Burke County Public Records

What Are Public Records in Burke County?

Public records in Burke County are defined according to the North Carolina Public Records Law § 132-1, which states that public records include "all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions."

Burke County maintains a comprehensive collection of public records that are available to citizens and interested parties. These records include:

Court Records: Civil, criminal, traffic, probate, and family court records are maintained by the Burke County Clerk of Superior Court. These include case files, judgments, orders, and dockets.
Property Records: Deeds, mortgages, liens, plats, and property assessments are maintained by the Burke County Register of Deeds office. These documents provide a historical record of property ownership and transactions within the county.
Vital Records: Birth certificates, death certificates, marriage licenses, and divorce decrees. While the Register of Deeds maintains marriage licenses and birth/death records from 1913 or earlier, more recent vital records are typically obtained through the North Carolina Vital Records Office.
Business Records: Business licenses, permits, and fictitious business name registrations (also known as "doing business as" or DBA filings) are available through the Register of Deeds and other county departments.
Tax Records: Property tax information, assessment records, and tax maps are maintained by the Burke County Tax Office.
Voting and Election Records: Voter registration information and election results are maintained by the Burke County Board of Elections.
Meeting Minutes and Agendas: Records of county commission meetings, board proceedings, and other governmental bodies are maintained by the Burke County Clerk to the Board.
Budget and Financial Documents: County financial records, budgets, expenditures, and audit reports are available through the Burke County Finance Department.
Law Enforcement Records: Certain police reports, arrest logs, and incident reports that are not part of active investigations may be available through the Burke County Sheriff's Office.
Land Use and Zoning Records: Building permits, zoning applications, and land use plans are maintained by the Burke County Planning and Development Department.

The Burke County Register of Deeds office serves as the primary custodian for many of these records, while court-related documents are maintained by the Burke County Courthouse.

Is Burke County an Open Records County?

Burke County adheres to North Carolina's open records laws as established under the North Carolina Public Records Act § 132-1. This statute establishes that public records shall be "the property of the people" and that the public has the right to inspect or obtain copies of these records unless specifically exempted by law.

The law specifically states: "The public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people. Therefore, it is the policy of this State that the people may obtain copies of their public records and public information free or at minimal cost unless otherwise specifically provided by law."

Burke County complies with these provisions and has established procedures for responding to public records requests in accordance with state law. The county also adheres to North Carolina's Open Meetings Law (§ 143-318.9 through § 143-318.18), which requires that official meetings of public bodies be open to the public with limited exceptions.

While Burke County does not have a separate county-specific public records ordinance that supersedes state law, individual departments may have specific policies regarding the request and retrieval process for records under their purview. These departmental policies must comply with the state's public records law and cannot restrict access beyond what is permitted by state statute.

The county's commitment to transparency is reflected in its compliance with these state laws, which are designed to ensure that government activities remain open and accessible to the public.

How to Find Public Records in Burke County in 2026

Members of the public seeking records in Burke County may follow these procedures to locate and obtain the information they need:

Identify the Appropriate Department: Determine which county department maintains the records you seek. For court records, contact the Burke County Clerk of Superior Court; for property records, contact the Register of Deeds; for tax information, contact the Tax Office.
Submit a Request: Requests may be submitted in person, by mail, or in some cases, electronically. While not all departments accept electronic submissions, many county offices are currently expanding their digital services.
For Court Records: Visit the Burke County Courthouse or use the North Carolina Judicial Branch's online court records portal to search for case information. Criminal and civil court records can be accessed through this system.
For Property Records: The Burke County Register of Deeds maintains land records, including deeds, mortgages, and liens. Many of these records are available through the county's online records search portal, though some historical documents may only be available in person.
For Vital Records: Marriage licenses from 1868 to present and birth/death records from 1913 or earlier can be obtained from the Register of Deeds. More recent birth and death certificates must be requested from the North Carolina Vital Records Office.
Complete Required Forms: Some record requests require specific forms. For example, court record requests may require a "Request for Copy of Court Records" form, while vital records requests require specific application forms.
Provide Identification When Required: Certain records, particularly vital records and some court documents, require proper identification to access. Be prepared to show a government-issued photo ID when requesting these records.
Pay Applicable Fees: Most record requests involve fees for copies or certification. Be prepared to pay these fees at the time of your request.
For Historical Records: Burke County historical records dating back to the county's formation may be available through the North Carolina State Archives, which maintains collections of county records that have been transferred from local custody.
Submit Public Records Requests: For records not readily available through standard channels, submit a formal public records request to the specific department or to the county manager's office. While not required by law, putting requests in writing helps ensure they are properly tracked and fulfilled.

Currently, Burke County is expanding its digital access to public records, with more documents becoming available online each year. However, some records, particularly older documents or those with special handling requirements, may still require in-person visits.

How Much Does It Cost to Get Public Records in Burke County?

Burke County assesses fees for public records in accordance with North Carolina General Statute § 132-6.2, which permits agencies to charge only the "actual cost" of reproduction. The current fee structure for public records in Burke County is as follows:

Standard Paper Copies: $0.25 per page for black and white copies (8.5" x 11" or 8.5" x 14")
Color Copies: $0.50 per page
Large Format Documents (maps, plats, etc.): $3.00 to $10.00 per sheet, depending on size
Digital Copies (when records are already in electronic format): No charge if provided via email; $5.00 if provided on CD/DVD (requestor may provide their own storage device)
Certified Copies: Additional $5.00 per document for certification

Specific record types have statutorily established fees:

Marriage Licenses: $60.00 for issuance; $10.00 for certified copies
Birth/Death Certificates: $10.00 for first copy, $5.00 for each additional copy requested at the same time
Deed Recordings: $26.00 for first page, $4.00 for each additional page
Court Records: $2.00-$10.00 depending on document type and certification requirements

The county accepts the following payment methods:

Cash (in-person only)
Personal checks (with proper identification)
Money orders
Credit/debit cards (subject to a processing fee of approximately 2.5%)

Special service fees may apply for:

Extensive use of information technology resources or extensive clerical/supervisory assistance (when request requires more than 30 minutes of staff time)
Special computer programming required to extract requested information
Expedited service (when available)

Fee waivers or reductions may be available in certain circumstances, particularly for requests that serve the public interest or for individuals demonstrating financial hardship. Such determinations are made on a case-by-case basis by the custodian of records.

It is advisable to inquire about specific fees when making a request, as fees are subject to periodic adjustment by the Burke County Board of Commissioners.

Does Burke County Have Free Public Records?

Burke County provides free access to certain public records in accordance with North Carolina law. The following records are available for free inspection:

In-Person Inspection: Pursuant to § 132-6(a) of the North Carolina General Statutes, any person has the right to inspect public records during regular business hours at no charge. While copying fees may apply, viewing the records in person is free.
Online Access: Burke County provides free online access to several record types through various departmental websites:
- Property tax records and parcel information through the Burke County Tax Office website
- Meeting agendas and minutes for the County Commission and various boards
- County budgets and financial reports
- Voter registration verification through the Burke County Board of Elections
Court Records: Basic case information can be accessed for free through the North Carolina Judicial Branch's online portal, though fees may apply for obtaining copies of actual documents.
Public Notices: Legal notices, upcoming meetings, and public hearings are posted on the county website at no cost.
County Ordinances and Regulations: The Burke County Code of Ordinances is available for free online viewing.

The following government agencies provide free access to certain records:

Burke County Register of Deeds
201 South Green Street, Suite 202
Morganton, NC 28655
828-764-9340
Burke County Register of Deeds

Burke County Clerk of Superior Court
201 South Green Street
Morganton, NC 28655
828-433-3200
Burke County Clerk of Court

Burke County Tax Office
110 North Green Street
Morganton, NC 28655
828-764-9430
Burke County Tax Office

While these resources are available without charge, it is important to note that fees may still apply for copies, certified documents, or records requiring extensive staff time to compile or redact.

Who Can Request Public Records in Burke County?

Under North Carolina's Public Records Law § 132-6, any person has the legal right to request and obtain public records in Burke County. The statute specifically states that "any person" may request access to public records, with no distinction based on:

Citizenship or residency status
Age (though minors may face practical limitations)
Purpose or motivation for the request
Intended use of the records

Key points regarding eligibility to request public records in Burke County include:

Identification Requirements: While requestors are not generally required to provide identification to make a request, certain records may require verification of identity before release. These typically include:
- Records containing confidential information where the requestor is the subject of the record
- Vital records such as birth certificates, where state law requires identification
- Court records that have restricted access
No Purpose Statement Required: Requestors are not legally required to state the purpose of their request or how they intend to use the information for most public records. The law specifically states that "no person requesting to inspect and examine public records, or to obtain copies thereof, shall be required to disclose the purpose or motive for the request."
Business Entities: Corporations, organizations, and other business entities may request public records through authorized representatives.
Attorneys and Legal Representatives: Attorneys may request records on behalf of clients with proper authorization.
Media Representatives: Journalists and media organizations have the same rights of access as any other person under the law.
Incarcerated Individuals: Persons who are incarcerated retain the right to request public records, though practical limitations may exist regarding how requests are submitted and records delivered.

For requests involving sensitive or protected information, such as certain law enforcement records or records containing personal identifying information, the requestor may need to demonstrate a specific legal right to access those records. This might include showing that they are the subject of the record or have legal authorization from the subject.

Burke County government officials are required to provide access to public records regardless of the requestor's identity or purpose, except where specific statutory exemptions apply.

What Records Are Confidential in Burke County?

While Burke County strives to provide access to public records, certain categories of information are protected from disclosure under North Carolina law. Pursuant to various provisions in the North Carolina General Statutes § 132-1.1 through § 132-1.10, the following records are considered confidential and exempt from public disclosure:

Personnel Records: Employee personnel files, including hiring information, performance evaluations, and disciplinary actions, are confidential under § 160A-168 (for municipalities) and § 153A-98 (for counties). Limited information such as name, age, date of employment, current position, and salary is public.
Criminal Investigation Records: Active law enforcement investigations, intelligence information, and records that would reveal confidential informants or investigative techniques are protected under § 132-1.4.
Juvenile Records: Court records and law enforcement records concerning minors are confidential under § 7B-3000 and § 7B-3001, with limited exceptions for certain agencies and individuals.
Social Services Records: Child welfare records, adult protective services records, and public assistance records are confidential under § 108A-80.
Medical Records: Health records maintained by county agencies, including emergency medical services records containing patient information, are protected under both state law and HIPAA.
Tax Information: Individual tax information that contains personal financial data is confidential under § 132-1.1(b), though property tax assessments and payments are public.
Attorney-Client Communications: Legal advice and communications between county attorneys and county officials are protected under § 132-1.1(a).
Trade Secrets: Proprietary business information and trade secrets submitted to the county are protected under § 132-1.2.
Competitive Bid Information: Sealed bids prior to bid opening and certain bid information that would undermine the competitive bidding process are temporarily confidential.
Personal Identifying Information: Social Security numbers, drivers license numbers, bank account information, and other personal identifying information are protected under § 132-1.10.
Certain Utility Customer Information: Customer usage data and billing information for county-operated utilities may be protected.
Economic Development Records: Records related to industrial recruitment and expansion where public disclosure would frustrate the purpose of negotiations may be temporarily confidential under § 132-6(d).
Security Records: Building plans, infrastructure details, security procedures, and emergency response plans that could jeopardize public safety if disclosed are protected under § 132-1.7.
Certain Election Records: Individual voted ballots are confidential, though election results and voter registration information (excluding Social Security numbers and birth dates) are public.

When a record contains both public and confidential information, Burke County officials will redact the confidential portions and provide access to the remainder of the record. The county applies a balancing test in certain cases where disclosure might substantially harm an individual's privacy interests against the public interest in disclosure.

Burke County Recorder's Office: Contact Information and Hours

Burke County Register of Deeds
201 South Green Street, Suite 202
Morganton, NC 28655
828-764-9340
Burke County Register of Deeds

Hours of Operation:
Monday through Friday: 8:30 AM to 5:00 PM
Closed on weekends and county-observed holidays

The Burke County Register of Deeds serves as the official recorder and custodian of vital records and land transactions for the county. This office maintains and provides access to:

Real estate records (deeds, mortgages, liens, plats)
Marriage licenses and certificates (from 1868 to present)
Birth and death certificates (from 1913 or earlier)
Military discharge records (DD-214)
Assumed business names/DBA filings
Notary public commissions

Additional county offices that maintain public records include:

Burke County Clerk of Superior Court
201 South Green Street
Morganton, NC 28655
828-433-3200
Burke County Clerk of Court

Hours of Operation:
Monday through Friday: 8:30 AM to 5:00 PM
Closed on weekends and state-observed holidays

Burke County Tax Office
110 North Green Street
Morganton, NC 28655
828-764-9430
Burke County Tax Office

Hours of Operation:
Monday through Friday: 8:00 AM to 5:00 PM
Closed on weekends and county-observed holidays

Burke County Administration
200 Avery Avenue
Morganton, NC 28655
828-764-9350
Burke County Government

Hours of Operation:
Monday through Friday: 8:00 AM to 5:00 PM
Closed on weekends and county-observed holidays

Visitors seeking public records are advised to call ahead to confirm availability of specific records and any special requirements for access. Some records may require advance notice to retrieve from storage or to prepare for public inspection.

Lookup Public Records in Burke County

Court Records | North Carolina Judicial Branch

Burke County Judicial Services

Burke County Courthouse Information

Historical Burke County Records