Burke County Court Records Search

Burke County sits in the foothills of western North Carolina, with its county seat in the city of Morganton. The county’s court system falls within Prosecutorial District 36 and Superior Court District 36, handling a full range of criminal, civil, family, and probate matters. Anyone with a reason to look into court filings — whether verifying a judgment, reviewing divorce documents, pulling criminal case details, or checking on a probate estate — will interact primarily with the Clerk of Superior Court at the Burke County Courthouse. This guide walks through the offices, tools, procedures, and legal rules that govern access to Burke County court records.

North Carolina residents and the general public can search for court case information through several channels, including clerk of court offices, self-service public access terminals inside courthouses, and online tools maintained by the state judiciary. NorthCarolinaCourts.us may help users locate publicly available case data and connect with statewide court resources. Burke County is now part of the statewide eCourts system, which went live in the county on October 13, 2025, bringing electronic filing and expanded online record access to all 100 North Carolina counties.

How to Look Up a Court Case in Burke County?

There are three primary ways to search for a court case in Burke County: online through the state’s Portal system, in person at the courthouse, or by mail.

Online Search via Portal

The North Carolina Judicial Branch operates Portal, an online case search tool now available in every county following the full eCourts rollout. Through Portal, users can:

Search case information by party name, attorney name, citation number, or case number
View docket entries, hearing dates, and case documents
Make credit card payments for fines and fees

Portal is free to use and does not require an account for basic searches. However, individuals conducting formal background checks should use the clerk’s office rather than Portal, as the North Carolina Administrative Office of the Courts recommends using certified search methods for those purposes.

In-Person Search

The Burke County Courthouse maintains public self-service terminals where visitors can look up cases by defendant name, case number, or victim/witness name at no charge. Paper case files can also be reviewed by visiting the clerk’s office during business hours. Staff can provide copies of documents for a per-page fee.

Burke County Courthouse
Address: 201 South Green Street, Morganton, NC 28655
Mailing Address: P.O. Box 796, Morganton, NC 28655
Phone: (828) 433-3200
Hours: Monday–Friday, 8:30 AM – 5:00 PM

Mail Requests

Written requests for court records can be sent to the Clerk of Superior Court at the mailing address above. Include the full case number or the names of parties involved, specify which documents are needed, and enclose payment for any applicable copy fees. Mail payments should be by money order or certified check — personal checks are generally not accepted.

Are Court Records Public in Burke County?

North Carolina law establishes broad public access to court records. The North Carolina Public Records Act (Chapter 132 of the General Statutes) defines public records to include documents, papers, maps, photographs, and other materials made or received in connection with government business. Court records created and maintained by the Burke County Clerk of Superior Court generally fall within this definition, and any member of the public may request access without providing a reason.

That said, several categories of records are restricted or exempt from public disclosure:

Pending arrest and search warrants — not available until executed or returned
Grand jury proceedings — protected under G.S. 15A-623(e), (f), and (g)
Court records sealed by court order or by state or federal statute
Judicial work product — a judge’s personal notes, drafts, and deliberative materials
Records in the custody of probation officers
Medical malpractice settlement details — restricted under G.S. 132-1.3(a)
Juvenile case records — confidential under North Carolina law
Adoption files — sealed from public inspection

When requesting records, be aware that the clerk’s office may redact certain personal identifiers before releasing documents. If a record you are seeking appears incomplete or unavailable, it may be subject to one of the statutory exemptions listed above. You can submit a formal public records request through the North Carolina Judicial Branch if you believe records are being improperly withheld.

Burke County Criminal Court Records

Criminal cases in Burke County are prosecuted by the District Attorney for Prosecutorial District 36 and adjudicated in both the Superior Court (felonies and serious misdemeanors) and District Court (misdemeanors, infractions, and preliminary hearings). Both courts operate out of the Burke County Courthouse.

District Attorney’s Office (Burke County)
Address: 201 South Green Street, Morganton, NC 28655
Phone: (828) 433-3210
Fax: (828) 433-3211

What Criminal Case Files Contain

A typical criminal case file in Burke County may include the charging document (indictment, information, or citation), bond records, pretrial motions, plea agreements, trial records, sentencing orders, and probation conditions.

Searching Criminal Records Online

Criminal docket information is accessible through Portal by searching a defendant’s name or case number. Docket entries, charges, hearing dates, and dispositions are generally viewable for adult criminal cases.

Certified Criminal Background Check

The Clerk of Superior Court conducts certified criminal record searches within Burke County only. This process requires:

Complete and print Form AOC-CR-314
Submit the form to the clerk’s office with a $25 fee
Payment options:
- By mail: Money order or certified check (no personal checks)
- In person: Cash, credit card, money order, or certified check

Mail requests should be sent to:

Burke County Courthouse
P.O. Box 796
Morganton, NC 28655

Note that this search covers Burke County records only. It is not a statewide search.

Statewide Criminal History Through the SBI

For a broader search, the North Carolina State Bureau of Investigation offers a statewide criminal record check. Requests require:

A written letter identifying the record subject (full name, aliases, race, SSN, date of birth, gender)
A completed fingerprint card (fingerprinting services are available from local law enforcement)
A valid photo ID
A $14 fee payable by money order or check to the NC State Bureau of Investigation

Mail to: NC State Bureau of Investigation, Criminal Information and Identification Section, Attn: Civilian Services Unit—Right to Review, P.O. Box 29500, Raleigh, NC 27626-0500

Arrest Records and the Sheriff’s Office

The Burke County Sheriff’s Office maintains arrest logs and booking records. The Sheriff’s Office also provides an online inmate inquiry tool for current detainees.

Burke County Sheriff’s Office
Address: 150 Government Drive, Morganton, NC 28655
Phone: (828) 438-5500
Email: burkesheriff@burkenc.org

Burke County Jail
Address: 130 Government Drive, Morganton, NC 28655
Phone: (828) 764-9590

Information on individuals incarcerated in the state prison system can be searched through the NC Department of Adult Correction offender search.

Expunctions

Certain criminal records in North Carolina may be eligible for expunction. If a case has been expunged, it will no longer appear in public searches. More details on eligibility and procedures are available through the Expunctions help topic on the NC Courts website.

Burke County Civil Court Records

Civil matters in Burke County are heard in Superior Court for cases involving higher monetary amounts and complex legal disputes, and in District Court for small claims and lower-value cases. The Clerk of Superior Court maintains all civil case files.

Types of Civil Cases

Civil filings processed through the Burke County courts commonly include:

Contract disputes
Personal injury claims
Landlord-tenant and eviction actions
Debt collection and garnishment proceedings
Foreclosures
Lien enforcement
Small claims (generally involving amounts up to $10,000 in North Carolina District Court)

Searching Civil Records

Civil case information can be accessed through several methods:

Method	Details
Online	Search Portal by party name, case number, or attorney
In Person	Use self-service terminals or request file access at the Clerk’s office, 201 South Green Street, Morganton, NC 28655
Phone	Call (828) 433-3200 for case status inquiries
Mail	Send a written request with case details and payment to P.O. Box 796, Morganton, NC 28655

A user manual for the civil case processing system (VCAP) is available for those who want to understand how civil case data is organized in the state’s records system.

Forms and Filing

North Carolina provides standardized court forms through the NC Judicial Branch forms library, searchable by keyword or form number. Burke County also maintains local rules and forms that may apply to certain filings. Attorneys are now required to file electronically through File & Serve in all 100 counties. Self-represented litigants can use the free Guide & File tool to prepare documents for certain case types.

Fees

Civil filing fees vary by case type and are set by the North Carolina General Assembly. Filing fees typically include a General Court of Justice fee, a facilities fee, and a telecommunications fee. Additional costs may apply for service of process by the Sheriff, motions hearings, and certified copies. Current fee charts are published by the NC Courts in the court costs documents. Individuals who cannot afford filing fees may petition to proceed as an indigent using Form AOC-G-106.

Burke County Family Court Records

Burke County operates a dedicated Family Court Administration within the District Court, designed to coordinate family-related cases and promote more consistent outcomes. Family court matters carry heightened privacy considerations, and access rules differ from those governing standard civil litigation.

Burke County Family Court
Address: 201 South Green Street, Morganton, NC 28655
Phone: (828) 433-3215
Fax: (828) 433-3291

Types of Family Court Cases

The family court division handles:

Divorce (absolute divorce and divorce from bed and board)
Equitable distribution of marital property
Child custody and visitation
Child support establishment and modification
Paternity actions
Domestic violence protective orders
Juvenile matters (abuse, neglect, dependency)
Adoptions

Accessing Divorce Records

Copies of divorce judgments can be obtained from the Clerk of Superior Court in the county where the divorce was granted. In Burke County, this means visiting or writing to the clerk’s office at the courthouse. Fees apply for copies. Divorce certificates (summary verification of a divorce) can also be ordered through North Carolina Vital Records.

Child Custody Mediation

Burke County participates in the statewide Child Custody and Visitation Mediation Program. Parents involved in custody disputes may be referred to mediation before a hearing is scheduled. The custody mediation program in Burke County can be reached at (828) 466-6114.

Domestic Violence Protective Orders

Individuals seeking protection from domestic violence may file a petition at the Burke County Courthouse. Standardized forms are available through the NC Courts forms library. There is no filing fee for domestic violence protective order petitions in North Carolina.

Confidential Records

Juvenile court records, adoption files, and certain domestic violence case details are confidential and not available for general public inspection. Sealed records require a court order for access.

Marriage Licenses and Vital Records

Marriage licenses are issued by the Burke County Register of Deeds, located at 201 South Green Street, Morganton, NC 28655. The Register of Deeds also provides access to birth and death certificates, and offers a vital records online portal where certified copies of birth, marriage, and death certificates can be ordered. An online index of recorded documents maintained by the Register of Deeds can also be used for genealogical and vital record research.

Burke County Probate Court Records

In North Carolina, the elected Clerk of Superior Court serves as the probate judge. All probate matters in Burke County — including estate administration, will contests, guardianships, and conservatorships — are handled through the Clerk’s office at the Burke County Courthouse.

What Probate Records Include

Probate case files typically contain:

The decedent’s will (once filed, a will becomes a public record)
Applications for letters testamentary or letters of administration
Preliminary inventories of estate assets
Annual accountings filed by the personal representative
Orders of distribution
Guardianship and conservatorship petitions and reports
Name change petitions processed as special proceedings

Searching Probate Records

Probate and estate case information can be searched through Portal by the decedent’s name or estate case number. Self-service terminals at the courthouse also provide access to estate records. For full copies of wills, inventories, or letters of authority, visit or write to the Clerk of Superior Court.

Filing an Estate

To open an estate in Burke County, the applicant must visit the Clerk of Superior Court and bring:

The original will (if one exists)
A certified death certificate
A completed application and preliminary inventory of the decedent’s property
A $120 filing fee

Estate-related forms — including applications for letters testamentary, affidavits for collection of personal property, and petitions for summary administration — are available on the NC Courts estate forms page. A helpful summary of the full estate administration process is published in the Decedent Estate Procedures pamphlet.

Small Estates

Not every estate requires full administration. North Carolina provides simplified procedures for smaller estates, including collection by Affidavit for Collection of Personal Property and summary administration when the surviving spouse is the sole heir or devisee.

Guardianships and Conservatorships

Guardianship cases for incapacitated adults and minors are administered through the Clerk of Superior Court. These proceedings involve petitions, investigation reports, and ongoing accountings. While the case file is generally accessible to the public, certain medical or psychological evaluations filed in support of an incompetency determination may be restricted. Current court cost schedules for estate and special proceedings cases are published in the estates court costs chart.

For questions about any probate matter in Burke County, contact the Clerk of Superior Court at (828) 433-3200 or visit the courthouse at 201 South Green Street, Morganton, NC 28655.