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  1. Burke County Court
  2. Burke County Arrest Records

Burke County, North Carolina Arrest Records

In Burke County, arrest records are official documents that detail the arrest and booking of suspects by the county's law enforcement agencies. These documents encompass the arrestee's identifying information, the alleged crime, and custody details. Local law enforcement agencies, including the Burke County Sheriff's Office, the Morganton Department of Public Safety (MDPS), and the Valdese Police Department, generate these records to maintain transparency and ensure public accountability.

Chapter 132 of the North Carolina General Statutes (North Carolina Public Records Act) governs public access to official government documents, including Burke County arrest records, unless statutory exemptions apply. However, North Carolina operates a separate statutory scheme for criminal history records information. According to Section 14B NCAC 18B .0404 of the North Carolina Administrative Code, individuals may obtain and inspect their own fingerprint-based background reports from the NC State Bureau of Investigation (SBI). In contrast, Chapter 114 of the North Carolina General Statutes restricts public access to authorized entities.

Are Arrest Records Public Information in Burke, North Carolina?

Yes, arrest records are public in Burke County. Chapter 132 of the North Carolina General Statutes (North Carolina Public Records Act) governs the disclosure of arrest records in Burke County. While Section 132-1 mandates public access to these records, Section 132-1.4(a) outlines exemptions. For instance, law enforcement investigative files are not open for public inspection.

Accessing Burke County public arrest records does not require identification. Likewise, these public records are accessible to interested individuals regardless of residency or citizenship. Although custodian agencies allow individuals to inspect Burke County arrest records for free, copies of documents may incur nominal fees.

What Do Public Burke County Arrest Records Contain?

North Carolina classifies arrest records as public documents. Section 132-1.4(c) of the North Carolina General Statutes outlines arrest information accessible to the public to maintain law enforcement transparency. Consequently, a public-facing Burke County arrest record includes:

  • Full name, age, gender, address, and occupation of the arrested person
  • Date, time, and location of the arrest
  • Criminal charges resulting in the arrest
  • The arresting agency
  • Mugshot
  • Description of items seized during the arrest
  • The detention facility
  • Bail or bond amount.

Although basic Burke County arrest records are public, California requires law enforcement agencies to withhold confidential information to safeguard ongoing criminal investigations and protect victim privacy. Hence, unauthorized persons cannot access Burke County arrest records related to:

  • Juveniles
  • Investigative files
  • Informant identities
  • Victim and witness identifying data
  • Sensitive personal details
  • Sealed and expunged records.

Burke County, North Carolina Arrest Search

Individuals seeking to access Burke County arrest records may use state and federal databases. At the state level, eligible individuals may request criminal history records through the North Carolina State Bureau of Investigation (SBI) Background Checks Page. For individuals arrested in Burke County serving state prison sentences or supervision, interested parties may use the North Carolina Department of Corrections (NCDC) Offender Public Information portal. This database allows users to search by name or offender ID. Additionally, the North Carolina Judicial Branch Case Search portal allows users to access Burke County criminal court cases and arrest dockets by name or case number.

Burke County arrest records may also be accessible through federal databases. Individuals may access information about federal arrests in Burke County by searching the Public Access to Court Electronic Records (PACER) portal. This federal database is the official online tool for case dockets and documents from the U.S District Courts, Bankruptcy Courts, and Courts of Appeals. Furthermore, interested individuals may also request an FBI Identity History Summary Check to review their own federal criminal history.

Burke County Inmate Locator

In Burke County, interested individuals may access arrest records through the Burke County Sheriff's Office Jail Inmates Search portal or the Sheriff's Office Mobile App. This local inmate locator provides information about individuals incarcerated at the Burke County Jail. To find arrest information through the Burke County Sheriff's Office (BCSO) Jail Inmates Search portal:

  • Visit the Burke County Sheriff's Office (BCSO) website.
  • Click the "Who's in Jail in Burke County" link.
  • On the next page, click the "Sort by" icon to view the inmate's profile.
  • Alternatively, scroll through the arrest roster to locate the specific inmate.

Alternatively:

  • Download and install the Burke County Sheriff's Office App for Android or IOS.
  • Click the "Inmate Search" icon.
  • On the subsequent page, locate and click the inmate's name to reveal the underlying record.

For offline access to Burke County arrest records, information seekers may also contact the BCSO or the Burke County Jail at:

Burke County Sheriff's Office (Main Administrative Office)

150 Government Drive,

Morganton,

NC 28655

Phone: (828) 438-5500

Email: burkesheriff@burkenc.org

Burke County Jail

130 Government Drive,

Morganton,

NC 28655

Phone: (828) 764-9590.

How to Find Arrest Records for Free in Burke County

North Carolina mandates public access to basic arrest details. In Burke County, information seekers may use several free options to locate these records. However, custodian agencies may charge fees for physical copies. The Burke County Sheriff's Office Jail Inmate Search portal and the mobile app are free online tools for accessing local arrest information. Record seekers may also access Burke County arrest records that resulted in criminal case records through the North Carolina Judicial Branch Case Search portal or by using public access terminals at the Burke County Clerk of Superior Court Office.

While the Burke County Sheriff's Office jail lookup portal provides access to recent arrest data, an inmate's record is no longer available once they are transferred or released. Additionally, free online access to Burke County arrest records does not require identification. However, obtaining certified copies in person at the record custodian offices may require a government-issued photo ID. Furthermore, free search platforms exclude older or redacted information. To obtain comprehensive Burke County arrest details requires a formal records request to the Burke County Sheriff's Office or the arresting agency.

Burke County Arrest Report

Burke County arrest reports and arrest records are distinct documents generated by law enforcement. An arrest report is a detailed narrative written by the arresting officer after the arrest. Generally, prosecutors use these investigative files as a foundation for criminal trials. These reports contain more substantial information than basic arrest entries. Consequently, a typical Burke County arrest report includes:

  • The officer's observations
  • Evidence observed and collected at the arrest location
  • Probable cause for the arrest
  • Witness statements
  • Name of arresting officer and agency
  • The circumstances leading to the arrest.

In contrast, law enforcement, jail, and judicial administrative systems generate arrest records as high-level summary entries when officials process individuals into custody. Typically, these records outline the arrestee's identifying information, custody and booking details, and conditions for release. Under Section 132-1.4 of the North Carolina General Statutes, basic arrest details are public. However, custodian agencies may withhold or redact the arresting officer's full narrative report if it pertains to an ongoing criminal investigation.

How to Get an Arrest Record Expunged in Burke County

North Carolina provides several pathways to expunge arrest records. Under North Carolina law, expungement completely erases the official record of an arrest or conviction and treats it as if it never existed. Although the North Carolina Second Chance Act automatically expunges non-conviction arrests that occurred on or after December 1, 2021, individuals with non-conviction arrests from before December 1, 2021 must file formal expungement petitions under Section 15A-146 of the North Carolina General Statutes.

Section 15A-145.5 of the North Carolina General Statutes permits the expungement of a Burke County arrest record if:

  • It results from an eligible non-violent misdemeanor or non-violent felony conviction.
  • The offender observes the applicable waiting period after completing the sentence for the crime.
  • The applicant has paid all court fees, fines, or restitution.

North Carolina mandates specific waiting periods before applicants may apply. These include:

  • Single non-violent misdemeanor: 3 to 5 years
  • Multiple non-violent misdemeanors from different dates: 7 years
  • First-time non-violent felony: 10 years
  • Multiple non-violent felony convictions from different dates: 20 years

Additionally, first-time youthful offenders and individuals with eligible drug offenses may expunge their arrest records (Sections 15A-145 and 15A-145.2 of the North Carolina General Statutes).

To expunge a Burke County arrest record:

  • Obtain a certified copy of the criminal history record from the Burke County Clerk of Superior Court or the North Carolina State Bureau of Investigation (NCSBI).
  • Download and complete the appropriate Expungement Form from the North Carolina Judicial Branch portal.
  • Submit the completed petition and pay the filing fee to the Burke County Clerk of Superior Court Office.
  • Wait for the NCSBI and the District Attorney's Office to verify eligibility.
  • If NCSBI approves the petition, a Burke County District or Superior Court judge reviews the petition and issues an expungement order.
  • The Burke County Clerk of Superior Court sends the signed order to all relevant agencies to remove the records from their databases.

How Do You Remove Burke County Arrest Records From the Internet?

Individuals seeking to remove Burke County arrest records from the internet should start by obtaining a formal expunction through the Burke County Clerk of Superior Court. According to Section 15A-150(d) of the North Carolina General Statutes, once a judge signs an expungement order, the North Carolina Administrative Office of the Courts (AOC) issues official deletion notices to private entities that license or purchase bulk criminal database records. However, private online platforms may still display the information. To remove a Burke County arrest record from the internet:

  • Expunge the record through the Burke County Superior Court.
  • Obtain certified copies of the expungement order or dismissal order.
  • Send removal requests to the website along with certified copies of the expungement order.
  • Submit formal requests to search engines to de-index the record and make it inaccessible through search results.