Burke County Criminal Records
Burke County criminal history records are available at the Clerk of Superior Court in Morganton. The county is part of Judicial District 25B along with Caldwell and Catawba counties. Criminal cases filed in Burke County become public records under state law. You can search these records online or at the courthouse. The clerk office at 201 South Green Street maintains all criminal case files for the county.
Burke County Court Records Office
The Burke County Clerk of Superior Court is at 201 South Green Street in Morganton. This office maintains all criminal history records for cases filed in Burke County. The staff handles case file requests, copies, and certified documents. You can call (828) 438-5400 or (828) 438-5401 with questions.
Burke County shares Judicial District 25B with Caldwell County and Catawba County. Each county has its own clerk office. Criminal cases from Burke County are only on file at the Morganton courthouse. If you need records from Caldwell or Catawba, you must contact those county clerks separately.
The Burke County Clerk of Superior Court keeps records going back many decades. Older files may be stored off-site. The staff can retrieve them with advance notice. Current and recent cases are available for immediate review at the courthouse. You can view the court schedule and contact details at the Burke County court page on the state site.
| Court |
Burke County Clerk of Superior Court 201 South Green Street Morganton, NC 28655 Phone: (828) 438-5400 |
|---|---|
| Hours | Monday through Friday, 8:00 AM to 5:00 PM |
| Website | nccourts.gov/locations/burke-county |
How to Search Burke County Criminal History
You can search Burke County criminal history in several ways. Online access is the fastest. In-person visits give you the most detail. Written requests work if you cannot travel to Morganton. Each method has its own benefits.
The NC eCourts portal lets you search Burke County criminal cases online. You can look up cases by name or case number. The system shows charges, hearing dates, and outcomes. It is free to use and open to everyone. The portal covers district and superior court criminal cases in Burke County.
At the courthouse, you can ask the clerk to pull a case file. You can also use public access terminals to search on your own. The terminals are free. If you find a record you need, staff can make copies. Regular copies cost $0.25 per page. Certified copies of Burke County criminal history documents cost $25 each.
Note: The online portal may not have every old case from Burke County. Records from before the digital system may only be available at the courthouse in Morganton.
Burke County Criminal Case Types
The Burke County court system handles both misdemeanor and felony cases. Misdemeanors are heard in district court. These include charges like simple assault, shoplifting, and DWI. Felonies go to superior court. They include charges such as burglary, drug trafficking, and armed robbery.
Each type of case creates its own set of criminal history records in Burke County. An arrest starts the process. The booking record shows the charge and the date. The court file then grows as the case moves forward. It includes motions, plea agreements, and the final disposition.
Traffic offenses that carry criminal penalties also appear in Burke County criminal history. A DWI is one example. Driving while license revoked is another. These cases are filed in district court. They show up in a criminal record search just like other misdemeanors in Burke County.
Burke County Sheriff Criminal Records
The Burke County Sheriff's Office is at (828) 438-5500. The sheriff handles arrests, warrants, and the county jail. When someone is arrested in Burke County, the sheriff creates a booking record. That record is the start of the criminal history chain.
Arrest records from the Burke County Sheriff feed into the court system. Once charges are filed, the clerk of court takes over the record. Both the sheriff and the clerk keep their own copies. For arrest details not in the court file, contact the sheriff office directly.
The North Carolina State Bureau of Investigation also collects criminal history data from Burke County. Under NCGS 114-19, the SBI maintains the state criminal record repository. Local agencies like the Burke County Sheriff report arrest and disposition data to the SBI. A state-level background check through the SBI can show records from Burke County and all other counties.
State Criminal History Resources
Several state agencies hold criminal history data that includes Burke County records. These resources go beyond what the local clerk office provides. They can show records from across North Carolina.
The North Carolina Department of Public Safety oversees the prison system and community supervision. Their offender search tool shows current and former inmates. It includes people sentenced in Burke County who served time in state prison. The search is free and public.
The NC Courts records page explains how the court system works across all counties. It covers what records are public, how to request them, and what fees apply. This is a helpful guide for anyone searching Burke County criminal history for the first time.
Burke County Criminal History Expunctions
North Carolina law allows some criminal records to be expunged. This means the record is erased from public view. The statutes governing expunctions are NCGS 15A-145 through 15A-150. Each section covers different situations and offenses.
To file for expunction in Burke County, you submit a petition at the courthouse in Morganton. The NC Courts expunction page has the forms and rules. A judge reviews each petition. If granted, the Burke County clerk removes the case from public criminal history records.
- Dismissed charges under NCGS 15A-146
- Not guilty findings under NCGS 15A-146
- Certain first offenses under NCGS 15A-145
- Nonviolent felonies under NCGS 15A-145.5
- Drug offenses for people under 22 under NCGS 15A-145.2
Note: An expunged record does not appear in standard Burke County criminal history searches. Law enforcement can still access these records in certain limited situations as allowed by state law.
Public Access to Criminal History
Criminal history records in Burke County are public under NCGS 132-1. This is the North Carolina Public Records Act. It gives anyone the right to inspect and copy government records. Court records, including criminal case files, fall under this law.
You do not need to give a reason to view Burke County criminal history. You do not need to be a party in the case. The clerk must provide access unless a judge has sealed the record or the case has been expunged. Under NCGS 132-6.2, the clerk must respond to requests without unreasonable delay.
Certified copies cost $25 per document. Regular copies are $0.25 per page. Viewing records at the courthouse is free. You can also submit a written request by mail to the Burke County Clerk of Superior Court at 201 South Green Street, Morganton, NC 28655. Include the case number or full name and a check for the copy fees.
Legal Resources for Burke County
If you need help understanding criminal history records in Burke County, several organizations can assist. Legal Aid of North Carolina provides free legal help to people who qualify. They can explain what a criminal record means and what options exist for expunction.
The NC Courts forms page has all the forms you need for court actions in Burke County. This includes expunction petitions, records request forms, and other documents. The forms are free to download. The Burke County clerk office can also provide blank forms at the courthouse.
Nearby Counties
These counties border Burke County. Criminal cases are filed in the county where the offense took place. Make sure you search the right county for the records you need.