North Carolina Court Records Search

North Carolina Court Records & Case Lookup

The North Carolina Judicial Branch sees over 2 million case filings and disposes of at least 2.2 million legal cases every year. In most years, criminal cases constitute the highest number of cases filed, usually over 1.2 million cases (58.1%). Others include about 543,000 civil matters and about 324,000 infraction cases. Similarly, the state's judicial branch disposes of over 97,000 criminal cases, 26,000 infraction suits, and 41,000 civil matters. Typically, over 1 million cases are left pending in each fiscal year.

North Carolina favors public access to records generated by public agencies, including courts. Per Chapter 132 of the state's General Statutes, records generated in connection with the transaction of public business are considered public records unless exempt from public disclosure by law. Similarly, according to Section 7A-109(a) of the North Carolina General Statutes, records maintained by the clerk of courts are public unless specifically prohibited from disclosure by law.

Generally, interested people can look up court records and cases online in North Carolina using the state's authorized portal or online databases maintained by some county courts. Access to court records is also possible through self-service terminals at the clerk of courts' offices in some counties.

State of North Carolina Court System

The North Carolina court system is one unified statewide system consisting of three separate divisions, namely the Appellate, Superior Court, and District Court Divisions. There are no local court systems within the state. The appellate division of the North Carolina court system comprises the Supreme Court and the Court of Appeals.

The Supreme Court is North Carolina's highest court. Decisions made by this court on matters of state law cannot be appealed further. Reviews of proceedings done in the state's trial courts are reviewed for errors of legal procedure and law by the Court of Appeals, the state's intermediate appellate court.

In North Carolina, there are five divisions and 48 districts of the Superior Court. Similarly, the state's District Courts are divided into 41 districts and sit in the administrative center of each county. While court decisions at the trial courts can generally be appealed to the appellate courts, only convictions imposing death sentences in cases of first-degree murder may be appealed to the Supreme Court.

North Carolina Trial Courts

The trial courts in North Carolina are a two-tiered structure consisting primarily of the Superior Courts and the District Court. While the Supreme Court is the general jurisdiction court, the District Court is a trial court of limited jurisdiction.

Superior Courts in North Carolina

In North Carolina, Superior Courts are considered the state's oldest courts, and they hear criminal and civil cases. Generally, they handle civil matters involving more than $25,000 and all felony criminal cases. They also hear infractions and misdemeanor appeals from the state's District Courts.

Furthermore, the North Carolina Superior Court runs a specialized forum called the Business Court. This court handles suits involving complex and notable issues of commercial and corporate law. The state's Business Courts operate in Greensboro, Winston-Salem, Charlotte, and Raleigh.

District Courts in North Carolina

North Carolina District Courts handle cases involving criminal, civil, magistrate, and juvenile matters. Generally, the court hears civil cases relating to divorce, child support, child custody, and other civil cases involving amounts less than $25,000. In addition, it handles criminal cases involving infractions (non-jury) and misdemeanors.

In juvenile matters, the District Courts in North Carolina handle matters involving individuals under 16 years for cases relating to delinquency issues. In addition, the court has the authority to handle juvenile undisciplined matters for persons younger than 18 years and considers neglect, abuse, and dependency cases involving children under the age of 18 years.

Under the North Carolina District Court, the magistrate is authorized to try certain criminal and civil cases. In criminal matters, the magistrate is empowered to issue warrants for arrest, accept waivers for trial in some worthless check cases, accept guilty pleas for infractions and misdemeanors, and set bail. Similarly, in civil suits, the magistrate has the authority to try landlord eviction cases, small claims cases (not exceeding $10,000), and lawsuits for personal property recovery.

What are the Specialty Courts in North Carolina?

North Carolina specialty courts are known as recovery courts and are specifically designed to help chemically dependent offenders with their treatment plans as ordered by the court. Generally, these courts serve veterans and other individuals with mental issues who find themselves in court. In addition, they assist chemically dependent persons in juvenile, and adult criminal court, dependency, neglect, and abuse cases.

The specialty courts in North Carolina include the following:

• Family Drug Treatment Court - This recovery court works with parents (or guardians) who are about to lose custody of their children as a result of neglect or drug abuse charges.
• Adult Drug Treatment Court - This court helps offenders who are drug and/or alcohol addicts receive treatment to become healthy and better individuals in the community.
• Mental Health Court - This court facilitates cooperation between the court, mental health service providers, and the state mental health system to ensure the provision of mental health services to repeat adult offenders who need such services.
• DWI Treatment Court - The driving while impaired court assists alcohol or drug-dependent offenders to have a change of behavior after being arrested for a DWI offense.
• Veterans Treatment Court - This court primarily helps veterans involved in the state's justice system due to substance use, trauma, and mental health disorders.
• Youth Drug Treatment Court - This court specifically handles juvenile delinquency cases and status offenses that involve youths who use prohibited substances.

North Carolina State Court Records vs. Federal Court Records

The most distinguishing difference between North Carolina court records and federal courts within the state is how they are generated and maintained. Generally, while state court records are created by each court under the North Carolina judicial branch, federal court records are records of proceedings in the federal courts operating within the state.

North Carolina court records are largely formed from the varying civil and criminal cases filed at and/or heard by the state's Superior and District Courts. On the other hand, federal court records in North Carolina include documents and information generated by federal courts for cases involving the constitutionality of U.S. laws. Similarly, records gathered from cases of bankruptcy, admiralty law, and matters involving public ministers and ambassadors make up federal court records in North Carolina and are largely maintained by the following courts:

• The United States District Court for the Western District of North Carolina
• The United States District Court for the Middle District of North Carolina
• The United States District Court for the Eastern District of North Carolina

Most federal court records, including those generated and maintained by the federal courts in North Carolina, may be accessed through the Public Access to Court Electronic Records (PACER). Among other things, PACER permits the search for a federal court case by specific court and national index. On the contrary, North Carolina state court records are generally maintained by the clerks of courts under the state's judicial system. Interested persons may look up such records by visiting the clerks of courts' offices and using the state-approved online court record database.

What Are Public and Non-Public Court Records in North Carolina?

Public court records in North Carolina are court documents and information that are publicly available to anyone and may be used for several purposes, except for commercial purposes of any nature. On the other hand, some court records in the state cannot be publicly disclosed because they are deemed sensitive or confidential either by court order or law. These are known as non-public court records in North Carolina and may only be accessed by authorized persons.

How To Seal or Expunge North Carolina Court Records

In North Carolina, expungement, otherwise called expunction, is a legal process that allows a person to remove a criminal charge or a criminal conviction from their court record. This process also seals or destroys the person's records of arrest, charge, and/or conviction. Besides the expungement of adult criminal charges and convictions, North Carolina also permits the expunction of certain juvenile delinquency records.

While some expungement statutes in North Carolina allow the expunction of only specific offense types, others permit the expungement of a wider range of offenses, however, for a smaller group of offenders. Per Section 15A of the North Carolina General Statutes, the following are some types of cases eligible for expunction in the state:

• Misdemeanor convictions
• Non-violent misdemeanors
• Non-violent felonies
• Dismissal of charges resulting from mistaken identification of identity theft
• GangOffenses
• Drug or drug paraphernalia convictions
• Conviction after the pardon of innocence
• Identity theft - not guilty dismissal or charge set aside by court
• Prostitution offenses
• Toxic vapors convictions
• Non-violent felony under 18 years
• Drug offenses - dismissed or defendant acquitted

In some situations, a person may petition the court for criminal record expungement almost immediately after their case is over. This is especially true for cases in which all charges are dismissed. However, some cases have waiting periods (the number of required years to wait after completing a sentence before filing an expunction petition). The statute for each eligible case for expunction in North Carolina outlines the conditions that must be met and the waiting periods.

Steps Required to File For a Criminal Court Record Expungement in North Carolina

To file for a criminal record expunction in North Carolina, an eligible person must first find the relevant and required expunction forms based on the expungement type. To avoid unnecessary delay, it is essential to use the petition applicable to the general statute on which the petitioner seeks expunction. Additional documents may also be required. These are typically listed in the instruction sheets of those forms.

Generally, the expungement process includes multiple steps involving the arresting agency and the state's court system. Before filing an expungement petition in North Carolina, it may be helpful for the petitioner to obtain a copy of their criminal history record from the State Bureau of Investigation (SBI).

After obtaining the criminal history record from the SBI, the petitioner can file the appropriate and accurately completed petition form in the Superior Court located in the county where the arrest that led to the criminal record occurred. The petition form should include court details, personal information, charges, dispositions, and docket numbers. While a few expungement statutes in North Carolina do not require a fee, a $175 filing fee generally applies for most expunction petitions.

After filing an expunction petition in North Carolina, in most cases, the judge will hold a hearing to determine if the petitioner has good character. A petition to expunge dismissed charges does not generally require a hearing. While the process may take several months, once a judge signs an expungement order, the clerk of the court will provide the petitioner with a copy of that order. Additionally, the clerk will transmit the order to all government agencies listed in the petition to expunge such records.

How Do You Access State of North Carolina Court Records?

North Carolina court records may generally be accessed from the courts in which such cases were filed or heard. Each trial court in the state maintains its records and makes them accessible to the public unless specifically limited from public disclosure. Some court records may also be accessed online through approved electronic portals.

Online Access to North Carolina Court Records

Interested persons may look up North Carolina court records and hearings online using the eCourts Portal managed by the state's Judicial Branch. The Smart Search tab allows North Carolina court records searches by name, attorney, and case number. Currently, the eCourts Portal is only available and live in 49 counties, while 13 more will go live by February 2025. Similarly, some counties maintain locally-run online repositories that allow public access to certain court records in their custody.

In-Person Access to State of North Carolina Court Records

Paper files for North Carolina court records may be accessed in person by visiting the clerk of court's office in the county where the case was heard and the record is located. Generally, requesters will be required to complete a form provided by the clerk's office or a written request containing information that can facilitate the search. In most cases, such information will include the case number and the names of individuals involved in the case. Copies of court records are usually made available for a fee.

Furthermore, interested persons may access North Carolina court records through the public, self-service terminals located at the clerk of court's office in most counties. The terminals allow North Carolina court cases and records searches by case numbers and names.

How To Request Judicial Administrative Records

There are a few ways to request judicial administrative records in North Carolina, including the following:

• Completing and submitting the North Carolina Judicial Branch Public Records Request Form
• Completing and submitting the North Carolina Department of Administration (NCDOA) Online Public Records Request Form

• Submitting a written request (should specify details of the administrative record being sought) in person or by mail to the DOA at:

  North Carolina Department of Administration

  1301 Mail Service Center

  Raleigh, NC 27699-1301

• Contacting the clerk of the court whose judicial administrative records are being sought

How To Access Older and Archived Court Records in North Carolina

To access North Carolina's older court records, it is best to contact the clerk of court in the county where the case was filed or heard. Generally, the clerk of the court will advise on how to make such requests and will guide the requester through the process. Where such records are not available in the custody of the clerk of court, the clerk may advise checking the state's archives.

The State Archives of North Carolina houses many government records, including court records. Hence, interested persons may search archived court records in the state by submitting a written request in person or by mail to the state's archive at: