Raleigh), Mecklenburg (Charlotte), and Guilford (Greensboro).
3. Clerk of Superior Court Offices: Clerks maintain case records that may contain warrant details.
4. Local Police Departments: City police, such as the Raleigh Police Department and Charlotte-Mecklenburg Police Department, manage misdemeanor and municipal-level warrants.
5. North Carolina State Bureau of Investigation (SBI): The SBI maintains statewide criminal history records, though warrant details are restricted.
6. Third-Party Background Check Services: Although some websites offer information about warrants, official confirmation from sheriffs or courts is required.

Public warrant information usually includes the subject’s name, warrant type, charges, case number, issuing court, and bail terms.

Warrant Records in Major North Carolina Counties and Cities

Since North Carolina operates on a county-based system, warrant access varies:

• Charlotte (Mecklenburg County): The Mecklenburg County Sheriff’s Office is responsible for maintaining warrants through its warrant division. Court records are handled by the Clerk of Superior Court.
• Raleigh (Wake County): Wake County Sheriff’s Office manages warrants, while case files are available through the Wake County Clerk.
• Greensboro (Guilford County): Guilford County Sheriff’s Office oversees warrants. The local District and Superior Courts manage case records.

Other counties, such as Durham, Forsyth (Winston-Salem), and Cumberland (Fayetteville) maintain warrant access through sheriffs and courts.

What Happens After a Warrant Is Issued in North Carolina?

The outcome depends on the type of warrant:

• Arrest Warrants: Police may detain the individual at any time. After booking, the person appears before a judge for an initial hearing, where bail may be set.
• Bench Warrants: Failing to appear in court often leads to immediate arrest and potential fines or jail.
• Search Warrants: Officers must execute searches within 48 hours, seizing only the items listed. Evidence may be used in court proceedings.
• Civil Warrants: These usually summon individuals to court. Ignoring them can lead to default judgments, liens, or wage garnishments.

Resolving a warrant in North Carolina often requires:

• Appearing voluntarily in court.
• Retaining an attorney to arrange surrender or negotiate bail.
• Paying overdue fines or complying with court orders.

Failure to resolve a warrant can lead to arrest during traffic stops, employment screenings, or travel checks.

How Long Does a Warrant Stay Active in North Carolina?

In North Carolina, most warrants remain valid until resolved:

• Arrest and bench warrants do not expire. They remain active until served or recalled by the court.
• Search warrants must be executed within 48 hours, or they expire.
• Civil warrants remain active until the case is resolved or dismissed.

A warrant may be cleared, revoked, or recalled if the subject meets the court's requirements, if it was issued incorrectly after execution, or if there is a court ruling. In North Carolina, arrest and bench warrants are legally enforceable indefinitely, meaning that even warrants that are decades old could lead to an arrest.

Warrants ensure that arrests, searches, and court appearances are carried out under judicial supervision. Although access varies by county, citizens of North Carolina can check for warrants through sheriffs, clerks of court, and courthouse terminals.

Most significantly, in North Carolina, warrants are perpetual and stay in effect until they are handled in court. Consult an attorney or contact the issuing court to resolve it promptly and avoid unexpected arrest or penalties if you believe there’s a warrant out for you.