Madison County Criminal History Records
Madison County criminal history records are kept by the Clerk of Superior Court in Marshall. This small mountain county sits along the French Broad River in western North Carolina. The clerk handles all criminal case files for Madison County. Court records here go back many years. Marshall is the county seat. Residents and the public can request criminal history records from the clerk office. The courthouse serves all towns in Madison County.
Madison County Clerk of Court
Clerk Mark Cody runs the Madison County Clerk of Superior Court. This office is part of Judicial District 35. The clerk keeps all criminal history records for cases filed in Madison County. Staff can help you look up a case or get copies of court files.
The permanent courthouse sits at 2 N. Main Street in Marshall. However, the court now operates from a temporary site. The temporary address is 258 Carolina Lane, Marshall, NC 28753. Mail goes to PO Box 217, Marshall, NC 28753. Call (828) 649-2200 for questions. The fax number is (828) 649-2829.
| Court |
Madison County Clerk of Superior Court Temporary: 258 Carolina Lane Marshall, NC 28753 PO Box 217 Phone: (828) 649-2200 Fax: (828) 649-2829 |
|---|---|
| Hours | Monday through Friday, 8:00 AM to 5:00 PM |
| Website | nccourts.gov/locations/madison-county |
The permanent courthouse at 2 N. Main Street in Marshall will reopen once work is done. Check with the clerk for updates. All criminal history records remain on file during this time. The Madison County court still processes all criminal cases at the temporary location.
Criminal History Search in Madison County
You can search Madison County criminal history records in a few ways. The most direct way is to visit the clerk office. Staff will look up records by name or case number. You can also call ahead. Phone requests work for simple lookups.
The North Carolina eCourts portal at portal-nc.tylertech.cloud lets you search court records online. This covers all 100 counties. You can find Madison County criminal cases by name or case number. The portal shows basic case data. It lists charges, court dates, and case status. For full documents, contact the Madison County clerk.
You need certain details to search criminal history records in Madison County:
- Full name of the person
- Date of birth if known
- Case number if you have it
- Year the case was filed
The North Carolina State Bureau of Investigation also provides criminal history checks. Under NCGS 114-19, the SBI keeps a central database of criminal records from all counties. You can request a state-level check through the NCSBI website. This pulls records from Madison County and every other county in the state.
Note: Online records may not include older cases. Some Madison County criminal history records from past decades exist only on paper at the courthouse.
Madison County Criminal Case Records
Criminal history records in Madison County cover a wide range of cases. Felonies are the most serious. These include crimes like assault, drug charges, and theft of high value. Misdemeanors are less severe but still part of the criminal record. DWI cases make up a large share of the criminal docket in Madison County.
Each criminal case file in Madison County holds several documents. The charging document starts the case. This may be an indictment from the grand jury or a criminal summons. Court orders, motions, and plea forms go into the file as the case moves forward. The final judgment shows the outcome. It may be a conviction, an acquittal, or a dismissal. All of these are part of the criminal history record.
Under NCGS 132-1, court records in North Carolina are public. Anyone can ask to see a criminal case file in Madison County. You do not need to be a party to the case. The clerk may charge a fee for copies. Certified copies cost more than plain ones.
Criminal Record Expunctions
North Carolina law allows some criminal records to be expunged. An expunction removes the record from public view. After an expunction, the criminal history entry in Madison County is sealed. It will not show up in most searches.
The rules for expunction are set out in NCGS 15A-145 through 15A-150. Not all records qualify. Dismissals and not guilty verdicts are the easiest to expunge. Some first-time offenses may also qualify after a waiting period. The type of charge matters. Violent felonies are harder to expunge than minor offenses.
To start an expunction in Madison County, you file a petition with the clerk. Forms are on the NC Courts forms page. There is a filing fee. A judge must approve the petition. The process takes several months in most cases. Once granted, the Madison County clerk seals the record.
Note: Even after an expunction, law enforcement may still see the record in certain cases. The SBI keeps a separate file. But for public criminal history searches in Madison County, the record will not appear.
Madison County Court System
Madison County is part of Judicial District 35. This district also includes Mitchell County. The two counties share some court resources. Superior Court handles felony cases and civil matters over a certain dollar amount. District Court deals with misdemeanors, traffic offenses, and small claims in Madison County.
Criminal cases in Madison County follow a set path. An arrest or citation starts the process. The person appears in court for a first hearing. The judge sets bond or release terms. The case then moves through the system. Many cases resolve with a plea deal. Some go to trial. Each step creates records that become part of the criminal history file.
The Madison County Sheriff also plays a role. The sheriff makes arrests and serves warrants. Arrest records from the sheriff feed into the court system. These are separate from court records but connect to them. The sheriff office is in Marshall as well.
Criminal History Resources
Several state agencies hold criminal history data that includes Madison County records. The NC Department of Public Safety at ncdps.gov oversees prisons and probation. Their offender search tool at the DPS website shows people currently in the state prison system or on supervision.
The NC Courts website at nccourts.gov/help-topics/court-records explains how to access records from any county. This page covers fees, request methods, and what records are available. It is a good starting point for anyone new to searching criminal history records in Madison County or elsewhere in North Carolina.
Legal Aid of North Carolina at legalaidnc.org helps people with low income. They can assist with expunctions and other criminal record matters. If you need help with a Madison County criminal case and cannot afford a lawyer, contact Legal Aid.
Madison County Public Records Law
North Carolina has strong public records laws. NCGS 132-1 says that records made or received by government agencies are public. This includes criminal history records at the Madison County courthouse. NCGS 132-6.2 adds rules about how agencies must respond to requests.
You can make a public records request to the Madison County Clerk of Superior Court. Put your request in writing. State what records you want. Be as specific as you can. The clerk must respond in a reasonable time. Fees may apply for copies.
Some records are not public. Sealed cases, juvenile records, and certain mental health records are off limits. Grand jury proceedings are also secret under North Carolina law. But most adult criminal history records in Madison County are open to anyone who asks.
Note: The clerk cannot give legal advice. If you need help reading or using criminal history records from Madison County, talk to a lawyer or contact Legal Aid.
Nearby Counties
These counties border Madison County. If you need criminal history records from a neighboring area, check the correct county. Cases are filed where the offense took place.