Burke County Public Records /Burke County Court Records

Burke County Court Records

What Is Burke County Court Records

Burke County court records encompass all official documentation generated during legal proceedings within the county's court system. These records include case files, dockets, pleadings, motions, orders, judgments, transcripts, exhibits, and sentencing records maintained by the courts. Court records are distinct from other public records such as property deeds, vital records (birth, death, marriage certificates), and tax records, which are typically maintained by other county departments.

In Burke County, court records are maintained by several courts within the North Carolina Judicial Branch system:

Superior Court
District Court
Small Claims Court
Family Court
Juvenile Court
Probate Court (Estate matters)

These records document proceedings across civil, criminal, family, probate, and traffic matters. According to North Carolina General Statutes § 7A-109, the clerk of superior court is the official custodian of all records of the superior court and district court divisions of the General Court of Justice. The statute mandates that these records "shall be open to the inspection of the public during regular office hours."

The Burke County courts operate under the unified court system of North Carolina, where standardized procedures for record-keeping and public access are established by the North Carolina Administrative Office of the Courts.

Are Court Records Public In Burke County

Court records in Burke County are generally public pursuant to North Carolina's public records law and the constitutional principle of open courts. Under North Carolina General Statutes § 132-1, public records include "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."

The following court records are typically available for public inspection:

Most civil case files
Criminal case files (post-charging)
Judgments and orders
Docket sheets
Hearing schedules
Court calendars

However, certain records may be restricted or sealed by court order or statute. These exceptions include:

Juvenile records (protected under N.C.G.S. § 7B-2901)
Adoption proceedings
Certain domestic violence cases
Mental health proceedings
Records sealed by judicial order
Cases involving confidential informants
Pre-sentence investigation reports

The North Carolina Supreme Court has established rules regarding public access to court records through the Rules of Recordkeeping, which provide guidance on record maintenance and accessibility. These rules work in conjunction with the North Carolina Court Records Access policy to ensure appropriate public access while protecting sensitive information.

How To Find Court Records in Burke County in 2026

Members of the public seeking court records in Burke County may utilize several methods to locate and access these documents. The following procedures are currently in effect:

Visit the Burke County Courthouse in person:
- Request records from the Clerk of Superior Court's office
- Provide case information (names, case numbers, filing dates)
- Staff will retrieve available records for inspection
- Photocopies may be made for a fee

Burke County Courthouse
201 South Green Street
Morganton, NC 28655
(828) 433-3200
Burke County Courthouse

Submit a written request:
- Mail a detailed request to the Clerk of Superior Court
- Include specific case information and contact details
- Enclose a self-addressed stamped envelope for response
- Include payment for any applicable fees

Burke County Clerk of Superior Court
PO Box 796
Morganton, NC 28655
(828) 433-3200
Burke County Clerk of Court

Use online resources:
- Access the North Carolina Judicial Branch's eCourts portal
- Search the Criminal and Infraction Public Records Search
- Check Civil Case Processing System (where available)
- Review court calendars and hearing schedules
Request certified copies:
- Submit a specific request for certified documents
- Pay required certification fees
- Allow additional processing time
Research historical records:
- Contact the Clerk's office for records older than 10 years
- Some older records may be archived off-site
- Additional retrieval time may be necessary

Pursuant to North Carolina court rules, requestors should be prepared to pay applicable fees for copies, certifications, and extensive searches. Current fee schedules are available at the Clerk's office or on the North Carolina Judicial Branch website.

How To Look Up Court Records in Burke County Online?

Burke County residents and interested parties can access certain court records through several online portals maintained by the North Carolina Judicial Branch. The following digital resources are available for conducting court record searches:

North Carolina Judicial Branch eCourts Portal
- Access the eCourts online system
- Search criminal cases by name, case number, or citation number
- View case status, upcoming court dates, and basic case information
- Access traffic citations and infractions
Civil Case Processing System
- Search civil cases filed in Burke County
- View case types, filing dates, and party information
- Access certain case documents (where available)
- Monitor case status and scheduled hearings
Criminal Court Information System Public Access
- Search for criminal cases by defendant name
- View charges, disposition information, and next court dates
- Access limited case history information
- Check criminal record information for background purposes
North Carolina Court Calendar
- View upcoming court sessions and hearings
- Search by court type, date, or judicial official
- Plan court appearances or attendance
- Monitor case scheduling

To conduct an online search:

Navigate to the appropriate portal based on case type
Enter required search criteria (names, case numbers, dates)
Review search results for matching records
Select specific cases to view available details
Note that complete case files may not be available online

Users should be aware that online access is limited to certain record types and may not include all documents contained in the physical case file. Additionally, some sensitive case types may be excluded from online access pursuant to North Carolina General Statutes § 7A-276.1, which governs electronic access to court records.

How To Search Burke County Court Records for Free?

North Carolina law guarantees the public's right to inspect court records without charge. According to North Carolina 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."

The following methods are available for free court record searches in Burke County:

In-Person Inspection at the Courthouse
- Visit the Burke County Courthouse during regular business hours
- Request to view specific case files at the Clerk's office
- Examine records under staff supervision at no charge
- Note that copying fees will apply if copies are requested
Free Online Resources
- The North Carolina Court Calendar Search is available at no cost
- Basic case information through the eCourts portal is free to access
- Criminal case searches through the Criminal Information System are free
- Court docket information can be viewed without charge
Public Access Terminals
- Computer terminals at the Burke County Courthouse provide free access
- Search court databases more extensively than through public websites
- Access additional case information not available on public portals
- No charge for searching or viewing information on these terminals

While inspection of records is free, fees apply for copies, certified documents, and extensive searches requiring significant staff time. Current fee schedules are posted at the Clerk's office and include:

Standard photocopies: $0.25 per page
Certified copies: $5.00 for first page, $2.00 each additional page
Computer printouts: $0.25 per page

The North Carolina Judicial Branch maintains policies ensuring free public inspection while allowing reasonable cost recovery for reproduction services.

What's Included in a Burke County Court Record?

Burke County court records contain comprehensive documentation of legal proceedings. The specific contents vary by case type but typically include the following components:

Civil Case Records:

Complaint or petition initiating the case
Summons and proof of service documents
Answers and counterclaims
Motions and supporting memoranda
Discovery documents (when filed with the court)
Affidavits and declarations
Court orders and judgments
Hearing and trial transcripts (when prepared)
Exhibits admitted into evidence
Final disposition documents
Appeals documentation (if applicable)

Criminal Case Records:

Criminal complaint or indictment
Arrest warrant information
Probable cause affidavits
Bond and pretrial release documents
Defendant's initial appearance records
Plea agreements or trial information
Motions and court rulings
Sentencing documents
Probation reports (non-confidential portions)
Judgment and commitment orders
Appeal documentation (if applicable)

Family Court Records:

Divorce petitions and responses
Child custody and support documents
Parenting plans
Financial affidavits (may be partially redacted)
Court orders regarding custody, support, and property division
Guardian ad litem reports (when not sealed)
Domestic violence protective orders
Name change petitions and orders

Probate Records:

Wills and codicils
Petitions for probate
Letters testamentary or administration
Inventories of estate assets
Claims against estates
Accountings of estate administration
Distribution plans
Orders closing estates

Case Docket Sheets:

Chronological listing of all filings and proceedings
Hearing dates and outcomes
Judge assignments
Filing dates of all documents
Record of service of process
Fee payment information

Pursuant to North Carolina Rules of Recordkeeping, certain sensitive information may be redacted from public court records, including Social Security numbers, financial account numbers, and certain personal identifiers of minors.

How Long Does Burke County Keep Court Records?

Burke County follows the North Carolina Judicial Branch's records retention schedules, which establish mandatory timeframes for preserving various court documents. These retention periods are governed by the North Carolina Department of Natural and Cultural Resources' Records Retention Schedule and vary based on case type and document importance.

Criminal Case Records:

Capital felony cases: Permanent retention
Non-capital felony cases: 20 years after case closure
Misdemeanor cases: 5-10 years after case closure
Infractions: 3 years after case closure
Expunged records: Destroyed pursuant to court order

Civil Case Records:

General civil cases: 5-10 years after case closure
Small claims: 5 years after judgment
Special proceedings: 5-10 years depending on type
Domestic relations cases: 25 years after case closure
Juvenile proceedings: Until child reaches age 18, then sealed

Probate Records:

Wills: Permanent retention
Estate administration: 10 years after estate closed
Guardianship records: 10 years after termination of guardianship
Special proceedings: Varies by proceeding type

Court Dockets and Indexes:

Criminal and civil dockets: Permanent retention
Judgment indexes: Permanent retention
Case indexes: Permanent retention

Court Orders and Judgments:

Final judgments in all cases: Permanent retention
Orders affecting title to real property: Permanent retention
Other orders: Retention period matches case file

After the designated retention period expires, non-permanent records may be destroyed in accordance with North Carolina General Statutes § 121-5, which governs the destruction of public records. However, records with historical significance may be transferred to the State Archives for permanent preservation rather than being destroyed.

Types of Courts In Burke County

Burke County's court system operates as part of North Carolina's unified judicial system, with several court types serving different jurisdictional functions:

Superior Court
201 South Green Street
Morganton, NC 28655
(828) 433-3200
Burke County Superior Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

Superior Court handles felony criminal cases, civil cases involving amounts over $25,000, and appeals from District Court. It is presided over by judges who rotate throughout the judicial district.

District Court
201 South Green Street
Morganton, NC 28655
(828) 433-3200
Burke County District Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

District Court handles misdemeanors, infractions, civil cases under $25,000, domestic relations matters, juvenile proceedings, and preliminary hearings in felony cases.

Small Claims Court (Division of District Court)
201 South Green Street
Morganton, NC 28655
(828) 433-3200
Burke County Small Claims Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

Small Claims Court handles civil matters with amounts in controversy up to $10,000, presided over by magistrates.

Clerk of Superior Court (Probate Division)
201 South Green Street
Morganton, NC 28655
(828) 433-3200
Burke County Clerk of Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

The Clerk of Superior Court handles probate matters, estate administration, guardianships, and certain special proceedings.

The North Carolina court hierarchy progresses from Magistrate/Small Claims Court to District Court to Superior Court, then to the North Carolina Court of Appeals, and finally to the North Carolina Supreme Court. Appeals from Burke County cases follow this established path through the state judicial system.

All Burke County courts operate under the administrative oversight of the North Carolina Administrative Office of the Courts, which establishes uniform policies and procedures for court operations statewide.

What Types of Cases Do Burke County Courts Hear?

Burke County courts adjudicate a wide range of legal matters according to their jurisdictional authority within North Carolina's unified court system:

Superior Court Cases:

Felony criminal prosecutions
Civil matters involving amounts over $25,000
Appeals from District Court decisions
Property disputes involving real estate
Complex business litigation
Administrative agency appeals
Constitutional challenges to state laws
Medical malpractice claims
Product liability lawsuits
Class action litigation

District Court Cases:

Misdemeanor criminal cases
Traffic violations and infractions
Civil disputes involving amounts up to $25,000
Domestic relations matters (divorce, custody, support)
Juvenile delinquency proceedings
Juvenile dependency and neglect cases
Domestic violence protective orders
Involuntary commitment proceedings
Preliminary hearings in felony cases
DWI/DUI offenses

Small Claims Court Cases:

Landlord-tenant disputes
Consumer claims up to $10,000
Property damage claims under $10,000
Contract disputes within jurisdictional limit
Personal injury claims within jurisdictional limit
Debt collection matters under $10,000
Recovery of personal property

Clerk of Superior Court (Probate Division):

Estate administration
Probate of wills
Guardianship proceedings
Foreclosures
Adoptions
Name changes
Incompetency determinations
Special proceedings
Condemnation actions

Case assignment follows jurisdictional rules established by the North Carolina General Statutes § 7A, which defines the authority of each court level. The Burke County court system processes thousands of cases annually across these various categories, with the North Carolina Judicial Branch providing administrative support and oversight.

How To Find a Court Docket In Burke County

Court dockets in Burke County provide a chronological listing of scheduled cases and proceedings. Members of the public can access these dockets through several methods:

Online Docket Access:
- Visit the North Carolina Court Calendars website
- Select Burke County from the location dropdown
- Choose the court type (Superior, District, etc.)
- Select the desired date range
- View or download the calendar showing all scheduled cases
eCourts Portal:
- Access the North Carolina eCourts system
- Search for specific cases by name or case number
- View upcoming court dates for individual cases
- Check hearing schedules and assigned courtrooms
In-Person Docket Review:
- Visit the Burke County Courthouse
- Request to view current dockets at the Clerk's office
- Check bulletin boards near courtrooms for daily calendars
- Speak with court staff about specific docket information
Telephone Information:
- Call the Clerk of Court's office at (828) 433-3200
- Provide case information for docket verification
- Request information about upcoming court sessions
- Confirm hearing dates and times for specific cases
Attorney Access:
- Attorneys can access additional docket information through secure portals
- Bar members may receive electronic notifications of schedule changes
- Law firms can subscribe to docket monitoring services

Docket information typically includes:

Case numbers and party names
Scheduled hearing dates and times
Assigned courtrooms and judges
Nature of proceedings (trial, motion hearing, etc.)
Case status information

Pursuant to North Carolina Administrative Office of the Courts policies, docket information is updated regularly but may be subject to last-minute changes. Parties with scheduled court appearances should verify docket information the day before their scheduled appearance.

Which Courts in Burke County Are Not Courts of Record?

In the North Carolina judicial system, a "court of record" is defined as a court that creates and maintains detailed documentation of its proceedings, including verbatim transcripts when requested, and whose actions can be reviewed by higher courts on appeal. Conversely, courts "not of record" typically conduct less formal proceedings without complete verbatim records.

In Burke County, the following courts are not courts of record:

Small Claims Court

Presided over by magistrates
Handles civil matters up to $10,000
Proceedings are summary in nature
No court reporter present
No verbatim transcript created
Appeals from Small Claims Court receive a completely new trial (trial de novo) in District Court

Magistrate Court Sessions

Handle initial appearances
Set preliminary bonds
Issue arrest and search warrants
Conduct probable cause determinations
Proceedings typically not recorded verbatim
Limited record-keeping compared to higher courts

According to North Carolina General Statutes § 7A-271 and § 7A-272, which establish court jurisdiction, these lower-level courts provide expedited and simplified proceedings for minor matters. Their decisions may be appealed to courts of record (District or Superior Court) where a complete new hearing is conducted.

All other Burke County courts, including District Court, Superior Court, and specialized sessions such as Family Court, are courts of record that maintain comprehensive documentation of their proceedings and create verbatim records of testimony when required.