Wake County shutting down online arrest records portal over expungement concerns

Wake County will deactivate its online arrest records portal on August 17, a move driven by concerns that automatically expunged criminal records are still appearing in the database, according to the Raleigh News & Observer.

The issue stems from the Second Chance Act, a state law passed in 2020 that expanded eligibility for expunging certain misdemeanor convictions and automated the expungement of some dismissed charges, the N&O reported. The problem, according to Sam Pennica, director of the Wake County Bureau of Forensic Services, is that local agencies are not notified when automatic expungements occur, meaning cleared records can still appear in the county’s portal, which contains arrest logs dating back to 2007.

There have been 1.8 million automatic expungements statewide since the law took effect, but the state has not been able to tell Pennica how many of those are in Wake County, the N&O reported.

“We felt as though it would be in the best interest, particularly in the interest of the person whose records were expunged, to limit the exposure of these records,” Pennica told the N&O. “That is, not putting it out on the internet where anyone in the world can see it.”

The North Carolina Judicial Branch told the N&O that clerks’ offices send expungement orders to law enforcement agencies as required by law, and that automatic expungements are noted in the state’s online court records system. However, that system requires searching records on an individual basis — an impractical solution given the volume of expungements, the N&O reported.

Pennica noted that arrest records, including mugshots, are frequently shared on social media, effectively making them permanent once posted — something his agency has no control over, according to the N&O.

People will still be able to view arrest records in person at the Wake County Justice Center through a kiosk or through the clerk, the N&O reported. The Wake County Sheriff’s Office also maintains its jail intake records online and has no plans to take that site down, spokesperson Rosalia Fodera told the N&O, though those records do not include photos or always show arrests or addresses.