Burke County Arrest Records

Arrests in Burke County, North Carolina, are done when law enforcement officers have probable cause to believe that an individual has committed a crime. This can happen by witnessing a crime, receiving a witness report, or based on evidence from an investigation. The Burke County Sheriff’s Office is the agency responsible for generating arrest records in the county. Arrested persons are held at the Burke County Jail.

Arrest records in Burke County are considered public records. If an arrested person is charged in court, the arrest record becomes part of Burke County Court Records.

Are Arrest Records Public in Burke County?

By the North Carolina Public Records Law, Burke County arrest records are part of the county’s public records. The state law allows individuals to request and obtain copies of arrest records. However, North Carolina law also makes certain types of arrest information exempt from public disclosure. This includes juvenile arrest records, records related to active criminal investigations, particular personnel records, and expunged arrest records. Also, sensitive information such as social security numbers and medical records are redacted to protect an individual’s privacy.

What Do Public Arrest Records Contain?

Public arrest records in Burke County contain the following information:

• Personal details - name, alias(es), and other personal information.
• Arrest details - time, date, and location of the arrest.
• The alleged offense(s) committed by the person.
• Booking information - booking agency, booking identifier, and mugshot.
• Court and bail information.

Burke County Arrest Statistics

The North Carolina State Bureau of Investigation (NCSBI) publishes the arrest and crime statistics report for all counties annually. It reported a total of 317 arrests, including 126 for violent crimes and 191 for property crimes, in Burke County. The violent crime-related arrests included two for murder, one for rape, eight for robbery, and 115 for aggravated assault. Property crime arrests included 56 burglaries, 125 larcenies, eight motor vehicle thefts, and two arsons.

Find Burke County Arrest Records

The Burke County Sheriff’s Office, in partnership with the City of Morganton Police Department, provides inmate information online through the Jail Inmate List. It contains a list of inmates currently in custody. It provides their name, gender, race, age, primary charge, arrest date, and booking agency.

The North Carolina Department of Adult Corrections (NDAC) is the state correctional facilities’ administrator. It provides Public Offender Information/Offender Search for incarcerated individuals in state prisons. Users may search the portal by the offender’s name, inmate ID, or other identifying information.

The Federal Bureau of Prisons (BOP) is the federal correctional facilities’ managing agency. It provides an inmate locator tool to locate individuals in federal custody. It may be searched by name or BOP number.

Free Arrest Record Search in Burke County

Inquirers may be able to access Burke County arrest records and inmate information for free on the official government website, including:

• Burke County Sheriff's Office Jail Inmate List
• NDAC Public Offender Information/Offender Search
• BOP Inmate Locator Tool

There are also third-party websites that aggregate public records, including arrest records. These platforms may offer limited access to basic arrest information for free. However, although third-party sites can provide useful information, they may not always have the most current or accurate data. It is advisable to verify any information obtained through these sites with official sources. Additionally, these services may require a subscription or charge fees for detailed records. Always review the terms of use and privacy policies when using third-party resources.

Burke County Arrest Records Vs. Criminal Records

While both arrest records and criminal records are important components of the criminal justice system, they serve different purposes and contain distinct types of information. Arrest records detail an individual’s arrest, including information about the incident that led to the arrest. Arrest records are primarily used to provide information about a specific arrest incident. They indicate that law enforcement had probable cause to detain an individual but do not necessarily imply a conviction or guilt.

Criminal records provide a comprehensive history of an individual’s criminal activity, including arrests, charges, convictions, and sentencing information. Criminal records are a complete account of an individual’s interactions with the criminal justice system over time. They are often used in employment, housing, and licensing background checks.

Generally, arrest records focus on individual incidents, whereas criminal records provide a broader overview of a person’s criminal history. Also, an arrest record does not imply a conviction, while a criminal record includes arrests and any resulting convictions or sentences.

How Long Do Arrests Stay on Your Record?

In North Carolina, arrest records generally remain on a person’s record indefinitely, regardless of whether the individual was convicted or the charges were dismissed. However, individuals may seek to have certain arrests expunged from their records under specific circumstances, such as if they were acquitted of the charges or if the charges were dismissed. The eligibility requirements for expungement vary, so it is advisable for individuals to consult with legal counsel to understand their eligibility and the process involved.

Expunge Burke County Arrest Records

Expungement is a legal process in North Carolina that allows for the removal of certain records from an individual’s criminal history, making them no longer accessible to the public. In Burke County, this process effectively seals eligible records, ensuring they are not visible during background checks.

A person may qualify for expungement in Burke County under the following circumstances:

• If someone was arrested and the charges were later dropped, or they were found not guilty.
• Individuals convicted of a non-violent misdemeanor or felony offense for the first time.
• Certain crimes committed by minors.
• Non-violent misdemeanors or felonies (after a waiting period, provided there are no subsequent convictions).

The process of expungement in Burke County involves:

• Visit the Burke County Clerk of Court or contact the North Carolina Administrative Office of the Courts for the Petition and Order of Expunction form.
• Fill out the petition, including details about the arrest, charges, and the case outcome for which expungement is sought.
• Gather relevant documentation, such as court orders, notices of dismissal, or proof of a not-guilty verdict, to support your expungement request.
• File the completed petition and the supporting documents at the Burke County Clerk of Court office.
• You must pay a filing fee, although this can be waived if financial hardship can be demonstrated.
• Ensure copies of the petition are provided to the relevant authorities, such as the Burke County District Attorney’s Office and the arresting law enforcement agency.
• In some cases, the court may schedule a hearing to review your expungement petition. It’s advisable to have legal representation during this hearing.
• If the court grants your expungement, the records will be sealed, meaning they will no longer appear on background checks or be accessible to the public.

Burke County Arrest Warrants

Arrest warrants are legal documents issued by a judge authorizing law enforcement officers to apprehend a specific individual. In Burke County, an arrest warrant is typically issued after law enforcement officers submit an affidavit or sworn statement to the court. This document outlines the evidence or circumstances that suggest the individual has committed a crime. The judge reviews the information presented and decides whether sufficient probable cause exists to issue the warrant. If approved, the warrant is signed and becomes a legal document that permits law enforcement to arrest the individual.

An arrest warrant generally includes the following information:

• The full name of the person to be arrested.
• Any physical descriptions or identifiers of the person to be arrested.
• A description of the charges or offenses the individual is accused of committing.
• The date when the warrant was issued.
• The name of the judge who issued the warrant.
• Signature of the issuing judge.

Do Burke County Arrest Warrants Expire?

In Burke County, arrest warrants do not expire. Once an arrest warrant is issued, it remains valid until it is executed (the individual is arrested) or until it is formally recalled or quashed by the issuing authority (such as a judge). As long as the warrant is valid, the law enforcement agency that is issued the warrant may enforce it at any time.