Montgomery County Criminal History Records

Montgomery County criminal history records are kept by the Clerk of Superior Court in Troy. The county seat sits in the heart of the Uwharrie region. Searching for criminal records here starts at the courthouse on East Main Street. You can look up cases in person or use the state portal. Montgomery County criminal history files go back many years. The clerk staff can help you find what you need.

Montgomery County Criminal History at the Courthouse

Clerk John Deaton runs the office that holds all criminal history records in Montgomery County. The courthouse is at 108 East Main Street in Troy. This is where all criminal cases in the county are filed and stored. Walk-in visits are welcome on weekdays. You can ask the staff to pull a case file for you. They will search by name or case number.

Montgomery County is part of Judicial District 28. Both Superior Court and District Court handle criminal matters here. Superior Court deals with felony cases. District Court handles misdemeanors and infractions. Family Court is also present in this district. All criminal history records from these courts are held at the clerk office in Troy.

Search Montgomery County Criminal Records Online

Montgomery County joined the eCourts system as part of Track 6 on October 14, 2024. This means criminal history records are now on the eCourts portal. You can search cases from your home. Type a name and pick Montgomery County. Results show charges, dates, and case status. The portal is free for basic lookups.

The eCourts system replaced the old VCAP tool. It gives more detail. You can see court dates and filed documents. eFiling and electronic payments are now live in Montgomery County too. Attorneys and the public can file documents and pay fees through the portal. This makes it faster to get records without going to Troy.

For older criminal history records in Montgomery County, you may still need to call the clerk. Not all past cases have been moved to the new system yet. The staff can check paper files and older databases. Give them the full name and a rough date range. This helps narrow the search.

Note: Online records show case information but are not certified. If you need a certified copy of a Montgomery County criminal history record, you must get it from the clerk office in Troy. The cost is $25 per certified document.

Criminal History Record Types

Montgomery County keeps several kinds of criminal records. Each type tells a different part of the story. Felony cases are the most serious. These include crimes like assault, drug charges, and theft over a certain value. Misdemeanors are less severe but still part of your criminal history in Montgomery County. They cover things like minor drug charges, trespass, and simple assault.

Traffic offenses that rise to a criminal level also appear in Montgomery County court records. Driving while impaired is the most common. These cases go through District Court. Infractions like speeding are not criminal but still show up in the court system. The clerk can help you tell the difference when you search records in Montgomery County.

Under NCGS § 132-1, most court records in North Carolina are public. This includes criminal history records in Montgomery County. Anyone can ask to see them. You do not need to be a party to the case. The clerk must provide access under the law. Some records may be sealed or expunged, but the default is open access.

Montgomery County Certified Criminal Records

A certified copy of a criminal history record bears the clerk seal. It proves the document is a true copy of what is on file. Courts, agencies, and other parties often require certified copies. The cost is $25 in Montgomery County. You can request them in person or by mail.

To get a certified copy by mail, send a written request to the clerk at 108 East Main Street, Troy, NC 27371. Include the full name, date of birth if known, and the case number. Add a check or money order for $25 per document. The clerk will mail the certified copy back to you. Allow one to two weeks for processing.

In person, you can pay at the window. The clerk can often print a certified copy the same day. Bring your ID. If you do not know the case number, the staff will search by name. Montgomery County is a small county, so wait times are usually short.

State Criminal History Checks

The North Carolina State Bureau of Investigation maintains a statewide criminal history database. This is separate from what Montgomery County keeps. The NCSBI database pulls records from all 100 counties. A state-level check may show criminal history from Montgomery County and beyond. You request this through the SBI, not the county clerk.

Under NCGS § 114-19, the SBI provides criminal record checks to authorized parties. The process involves fingerprinting in most cases. Montgomery County residents can get fingerprinted at the local sheriff office. The results go to the requesting agency. This is a broader search than a single county lookup.

The NC Department of Public Safety also keeps records on people who have been in state prison. Their offender search tool is free. It shows current and past inmates. If someone was convicted in Montgomery County and sent to state prison, they will appear in that database too.

Montgomery County Criminal Record Expunction

North Carolina law allows some criminal records to be erased. This is called expunction. Under NCGS § 15A-145 through § 15A-150, certain offenses can be removed from your criminal history. The rules depend on the charge, the outcome, and how much time has passed. Montgomery County handles these petitions at the courthouse in Troy.

To start an expunction in Montgomery County, you file a petition with the clerk. Use forms from the NC Courts website. The judge reviews the petition and may hold a hearing. If granted, the record is removed from public view. It will no longer show up in a Montgomery County criminal history search. The SBI also removes it from the state database.

Common cases that qualify for expunction in Montgomery County include:

• Dismissed charges
• Not guilty verdicts
• First-time low-level drug offenses after completion of probation
• Misdemeanors after a waiting period with no new offenses
• Charges where the person was under 18 at the time

Note: Expunction does not apply to all crimes. Violent felonies and sex offenses are generally not eligible. Talk to a lawyer or contact Legal Aid of North Carolina if you have questions about your Montgomery County case.

Public Records Access in Montgomery County

North Carolina has strong public records laws. Under NCGS § 132-1, records made or received by government agencies are public. This covers criminal history records at the Montgomery County courthouse. Under § 132-6.2, any person may ask to inspect or copy these records. The clerk cannot ask why you want them.

There are narrow exceptions. Sealed records are not available. Juvenile cases are confidential in most situations. Grand jury proceedings are secret. But the vast majority of criminal history records in Montgomery County are open to the public. You can view them at the courthouse or request copies.

The NC Courts website explains what records are available and how to get them. If you believe a record should be public but the clerk denies access, you can file a complaint. The law is on the side of openness in North Carolina. Montgomery County follows these rules like every other county in the state.

Nearby Counties

These counties border Montgomery County. If you are not sure which county holds the criminal history record you need, check the location where the offense occurred. Cases are filed in the county where the crime took place.