Burke County Public Records / Burke County Arrest Records

Burke County Arrest Records

Are Arrest Records Public in Burke County

Arrest records in Burke County, North Carolina are considered public records under the North Carolina Public Records Law, N.C. General Statutes § 132-1. This statute defines public records as "all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions."

Under North Carolina law, there is an important distinction between arrest records and conviction records:

Arrest records document that an individual was taken into custody by law enforcement on suspicion of criminal activity
Conviction records indicate that an individual was found guilty of a criminal offense through the judicial process

The North Carolina Department of Adult Correction maintains public records related to arrests and convictions in accordance with state law. However, certain arrest records may be subject to restrictions or exemptions under N.C. General Statutes § 132-1.4, which governs criminal investigation records and intelligence information.

Members of the public seeking arrest records in Burke County should be aware that while these records are generally accessible, specific information may be redacted or withheld if it falls under statutory exemptions or if disclosure would compromise an ongoing investigation.

What's in Burke County Arrest Records

Burke County arrest records typically contain comprehensive information about individuals who have been taken into custody by law enforcement agencies within the county. These records generally include the following categories of information:

Arrestee Identifying Information:

Full legal name (first, middle, last)
Date of birth
Gender
Race/ethnicity
Physical description (height, weight, eye color, hair color)
Identifying marks (tattoos, scars, etc.)
Home address
Photograph (mugshot)
Fingerprints

Arrest Details:

Date and time of arrest
Location of arrest
Arresting agency
Arresting officer's name and badge number
Reason for arrest
Use of force information (if applicable)

Charge Information:

Criminal charges filed
Charge classification (misdemeanor or felony)
North Carolina General Statute violation references
Charge descriptions
Multiple charges (if applicable)

Warrant Information (if applicable):

Warrant number
Issuing authority
Date issued
Serving officer

Booking Information:

Booking date and time
Booking number
Processing officer
Property inventory
Medical screening information

Bond/Bail Information:

Bond amount
Bond type (secured, unsecured, cash)
Bond status
Conditions of release
Bondsman information (if applicable)

Court Information:

Court case number
Scheduled court date
Court location
Assigned judge (if known)

Custody Status:

Current detention status
Expected release date (if applicable)
Facility housing information

Additional Information May Include:

Prior arrest history
Probation/parole status
Known aliases
Emergency contact information
Vehicle information (if relevant to arrest)

It is important to note that pursuant to N.C. General Statutes § 15A-266.3A, DNA samples may be collected from individuals arrested for certain offenses, and this information may be referenced in arrest records.

How To Look Up Arrest Records in Burke County in 2026

Members of the public seeking arrest records in Burke County may utilize several methods to access this information. The following procedures are currently in effect for obtaining arrest records:

Visit the Burke County Sheriff's Office in person:

Burke County Sheriff's Office
150 Government Drive
Morganton, NC 28655
(828) 438-5500
Burke County Sheriff's Office
- Operating hours: Monday through Friday, 8:30 AM to 5:00 PM
- Complete a public records request form
- Provide identification
- Specify the records being requested with as much detail as possible
- Pay applicable fees for copies (typically $0.25 per page)
Submit a written request:
- Prepare a formal written request addressed to the Records Division
- Include your full name, contact information, and specific details about the records sought
- Mail or deliver the request to the Sheriff's Office address
- Allow 7-10 business days for processing
Contact the Burke County Clerk of Superior Court:

Burke County Clerk of Superior Court
201 South Green Street, Suite 110
Morganton, NC 28655
(828) 433-3200
North Carolina Judicial Branch
- Request court records related to arrests
- Provide case numbers if available
- Pay applicable fees for copies
Request records from the North Carolina State Bureau of Investigation:

North Carolina State Bureau of Investigation
3320 Garner Road
Raleigh, NC 27610
(919) 662-4500
North Carolina State Bureau of Investigation
- Submit a Criminal History Record Request form
- Provide fingerprints
- Pay the required fee ($14 per record check)
- Allow 2-3 weeks for processing

When requesting arrest records, individuals should be prepared to provide:

The full name of the person whose records are being sought
Date of birth or approximate age
Approximate date of arrest
Nature of the alleged offense
Any case numbers or other identifying information

Pursuant to N.C. General Statutes § 132-6.2, agencies may charge reasonable fees for copying public records, but inspection of records is generally free of charge.

How To Find Burke County Arrest Records Online

Burke County residents and other interested parties can access arrest records through several online platforms maintained by state and local agencies. The following digital resources are currently available for conducting arrest record searches:

Burke County Sheriff's Office Inmate Search:
- Visit the Burke County Sheriff's Office website
- Navigate to the "Inmate Search" or "Detention Center" section
- Enter the individual's name or booking number
- Review current inmate information and recent booking data
- Note that this system typically only displays current inmates, not historical arrest data
North Carolina Department of Adult Correction Offender Search:
- Access the North Carolina Department of Adult Correction public records database
- Enter the individual's name or offender ID number
- Review information on current inmates and those under community supervision
- Access details about conviction history, current status, and projected release dates
- Note that this system does not include county jail information
North Carolina Court System Records Search:
- Visit the North Carolina Judicial Branch website
- Use the public portal to search for criminal cases
- Enter the individual's name and county (Burke)
- Review case information, including charges, court dates, and disposition
- Note that some detailed information may require in-person access
North Carolina State Bureau of Investigation (SBI):
- Access the SBI's online services
- Request a criminal history check (fees apply)
- Submit required identifying information
- Receive results electronically or by mail
- Note that this provides the most comprehensive criminal history information

When conducting online searches for arrest records, users should:

Verify the identity of the subject by checking multiple identifiers (name, date of birth, etc.)
Be aware that some information may be redacted in online systems
Understand that the most recent information may not be immediately available online
Recognize that online systems may not include all historical arrest data

Online access to arrest records is governed by the same public records laws that apply to physical records, including N.C. General Statutes § 132-1 and related provisions.

How To Search Burke County Arrest Records for Free?

Members of the public may access Burke County arrest records without incurring fees through several methods. The following options are currently available for conducting free searches of arrest information:

In-Person Record Inspection:
- Visit the Burke County Sheriff's Office during regular business hours
- Request to inspect (not copy) specific arrest records
- Present identification and complete any required forms
- Review records on-site at no cost
- Note that while inspection is free, copying fees will apply if you need physical copies
Burke County Sheriff's Office
150 Government Drive
Morganton, NC 28655
(828) 438-5500
Burke County Sheriff's Office
Burke County Detention Center Online Inmate Search:
- Access the Burke County Sheriff's Office website
- Navigate to the inmate search function
- Enter the individual's name
- View current inmate information at no cost
- This service is limited to currently incarcerated individuals
North Carolina Department of Adult Correction Public Search:
- Use the North Carolina Department of Adult Correction's public offender search tool
- Enter the individual's name or offender ID
- Access information about current inmates and those under supervision
- This service is provided free of charge
North Carolina Court System Public Access Portal:
- Visit the North Carolina Judicial Branch website
- Use the public portal to search for criminal cases
- Enter the individual's name and Burke County as the jurisdiction
- View basic case information at no cost
- Note that some detailed information may require in-person access
Public Court Calendar:
- Review the Burke County courthouse public calendar
- Check for upcoming court dates related to specific cases
- This information is publicly posted and free to access

When conducting free searches, individuals should be aware of certain limitations:

Free online services typically provide less detailed information than paid services
Some records may only be available for in-person inspection
Historical records may not be accessible through free online portals
Verification of identity may be limited with free search options

Pursuant to N.C. General Statutes § 132-6(a), "Every custodian of public records shall permit any record in the custodian's custody to be inspected and examined at reasonable times and under reasonable supervision by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may be prescribed by law."

How To Delete Arrest Records in Burke County

In Burke County, as in the rest of North Carolina, arrest records cannot be "deleted" in the conventional sense. However, under specific circumstances, individuals may petition for expungement (legal erasure) or sealing (restricting public access) of arrest records. These processes are governed by North Carolina state law and require formal legal procedures.

Expungement vs. Sealing: Understanding the Distinction

Expungement: The legal process that removes an arrest or conviction from public record. When a record is expunged, the arrest is treated as if it never occurred.
Sealing: The process of restricting public access to records while maintaining them for law enforcement purposes. Sealed records remain accessible to certain government agencies but are not visible to the general public.

Eligibility for Expungement in Burke County

Under N.C. General Statutes § 15A-146, expungement may be available in the following circumstances:

Charges Dismissed or Not Guilty Verdict:
- Individuals charged but not convicted (charges dismissed or found not guilty)
- No prior felony convictions
- Waiting period may apply depending on specific circumstances
First-Time Nonviolent Offenses:
- Under N.C. General Statutes § 15A-145, certain first-time nonviolent misdemeanor convictions
- Must wait at least 12 months after completion of sentence
- Good behavior during waiting period
- No subsequent criminal convictions
Juvenile Records:
- Records of juvenile offenses may be eligible under specific provisions
- Age and offense-specific requirements apply
Identity Theft Victims:
- Individuals arrested due to identity theft or mistaken identity
- Proof of innocence required

Steps to Petition for Expungement in Burke County

Obtain Required Forms:
- Petition for Expunction forms (AOC-CR-287, AOC-CR-285, or other applicable forms)
- Available from the Burke County Clerk of Superior Court or online through the North Carolina Administrative Office of the Courts
Complete Petition and Gather Documentation:
- Fill out appropriate petition form completely
- Obtain certified copies of court disposition
- Obtain criminal record check from the Burke County Clerk of Court
- Prepare affidavits if required
File Petition with Burke County Clerk of Superior Court:

Burke County Clerk of Superior Court
201 South Green Street, Suite 110
Morganton, NC 28655
(828) 433-3200
North Carolina Judicial Branch
- Submit completed petition and all supporting documentation
- Pay filing fee (approximately $175, though fee waivers may be available)
- Obtain a case number for your petition
Review Process:
- Petition is reviewed by the District Attorney's Office
- SBI and NC Administrative Office of the Courts conduct verification
- Judge reviews petition and supporting materials
- Hearing may be scheduled (attendance required)
Judicial Determination:
- If approved, judge signs expungement order
- Clerk of Court processes the order
- Copies sent to relevant agencies for implementation
- Process typically takes 3-9 months to complete

Individuals seeking expungement are strongly encouraged to consult with an attorney, as the process is complex and requirements vary based on specific circumstances. Legal aid services may be available for those who cannot afford private counsel.

What Happens After Arrest in Burke County?

Following an arrest in Burke County, individuals enter the North Carolina criminal justice system, which involves several sequential stages from initial custody through case disposition. The process typically unfolds as follows:

Arrest and Booking:
- Law enforcement takes the individual into custody
- Transportation to Burke County Detention Center
- Booking procedures include:
  - Photograph (mugshot) taken
  - Fingerprinting
  - Personal information collection
  - Medical screening
  - Property inventory
- Initial charges are formally documented
Initial Appearance:
- Occurs within 48 hours of arrest (typically within 24 hours)
- Magistrate informs the individual of:
  - Charges filed
  - Constitutional rights
  - Right to counsel
- Pretrial release determination:
  - Release on recognizance
  - Secured or unsecured bond
  - Detention without bond for certain serious offenses
Appointment of Counsel:
- If financially eligible, public defender appointed
- Opportunity to retain private counsel
- Initial consultation with attorney
Burke County Public Defender's Office
200 Avery Avenue
Morganton, NC 28655
(828) 432-7490
North Carolina Office of Indigent Defense Services
First Appearance (for felonies):
- Held within 96 hours of arrest
- Formal reading of charges
- Review of probable cause
- Confirmation or adjustment of bond
- Scheduling of probable cause hearing
Probable Cause Hearing (felonies only):
- Typically within 15-30 days of arrest
- Prosecution presents evidence establishing probable cause
- Judge determines if case proceeds to Superior Court
- May be waived by defendant
Grand Jury Indictment (felonies):
- Burke County grand jury reviews evidence
- Issues indictment if probable cause exists
- Case formally moves to Superior Court
Arraignment:
- Formal reading of charges
- Defendant enters plea:
  - Guilty
  - Not guilty
  - No contest
- Case scheduling for trial or plea negotiations
Pretrial Proceedings:
- Discovery exchange
- Filing of motions
- Plea negotiations
- Pretrial conferences
- Case management hearings
Trial:
- Misdemeanors: Bench trial in District Court
- Felonies: Jury trial in Superior Court
- Prosecution presents case
- Defense presents case
- Verdict rendered
Sentencing (if convicted):
- Presentence investigation may be conducted
- Sentencing hearing scheduled
- Judge imposes sentence based on:
  - North Carolina Structured Sentencing Guidelines
  - Offense classification
  - Prior criminal record
  - Aggravating/mitigating factors
Post-Conviction:
- Right to appeal within specified timeframe
- Potential post-conviction relief
- Supervision under probation or parole if applicable
- Incarceration in county jail or state prison if sentenced

Throughout this process, individuals have constitutional rights protected under both federal law and the North Carolina Constitution, including the right to due process, the right against self-incrimination, the right to counsel, and the right to a speedy trial.

How Long Are Arrest Records Kept in Burke County?

Arrest records in Burke County are maintained according to North Carolina's records retention schedules, which are established under N.C. General Statutes § 121-5 and § 132-8. These statutes govern the preservation and disposition of public records throughout the state, including law enforcement and court records.

The retention periods for arrest records vary based on several factors:

Law Enforcement Records:
- Arrest reports: Permanent retention
- Booking records: 3 years after release from custody
- Arrest warrants (served): Permanent retention as part of case file
- Incident reports related to arrests: 5 years
- Investigation records: 20 years for felonies, 3 years for misdemeanors
- Fingerprint cards: Permanent retention
Court Records:
- Criminal case files (felonies): Permanent retention
- Criminal case files (misdemeanors): 5-10 years after case closure
- Court calendars and dockets: Permanent retention
- Judgment records: Permanent retention
Detention Center Records:
- Inmate files: 10 years after release
- Visitor logs: 3 years
- Inmate medical records: 10 years after release
- Disciplinary records: 3 years after release
Electronic Records:
- Digital booking photos: Permanent retention
- Electronic arrest data: Follows same schedule as paper records
- Database entries: Permanent for felonies, variable for misdemeanors

Different agencies maintain separate record systems with distinct retention requirements:

The Burke County Sheriff's Office maintains arrest reports, booking information, and investigation files
The Burke County Clerk of Superior Court maintains court records related to criminal cases
The North Carolina Administrative Office of the Courts maintains the statewide court information system
The North Carolina State Bureau of Investigation maintains criminal history information

Records retention serves several important purposes:

Preserves evidence for potential future legal proceedings
Maintains documentation for statistical analysis and policy development
Ensures accountability of law enforcement and judicial systems
Provides historical documentation of criminal justice activities

It is important to note that even when physical records reach the end of their retention period, information about arrests may still exist in various databases and indices. Additionally, records that have been expunged through court order are removed from public access but may be retained in sealed form for specific law enforcement or judicial purposes as authorized by N.C. General Statutes § 15A-151.

How to Find Mugshots in Burke County

What Mugshots Are

Mugshots, also known as booking photographs, are official photographs taken by law enforcement during the booking process following an arrest. These photographs typically include front-facing and profile (side) views of the arrested individual and are used for identification purposes within the criminal justice system.

Where Mugshots Are Maintained

In Burke County, mugshots are primarily maintained by the following agencies:

Burke County Sheriff's Office maintains booking photographs as part of detention center records
Local Police Departments (Morganton Public Safety, Valdese Police Department) maintain mugshots for arrests they process
North Carolina State Bureau of Investigation maintains a central repository of booking photographs from across the state
North Carolina Department of Adult Correction maintains photographs of individuals sentenced to state custody

Finding Mugshots

Members of the public seeking mugshots in Burke County have several options:

Burke County Sheriff's Office Records Division:

Burke County Sheriff's Office
150 Government Drive
Morganton, NC 28655
(828) 438-5500
Burke County Sheriff's Office
- Submit a public records request in person
- Provide the name and date of arrest of the individual
- Pay applicable fees for copies (typically $5-10 per photograph)
- Allow 3-5 business days for processing
Municipal Police Departments:
- Contact the specific police department that made the arrest
- Submit a public records request
- Provide identifying information about the arrest
- Pay applicable fees
Burke County Clerk of Court:

Burke County Clerk of Superior Court
201 South Green Street, Suite 110
Morganton, NC 28655
(828) 433-3200
North Carolina Judicial Branch
- Request access to case files that may contain mugshots
- Provide case number if available
- Note that not all court files contain booking photographs

Can Mugshots Be Found Online

Some mugshots may be accessible online through:

Burke County Sheriff's Office inmate search function (current inmates only)
North Carolina Department of Adult Correction offender search (state prisoners only)
Third-party websites that aggregate booking information

However, it is important to note that North Carolina has enacted legislation (N.C. General Statutes § 15A-152) that requires commercial websites to remove mugshots if the person was not convicted or if the record has been expunged.

Obtaining Mugshots Officially

For the most accurate and current mugshot information, individuals should:

Submit formal public records requests to the appropriate agency
Provide specific identifying information about the arrest
Be prepared to pay applicable fees
Allow sufficient time for processing
Verify that the photograph is being obtained for legitimate purposes

Restrictions on Mugshot Access

Access to mugshots may be restricted under certain circumstances:

Juvenile arrest records (under age 18) are generally confidential
Expunged records are removed from public access
Ongoing investigations may limit access to certain booking photographs
Privacy protections may apply in specific cases
Commercial use restrictions may apply under state law

Individuals seeking mugshots should be aware that while these images are generally considered public records, their use and distribution may be subject to legal limitations, particularly for commercial purposes.

Lookup Arrest Records in Burke County

Public Records from the NC Department of Adult Correction

Obtaining Court Records through the North Carolina Judicial Branch

Criminal Offender Searches via the NC Department of Adult Correction

Request a Public Record from the North Carolina Judicial Branch