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Buncombe County Court Records

The term "court records" in Buncombe County, North Carolina, covers all documentary materials generated during legal proceedings commenced within the region. The Buncombe County Superior Court Clerk’s Office is the primary custodian of these records, which often include pleadings, motions, orders, judgments, and exhibits.

Court records are vital for the judiciary, promoting transparency and accountability to the public. Beyond this, these records are valuable for background investigations and help preserve legal precedents for future use. Interestingly, court records frequently incorporate public records from other agencies that were submitted as part of legal proceedings. These may include land records, arrest reports, statewide criminal history information, and financial records.

Are Buncombe County Court Records Public?

Yes. Under the North Carolina Public Records Law (Chapter 132 of the NC General Statutes), court records in Buncombe County are widely accessible to members of the public. This means anyone can examine or copy such records without having to prove their identity or citizenship.

However, the law exempts information deemed confidential by law or court order from public disclosure. Examples include sealed court records, juvenile case records, complete Social Security numbers, and involuntary hospitalization documents.

What Information is Available in Buncombe County Court Records?

Buncombe County court files include a wide range of records and information generated during court cases. Generally, the type of documents or information available varies depending on the case. However, one may find the following in a court file:

  • Dockets
  • Exhibits
  • Plea bargains
  • Motions
  • Warrants
  • Orders
  • Judgments
  • Summonses
  • Complaints
  • Receipts
  • Affidavits
  • Notices (e.g., notices of appeal)

Buncombe County Court Records Search

Obtaining court records in Buncombe County is often simpler than in counties with multiple courts, as there is only one official custodian for these records: the Buncombe County Superior Court Clerk’s Office. This office provides the following methods for access:

  • Online Access: The eCourts portal maintained by the North Carolina Judiciary is the primary interface for free, public access to court records across the state, including those in Buncombe County.

The portal is accessible by party name or case number. However, users can only view summary information from a specific case; case documents are accessible from the Clerk’s Office.

  • In-Person Access: Self-service terminals are available at the Buncombe County courthouse for researching legal cases by defendant name, case number, or witness/victim name. Such terminals are free to use.

Parties who require copies made of their desired records can approach the Clerk’s Office within the courthouse. Charges may apply to retrieve copies.

Older court records may be available through the North Carolina State Archives.

  • Mail and Phone Requests: The foremost methods used for obtaining court records in Buncombe are in-person and online. Those curious about mail-in procedures for obtaining Buncombe County court records can contact the local Superior Court Clerk’s Office at (828) 259-3400. The Clerk can also advise on the ability to submit phone requests for court records.

Fees for Court Records in Buncombe County

North Carolina’s legislature allows clerks of court to charge certain fees to release copies of records in their custody. These statutory fees are thus:

  • Regular Copies: $2 for the first page, and 25 cents for each subsequent page
  • Certified Copies: $3
  • Exemplified Copies: $10

Accessing court records through the eCourts database or at self-service courthouse computers is entirely free.

It should be noted that the Buncombe County Superior Court Clerk’s Office does not maintain vital records (birth, death, and marriage certificates). For such records, the official point of contact is the local Register of Deeds Office. Each certified record costs $10, and each non-certified record costs 25 cents.

Buncombe County Courthouse Locations

Buncombe County maintains a two-tiered judicial system to handle all local legal cases, comprising the Superior Court and the District Court. The Superior Court is responsible for serious legal matters, including all felony criminal cases and civil claims exceeding $25,000. In contrast, the District Court manages a broader range of cases, including civil, criminal, juvenile, and magistrate issues. Both courts are located at the same courthouse:

Buncombe County Courthouse

60 Court Plaza

Asheville, NC 28801

Phone: (828) 259-3400

Criminal Records Access in Buncombe County

Criminal records are a matter of public record in North Carolina. As a result, the public can check Buncombe County criminal records through various criminal justice agencies.

Criminal Records Access Through the Court System

For example, the Buncombe County court system provides certified criminal record checks to the public for a fee of $25. Individuals have the following methods to request a record check:

  • In-Person: Visit the Superior Court Clerk’s Office at the Buncombe County Courthouse, 1st floor, during regular business hours.
  • By Mail (Using Form): Mail the completed Form AOC-CR-314 to the following address:

Clerk of Superior Court

Attn: Criminal Division

60 Court Plaza

Asheville, NC 28801

  • By Mail (Using Letter): Draft a letter that includes the full name (first, last, and middle initial, if known) and date of birth of the person being searched.

All mail requests must enclose a self-addressed, stamped envelope for the return of copies. The $25 fee is payable by certified check or money order to the Clerk of Superior Court.

Criminal Records Access Through the North Carolina State Bureau of Investigation (NCSBI)

The NCSBI serves as the state’s central repository for criminal information, encompassing arrest and conviction records from all North Carolina counties. Access to background checks through the NCSBI is generally restricted to the following:

Nonetheless, the NCSBI lists methods for obtaining criminal background checks on other individuals.

Buncombe County Probate Records

G.S. §§ 7A-241 and 7A-246 describe the probate jurisdiction of the Buncombe County probate court to include probate of wills, the administration of decedents’ estates, and guardianships for incompetent persons or minors. These cases are heard in the Buncombe County Superior Court’s Estates Division.

Specifically, the Clerk of Superior Court serves as the local Probate Court and handles all probate matters. The Clerk is also the official custodian of Buncombe County probate records. Requests can be made to this office for record inspection or duplication. Moreover, the public has remote access to the North Carolina Judicial Branch’s eCourts portal to view probate case information. Note that certain probate case information/documents are made unavailable to the public by law.

Individuals can also order earlier Buncombe County wills and estate records from the North Carolina State Archives.

Buncombe County Family Court Records

The Buncombe County District Court holds legal authority over family law matters, pursuant to G.S. § 7A-244. The court’s jurisdiction encompasses a range of cases, including divorce, annulment, child custody, child support, alimony, equitable distribution of property, and enforcement of spousal separation or property settlement agreements. Case records retained by the family court are referred to as the family court records.

Accessing family court records in Buncombe County follows the same procedures as for other court records. Members of the public can access all open family court records, but access to confidential records is limited to legally authorized persons. A requester can either choose to view family court records remotely through the North Carolina Judicial Branch’s eCourts portal or contact/visit the Buncombe County Superior Court Clerk’s Office. The Clerk’s Office can assist with record reviews or reproduction. Fees, previously highlighted, apply for the Clerk’s copy services.

Federal Court Records in Buncombe County

Federal case jurisdiction in Buncombe County is exercised by the United States District Court, Western District of North Carolina, specifically its Asheville branch at 100 Otis Street, Room 309, Asheville, NC 28801.

Members of the public seeking records of legal proceedings tried in the court can access the Public Access to Court Electronic Records (PACER) service. PACER enables general review of case and docket information from federal bankruptcy, district, and appellate courts.

Other methods for viewing federal court records in Buncombe include

  • Visiting the courthouse during regular operating hours to use public computers for free case review.
  • Approaching the clerk’s office at the federal courthouse to make copies of records (see relevant fees)
  • Calling the Multi-Court Voice Case Information System (McVCIS) : McVCIS dials the U.S. District Court’s computer and speaks certain case information to the caller, such as the names of the case parties, case number, presiding judge, and attorney(s) of record.
Buncombe County Court