Burke County, North Carolina Arrest Records
Are Arrest Records Public in Burke County, North Carolina?
Arrest records in Burke County, North Carolina are public documents accessible to all citizens pursuant to the North Carolina Public Records Law (N.C.G.S. § 132-1). This statute establishes that records created or received by government agencies in the course of public business are the property of the people. The law specifically includes arrest records maintained by law enforcement agencies within Burke County as public information.
Members of the public may access these records regardless of their purpose for seeking the information. The North Carolina Public Records Law operates under the presumption of openness, meaning all government records are considered public unless specifically exempted by statute. Law enforcement agencies in Burke County must comply with requests for arrest records in accordance with state law, though certain processing fees may apply for document reproduction.
The Burke County Court system maintains these records as part of their official documentation of criminal proceedings. While most information in arrest records is publicly available, certain details may be redacted to protect ongoing investigations or the privacy of victims in sensitive cases as provided under N.C.G.S. § 132-1.4.
Can Arrest Records be Found Online in Burke County?
Burke County arrest records are available through various online platforms maintained by county and state agencies. The North Carolina Administrative Office of the Courts provides digital access to court records, including those related to arrests, through their online portal system. This digital accessibility is part of North Carolina's commitment to government transparency and public information access.
Online access to Burke County arrest records is available 24 hours per day, providing convenient access for citizens seeking information. The digital systems are regularly updated to reflect current arrest data, though users should note that the most recent arrests may experience a processing delay before appearing in online databases.
Digital records typically include basic arrest information such as the individual's name, charges filed, and court dates. For comprehensive records including detailed arrest reports, fingerprints, or mugshots, requestors may need to contact the appropriate agency directly or utilize the in-person services described below.
Burke County Sheriff's Office
150 Government Drive
Morganton, NC 28655
(828) 438-5500
Official Website
How to Look Up Burke County Arrest Records in 2025
Multiple methods exist for obtaining arrest records in Burke County, with procedures established to facilitate public access while maintaining record integrity. Individuals seeking arrest information may utilize the following official channels:
In-person requests at the Burke County Sheriff's Office Records Division, where staff can assist with searches and provide certified copies of records. The Records Division operates Monday through Friday, 8:30 AM to 5:00 PM, excluding county holidays.
Written requests submitted to the Burke County Clerk of Superior Court, which must include the full name of the individual, approximate date of arrest, and case number if available. Processing times for written requests typically range from 5-10 business days.
Online searches through the North Carolina Court System's public access portal, which provides basic case information for arrests processed through the court system.
Requests through the Burke County Courthouse, where terminals are available for public use to search court records related to arrests and subsequent proceedings.
Burke County Clerk of Superior Court
201 South Green Street
Morganton, NC 28655
(828) 433-3200
North Carolina Judicial Branch
Pursuant to N.C.G.S. § 132-6.2, agencies may charge reasonable fees for copying records but cannot charge for inspection of records or electronic access where systems already exist. Certified copies of arrest records typically incur a fee of $5.00 per document as authorized by state law.
Contents of a Burke County Arrest Record
Burke County arrest records contain standardized information documenting the apprehension and processing of individuals by law enforcement agencies. These records serve as official documentation of law enforcement actions and typically include:
- Subject identification information: Full legal name, known aliases, date of birth, gender, race, height, weight, eye and hair color, and identifying marks such as tattoos or scars
- Arrest details: Date, time, and location of arrest, arresting agency, officer identification, and arrest circumstances
- Criminal charges: Specific statutes violated, charge classification (misdemeanor or felony), and charge descriptions
- Booking information: Fingerprints, mugshot photographs, personal property inventory, and medical screening results
- Case processing data: Booking number, case numbers, court dates, and disposition information
- Bond information: Type of bond set, bond amount, and bond status
The North Carolina Department of Public Safety maintains standards for arrest record documentation that Burke County law enforcement agencies must follow. These standards ensure consistency in record-keeping practices across jurisdictions within the state.
Arrest records may also contain supplementary documentation such as incident reports, witness statements, and officer narratives, though access to these supplementary materials may be restricted during active investigations pursuant to N.C.G.S. § 132-1.4.
Expungement of Arrest Records in Burke County
Under North Carolina law, certain individuals may petition for expungement of arrest records in Burke County. Expungement is the legal process by which arrest records are removed from public access and, in some cases, physically destroyed. The authority for expungement is established under N.C.G.S. § 15A-145 through § 15A-152, which outlines eligibility criteria and procedures.
Eligibility for expungement in Burke County typically includes:
- Arrests that did not result in conviction (charges dismissed or findings of not guilty)
- First-time nonviolent misdemeanor convictions after waiting periods (typically 5-10 years depending on offense type)
- First-time nonviolent felony convictions after a 10-year waiting period
- Juvenile records upon reaching age 18 if specific criteria are met
- Certain drug offense convictions, particularly for offenses committed before age 22
The expungement process requires filing a petition with the Burke County Clerk of Superior Court, payment of filing fees (currently $175 as of 2025), and submission of an affidavit certifying eligibility. The petition is reviewed by a district attorney and judge before a determination is made. If granted, the expungement order directs all agencies to seal or destroy records related to the arrest.
Expunged records are removed from public databases and are not disclosed in background checks conducted by most employers. However, certain government agencies and law enforcement entities may retain access to expunged records for specific purposes as authorized by statute.
Search Arrest Records in Burke County
