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Burke County, North Carolina Court Records

One inevitable result of judicial proceedings in Burke County, North Carolina, is the generation and maintenance of accompanying documentation ("court records") by the Clerk of Superior Court. Court records are simply the formal accounts of a court case, recorded in physical, digital, or other documentary formats.

Per G.S. 7A-109, the Clerk of Superior Court keeps all records filed or generated during active case proceedings. Some documents in the case file are obtained from separate government agencies and submitted to the court to refute or support claims (for example, a death certificate filed to initiate probate proceedings).

Are Burke County Court Records Public?

Yes. G.S. 132-1 et seq. (North Carolina's Public Records Law) and G.S. 7A-109 allow any person to copy or view court records produced within the Burke County judicial system. Under these regulations, the bulk of court records remain open to the general public through the Clerk of Superior Court, the designated legal custodian.

However, the public does not possess an absolute right of access, given that state/federal law, judicial order, or judicial rule prohibits public inspection where particular information or an entire case file has been deemed confidential.

In Burke County, these restricted records include juvenile court records, adoption files, grand jury records, and safekeeping wills (G.S. 31-11).

What Information is Available in Burke County Court Records?

Information viewable within court records in Burke County includes

  • Case Metadata: Includes the unique case number, initial filing date, litigants' names, attorneys of record, presiding judge or magistrate, fixed hearing/trial dates, and the final disposition date.
  • Case Documents: Includes plea agreements, civil complaints, summonses, writs, motions, subpoenas, dockets, orders, and judgments. Note that the specific documents filed vary by the type of proceeding.

Burke County Court Records Search

Burke County court records can generally be retrieved through these three avenues:

Online Access

North Carolina's judiciary presents the eCourts Portal as a convenient, no-cost means for members of the public to retrieve information about a case, no matter the county in which it is filed. This system can be searched using parameters such as a case party's name (e.g., the defendant sued in a civil case) or case number. However, information retrievable from the platform is for informational purposes and does not constitute the official court record.

In-Person Access

In-person searches at the Burke County courthouse are one way to secure official or certified court records from the Burke County judiciary. Public computer terminals are available at the courthouse for free self-service research, and staff at the Clerk of Superior Court's Office can assist with manual record searches and physical replications for a fee. Visitors will need to possess either the case party's name or the unique case number to facilitate record retrieval.

Mail and Phone Requests

Written court records requests can be mailed directly to the Burke County Clerk of Superior Court at

Burke County Courthouse

PO Box 796

Morganton, NC 28655

When forwarding such requests, it is crucial to include information sufficient for clerical staff to locate the requested records, such as the case number, filing date, or the case participant's name, as well as a description of the requested document(s). Requesters must also cover all necessary fees for their requests; these costs can be verified by calling the Clerk's Office at (828) 433-3200.

Fees for Court Records in Burke County

G.S. 7A-308 establishes certain fees for the retrieval of court records in Burke County and in other North Carolina counties.

  • Preparation of photocopies: First page of each document - $2; each additional page or fraction thereof: 25 cents (G.S. 7A-308(a)(12)).
  • Certified copy: $3 (G.S. 7A-308(a)(9)).
  • Exemplification of records: $10 (G.S. 7A-308(a)(10)).
  • Criminal record search: $25 (G.S. 7A-308(a)(17)). Note: There is no fee if the record search is requested by a petitioner of a proceeding brought under Article 2, Chapter 20 G.S. (the Uniform Driver's License Act) or if the requester is a federal/state government agency.

Record inspection through the eCourts platform or at courthouse public terminals remains free of charge.

Burke County Courthouse Locations

Burke County operates two trial-level courts: the Superior Court and the District Court, which hold jurisdiction over all legal matters that originate in the county under North Carolina state law or municipal ordinances. Cases heard within the courts' jurisdiction include probate, domestic, felony, misdemeanor, traffic, and civil. Both courts are physically located and hear proceedings at the same location:

Burke County Courthouse

201 South Green Street

Morganton, NC 28655

Phone: (828) 433-3200

Criminal Records Access in Burke County

One way to access criminal information generated by the justice system in Burke County is to request a criminal background check from the Clerk of Superior Court's Office. This name-based check covers criminal charges and case dispositions tied to a specific defendant within the county's court system. It is not a statewide check, so the results do not show offenses or convictions from other North Carolina jurisdictions. However, any member of the public can request this check, provided they complete the appropriate form (Form AOC-CR-31) and pay the mandatory $25 flat fee per request.

Conversely, comprehensive, statewide criminal background checks are available through the North Carolina State Bureau of Investigation (NCSBI). Unlike the courts' public name-based checks, these are strictly fingerprint-based to ensure precise identity verification and are restricted to legally authorized entities under G.S. 143B-1209.10 et seq., mainly the subject of record and approved agencies. Individuals seeking their own criminal histories will need to complete the "Right to Review" application process, which incurs a standard $14 fee per report.

Burke County Probate Records

The Clerk of Superior Court directly adjudicates all estate proceedings (probate) in Burke County. G.S. 28A-2-1 gives the Clerk the title of ex officio probate judge, establishing this office as the proper venue for the administration and settlement of a decedent's estate. North Carolina's law also authorizes the Clerk to preside over protective and special proceedings, such as incompetency, guardianship, and legal name change. The Clerk also functions as the official legal custodian of all probate court files.

Members of the public can review Burke County probate records remotely by searching the North Carolina Judicial Branch's eCourts portal, featured on the state judiciary's official website. Alternatively, parties can visit the Burke County courthouse to research probate cases on free public access terminals or submit duplication requests to clerical staff.

Burke County Family Court Records

Family law addresses actions of divorce, child custody, alimony (spousal support), visitation, equitable distribution of marital property, termination of parental rights, and domestic violence orders of protection. The formal trial venue of these domestic relations proceedings in Burke County is the District Court (G.S. 7A-244).

Although family proceedings are heard exclusively in the District Court, the collation, maintenance, and dissemination of the accompanying case documentation falls under the authority of the Clerk of Superior Court. Thus, individuals requiring plain or certified copies of, say, a child custody decree or final divorce judgment, will need to approach the Clerk's Office. Remote public access, however, remains widely available through the North Carolina Judicial Branch's online eCourts portal.

Researchers should note, however, that certain statutory restrictions shield confidential information or documents, such as a minor's identifying information.

Federal Court Records in Burke County

Original jurisdiction over federal civil actions and criminal prosecutions arising in Burke County is held by the United States District Court for the Western District of North Carolina. Administratively, the county falls under the court's Asheville Division, which hears proceedings in the federal courthouse building situated in Asheville, North Carolina.

Asheville Divisional Office

United States Courthouse

100 Otis Street

Room 309

Asheville, NC 28801

Public access to case records from this Division can be obtained through the PACER Case Locator (PCL), the nationwide index for open and closed federal cases. Users will need to sign up to look up cases, and certain fees may apply. The Case Management/Electronic Case Files (CM/ECF) interface is also available to case parties and attorneys of record who wish to file and view court documents online. Notably, the Western District of North Carolina Court also hosts a specialized index lookup system for querying pre-1992 cases online.

Individuals can contact the federal clerk of court's office for access to federal case records. The clerk can be reached at (828) 771-7200.

Burke County Court