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Morganton Arrest Records

Are Arrest Records Public in Morganton, North Carolina?

Arrest records are public documents in Morganton, North Carolina, pursuant to North Carolina General Statutes § 132-1, which 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." Law enforcement agencies in Morganton maintain these records as part of their official duties, and members of the public may access them through established procedures.

The North Carolina Public Records Law ensures transparency in government operations by providing citizens with the right to inspect, examine, and obtain copies of public records. This statutory framework promotes accountability among public officials and agencies while facilitating informed civic participation. Exceptions to disclosure exist for certain confidential information as specified in § 132-1.2, including information that would reveal undercover law enforcement operations or jeopardize ongoing investigations.

How to Look Up Morganton Arrest Records in 2025

Members of the public seeking arrest records in Morganton have multiple avenues available for conducting searches:

Burke County Sheriff's Office
150 Government Drive
Morganton, NC 28655
Phone: (828) 438-5500
Hours: Monday-Friday, 8:30 AM - 5:00 PM
Burke County Sheriff's Office
Morganton Department of Public Safety
304 South College Street
Morganton, NC 28655
Phone: (828) 437-1211
Hours: Monday-Friday, 8:00 AM - 5:00 PM
Morganton Public Safety
Burke County Clerk of Superior Court
201 South Green Street
Morganton, NC 28655
Phone: (828) 433-3200
Hours: Monday-Friday, 8:30 AM - 5:00 PM
Burke County Courthouse

Requestors may submit written applications for arrest records in person at these facilities. Pursuant to § 132-6.2(a), agencies must provide public records "as promptly as possible." Fees for copies of records are established in accordance with § 132-6.2(b) and are limited to the actual cost of reproduction. Electronic records may be provided when available, though some older records may exist only in paper format.

The North Carolina Administrative Office of the Courts also maintains a statewide database accessible through public terminals at courthouse locations. Remote access options have expanded in recent years, with some records now available through the North Carolina Court System's online portal.

Contents of a Morganton Arrest Record

Arrest records maintained by Morganton law enforcement agencies typically contain the following information as required by North Carolina Administrative Code Title 12, Chapter 4C:

Full legal name of the arrested individual
Date of birth and demographic information
Physical descriptors (height, weight, identifying marks)
Date, time, and location of arrest
Statutory citation and description of alleged offense(s)
Booking photograph ("mugshot")
Fingerprint classification data
Arresting agency and officer identification
Case or incident number
Custody status information
Court appearance dates
Bond or bail amount, if applicable

Pursuant to § 15A-502, law enforcement agencies are required to photograph and fingerprint individuals charged with felonies or certain misdemeanors. These biometric identifiers become part of the arrest record and may be shared with state and federal criminal justice information systems in accordance with established protocols.

It should be noted that arrest records document allegations only and do not constitute proof of guilt. Under North Carolina law, all defendants are presumed innocent until proven guilty in a court of law.

Expungement of Arrest Records in Morganton

North Carolina law provides mechanisms for the expungement (also called expunction) of arrest records under specific circumstances. Pursuant to § 15A-145 through § 15A-152, individuals may petition the court to remove arrest records from public access when:

The charge was dismissed or resulted in a finding of not guilty
The individual was convicted but later pardoned
The individual meets statutory criteria for expungement of first-time nonviolent offenses
The arrest resulted from identity theft or mistaken identity
The individual was a minor at the time of the offense (subject to juvenile record provisions)

The expungement process in Morganton requires filing a petition with the Burke County Clerk of Superior Court. Petitioners must complete form AOC-CR-280, available at the courthouse or online through the North Carolina Administrative Office of the Courts. The filing fee is $175 as established by § 7A-308(a)(17), though fee waivers may be available for indigent petitioners pursuant to § 7A-308(b1).

Upon receipt of a properly filed petition, the clerk forwards the request to the State Bureau of Investigation for verification of eligibility. The district attorney's office receives notification and may contest the petition. If no objections are raised and the petitioner meets statutory requirements, the presiding judge may grant the expungement order.

When an expungement is granted, all public records of the arrest are removed from agency files and electronic databases. Pursuant to § 15A-152, agencies must delete or destroy physical records and remove electronic entries from publicly accessible systems. The individual may legally deny the occurrence of the arrest in most circumstances, with limited exceptions for certain employment applications as specified in § 15A-153.

Legal Implications of Arrest Records in Morganton

Arrest records can have significant consequences for individuals in various aspects of life. North Carolina General Statutes § 15A-146(a) acknowledges this impact by stating that "the effect of such an order shall be to restore the person, in the contemplation of the law, to the status he occupied before such arrest or indictment or information."

Employers in Morganton conducting background checks may access arrest records through public channels. However, pursuant to the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), employers must obtain written consent before conducting such checks and must follow specific procedures if adverse actions are taken based on the information discovered.

Housing providers may similarly review arrest records when evaluating rental applications. The North Carolina Landlord and Tenant Act does not explicitly prohibit consideration of criminal history in housing decisions, though landlords must comply with federal Fair Housing Act provisions regarding discriminatory practices.

Professional licensing boards operating under North Carolina statutes may consider arrest records when evaluating applications for occupational licenses. Each licensing authority maintains specific standards regarding the relevance and weight given to criminal history information in accordance with their governing statutes.