North Carolina Court Records

North Carolina operates a unified statewide court system that may be broadly categorized into three divisions: appellate, superior court, and district court. About two million cases are handled by the state-operated courts in North Carolina.

The appellate division of the North Carolina court system comprises the Supreme Court and the Court of Appeals. The North Carolina Supreme Court serves as the highest judicial authority in the state. It primarily reviews appeals involving constitutional matters, significant civil and criminal cases, and death penalty reviews. The North Carolina Court of Appeals functions as the intermediate appellate court. It reviews cases from lower courts to ensure proper legal procedures were followed. This court primarily handles appeals from the superior and district courts, except in cases where the Supreme Court has direct jurisdiction.

The trial courts in North Carolina comprise the superior courts and district courts. Superior courts handle serious criminal cases, including felonies, as well as civil cases involving large financial disputes. They also review appeals from district courts. In contrast, district courts oversee misdemeanor offenses, traffic violations, family law cases, and civil cases involving smaller monetary claims.

What Are the Types of Court Records In North Carolina?

The clerk in each court in North Carolina maintains the records of the court. Court records are generated as part of the judicial process in all proceedings, filings, and decisions in the cases handled by the courts. The following are the specific record types maintained by North Carolina courts:

• Supreme Court
• Opinions and Decisions: Written rulings on appealed cases.
• Case Dockets: Schedules and summaries of cases heard.
• Orders and Mandates: Official directives issued by the court.
• Petitions for Review: Requests for the court to hear an appeal.
• Attorney Disciplinary Actions: Records of attorney misconduct proceedings.
• Rules and Administrative Orders: Court rules and procedural guidelines.
• Court of Appeals
• Appellate Briefs and Opinions: Legal arguments and court rulings on appeals.
• Case Dockets: Listings of cases scheduled and heard.
• Oral Argument Transcripts: Records of spoken arguments in appeals.
• Motions and Orders: Requests and rulings on case procedures.
• Appeal Petitions and Filings: Documents submitted for appellate review.
• Superior Courts
• Felony Criminal Case Records: Documents related to serious crimes.
• Civil Litigation Records: Lawsuits involving amounts over $25,000.
• Jury Trial Transcripts: Verbatim records of court trials.
• Sentencing Orders: Final rulings in criminal cases.
• Appeals from District Courts: Cases reviewed from lower courts.
• Wills and Estate Filings: Documents related to the distribution of assets.
• Guardianship Records: Court-appointed care for minors/incapacitated adults.
• Trust Administration Records: Legal oversight of financial trusts.
• Probate Case Filings: Legal determinations on asset distribution.

• District Courts
• Misdemeanor Criminal Records: Details of lesser criminal offenses.
• Traffic Violation Records: Cases involving speeding and other infractions.
• Domestic Violence Protection Orders: Restraining orders issued in domestic cases.
• Divorce and Custody Records: Filings related to family law matters.
• Juvenile Case Records: Non-public records of cases involving minors.
• Civil Lawsuits Under $25,000: Small claims and minor disputes.
• Dependency and Child Neglect Cases: Legal proceedings involving child welfare.
• Adoption Records: Filings related to legal adoptions.
• Business Court
• Corporate Dispute Filings: Lawsuits between businesses.
• Intellectual Property Case Records: Disputes over patents and trademarks
• Contract Dispute Records: Legal issues involving business agreements.
• Securities Fraud Case Files: Financial and investment-related lawsuits.

Are North Carolina Court Records Public?

North Carolina court records are public records according to the provisions of Chapter 132 of the state's General Statutes, which are also known as the North Carolina Public Records Law. The Public Records Law establishes that public records and information compiled by state agencies are the property of the people, ensuring transparency and accessibility.

While court records in the state are generally considered public records, the Public Records Law exempts certain records from public disclosure to protect privacy and sensitive information. Examples of North Carolina public records that are exempt from public disclosure include attorney-client communications, criminal investigation records, trade secrets, certain lawsuit settlements, and sealed court records.

Court records in the state may be sealed for a few reasons. Common reasons include protecting the privacy of individuals or sensitive personal matters, preventing pretrial publicity that may impact the fairness of a trial, and keeping proprietary business information or state secrets confidential.

How Do I Search North Carolina Court Records?

North Carolina court records are available to requesters online and offline. The state provides online access to case information for courts in eCourt Counties. Using the eCourts portal, the public may perform smart searches by record number, party name, attorney name, attorney bar number, case cross-reference number, business name, or nickname. Also, the public may search court dates and hearings by party name, attorney name, case number, business name, attorney bar number, courtroom, or judicial officer.

How To Retrieve Court Records Offline

If you need a certified copy of a court record in North Carolina, you must visit the clerk of the court's office in the county where the case was heard. The clerk of a North Carolina court is the official custodian of the records of that court. For the office of the clerk to provide the record you need, you must provide sufficient information that will make the search successful. Such information includes the following:

• Case number (if known)
• Full name of the plaintiff or defendant
• Filing date or date of the court proceeding
• Type of case
• Any other information that may help narrow down the search

When you request to inspect or obtain standard copies of North Carolina court records, your request may be granted immediately or after a few hours. However, obtaining certified or exemplified copies may take up to a couple of weeks to process. Note that standard copies cost $0.25 and $0.50 per page; however, the first pages may be charged at much higher fees. Certified copies also cost additional fees, typically between $2 and $5, while exemplified copies may cost even more.

Note that case information may also be accessed offline via the public, self-service terminals at the office of the court clerk in North Carolina counties. To search for cases, users may use case number, victim's name, defendant's name, or witness's name.

Can I Seal or Expunge a North Carolina Court Record?

Typically, sealing refers to a process of restricting access to a record, while expungement refers to the deletion or destruction of a record. In North Carolina, the state only offers expunction, also called expungement. North Carolina defines expunction as a legal process that removes a criminal charge or conviction from an individual's record and destroys or seals the state's record of arrest, charge, and conviction. If your record has been expunged in North Carolina, you may legally deny that the arrest, charge, or conviction ever occurred. However, an expunction does not prevent the record from being used for federal immigration decisions.

Per North Carolina laws, the following records may be eligible for expungement in the state:

• Gang offenses
• Misdemeanor convictions
• Drug or drug paraphernalia convictions
• Nonviolent felonies
• Nonviolent felony under age 18
• Nonviolent misdemeanors
• Toxic vapors convictions
• Prostitution offenses
• Drug offenses, dismissed or defendant acquitted
• Identity theft
• Criminal charge with finding of not guilty or not responsible
• Dismissal of charges resulting from identity theft or mistaken identification
• Conviction after pardon of innocence

Note that due to the complex expunction laws in North Carolina, it is recommended that you consult with an attorney to verify that you are eligible for expungement. For instance, some states in the state allow for the expungement of multiple convictions or charges, while others do not. It is also possible for one charge in a case to be eligible for expunction while another charge in the same is not. In addition, some records require that you wait for a specific number of years before applying for expunction, while some state laws also mandate that expunction for some records may bar you from getting a future expunction under other statutes.

Upon determining that your record qualifies for expunction in North Carolina, you may file for an expungement in the following way:

• Obtain the appropriate petition forms: The state provides different forms depending on the circumstances in each case. These forms are available on the North Carolina Judicial Branch website.
• Complete the forms and gather supporting documents: Fill out the forms and gather supporting documents if applicable. Some expungement applications need additional documents, such as affidavits of good character from individuals who know you. Required documents are generally included on the instruction sheets available on the state courts website.
• File the petition: A North Carolina expunction application must be filed with the clerk of the court in the county where the petitioner was convicted or charged. Note that the expungement process varies depending on the specific statute under which a petition is filed. Each petition comes with an instruction sheet outlining the general steps to follow. However, procedures may differ slightly from one county to another. The clerk of the superior court can provide guidance on any county-specific requirements, such as obtaining a judge's signature for criminal record checks (a requirement for certain expungements) or scheduling a hearing.
• Attend a court hearing if required: In some expungement cases, a judge may hold a hearing to determine whether the petitioner demonstrates "good character." However, for certain types of expungements, such as those involving dismissed charges, the judge may make a decision based solely on a review of the applicant's record without requiring a hearing. The clerk of the court can provide information on any local procedures for scheduling a hearing if one is necessary.

Note that there is a $175 petition filing fee for expungement in North Carolina. However, some expungement statutes do not require a fee, such as the expunction of charges dismissed or resulting in a not-guilty verdict, except where the dismissal was based on a deferred prosecution agreement or the completion of a diversion program. A petitioner who cannot afford the filing fee may apply for a waiver.

How To Search Federal Court Records in North Carolina

The three federal court divisions (Eastern District, Middle District, and Western District) in North Carolina handle different types of matters from those heard in the state-operated courts. Typically, these courts handle federal law violations, bankruptcy cases, appeals from federal administrative agencies, constitutional issues, and civil cases involving federal laws.

Similar to state-operated court records, federal court records may be accessed online or offline. To access North Carolina federal records online, use the Public Access to Court Electronic Records (PACER) system. However, users must create an account on PACER to search for cases. The system provides search options such as case numbers and party names. Note that records accessed via this method cost $0.10 per page and are capped at $3 for records with more than 30 pages.

In order to access federal court records offline in the state, visit the clerk of court's office at the respective federal courthouse. There, submit a records request with details such as case number, party names, or filing date. Fees apply for printed copies and certifications.

How To Get North Carolina Court Records Online for Free?

Court records in North Carolina may be accessed online for free through the eCourts portal available on the North Carolina Judicial Branch website. Additionally, court records are available on third-party databases online. One such reliable website is peoplerecords.us, which offers access to various public records, including court cases.