Buncombe County Court Records
What Is Buncombe County Court Records
Court records in Buncombe County encompass all official documentation generated during legal proceedings within the county's court system. These records constitute a comprehensive repository of judicial activities as defined under North Carolina General Statutes § 7A-109, which mandates the maintenance and accessibility of court records.
Buncombe County court records typically include:
- Case files containing pleadings, motions, and supporting documentation
- Court dockets listing scheduled hearings and proceedings
- Judicial orders and final judgments
- Transcripts of court proceedings
- Evidence and exhibits admitted during trials
- Sentencing records and probation terms
- Marriage licenses and divorce decrees
- Probate records including wills and estate administration
These records are distinct from other public records maintained by Buncombe County, such as property records (deeds, mortgages, liens), vital records (birth and death certificates), and tax records, which are typically maintained by separate county departments.
The Buncombe County court system includes several courts that generate and maintain records:
- Superior Court (felony criminal cases, civil cases over $25,000)
- District Court (misdemeanors, civil cases under $25,000, family law)
- Small Claims Court (civil disputes under $10,000)
- Probate Court (wills, estates, guardianships)
- Juvenile Court (cases involving minors)
Each court maintains records according to its jurisdiction, which may include civil, criminal, family, probate, and traffic matters. The Clerk of Superior Court serves as the official custodian of these records pursuant to North Carolina law.
Are Court Records Public In Buncombe County
Court records in Buncombe County are generally accessible to the public in accordance with North Carolina's Public Records Law (N.C.G.S. § 132-1) and the constitutional principle of open courts established in Article I, Section 18 of the North Carolina Constitution.
The following court records are typically available for public inspection:
- Civil case files (complaints, answers, motions, judgments)
- Criminal case files after formal charging
- Court dockets and calendars
- Final judgments and orders
- Marriage and divorce records
- Probate records including wills and estate inventories
However, certain records may be restricted or sealed by statute or judicial order, including:
- Juvenile proceedings (N.C.G.S. § 7B-2901)
- Adoption records
- Mental health commitment proceedings
- Certain domestic violence cases
- Records sealed by judicial order to protect privacy or safety
- Grand jury proceedings and materials
- Pre-sentence investigation reports
Access to court records in Buncombe County is governed by the North Carolina Administrative Office of the Courts policies and procedures, which implement state law regarding public access. These policies balance the public's right to information with individual privacy concerns and the efficient administration of justice.
It is important to note that federal court records for cases heard in the U.S. District Court for the Western District of North Carolina (which includes Buncombe County) are governed by federal access rules rather than state law, and are accessible through the federal PACER system.
How To Find Court Records in Buncombe County in 2026
Members of the public seeking court records in Buncombe County may utilize several methods to locate and access these documents. The following procedures are currently in effect for obtaining court records:
In-Person Requests:
- Visit the Buncombe County Clerk of Superior Court office located at:
Buncombe County Courthouse
60 Court Plaza
Asheville, NC 28801
828-259-3400
Clerk of Superior Court
- Complete a records request form, available at the clerk's office
- Provide specific case information (names, case numbers, date ranges)
- Present valid identification
- Pay applicable copy fees ($0.25 per page for standard copies)
Online Access:
- Navigate to the North Carolina Judicial Branch website
- Select the appropriate search portal based on record type
- Enter required search criteria (name, case number, date range)
- Review available records (note that document images may not be available for all cases)
Written Requests:
- Submit a written request to the Clerk of Superior Court including:
- Requestor's name and contact information
- Specific case information
- Time period of interest
- Types of documents requested
- Mail requests to:
Buncombe County Clerk of Superior Court
60 Court Plaza
Asheville, NC 28801
- Include a self-addressed stamped envelope and payment for anticipated copy fees
For certified copies of court documents, requestors must specify this requirement and pay additional certification fees ($5.00 per document). Pursuant to N.C.G.S. § 7A-308, various fees apply to different types of court records and services.
How To Look Up Court Records in Buncombe County Online?
Buncombe County court records can be accessed through several online portals maintained by the North Carolina Judicial Branch. Each system provides access to different types of court information:
North Carolina Court System Public Records Search:
- Visit the North Carolina Judicial Branch Records Search portal
- Select the appropriate database:
- Criminal and Infraction Public Records Search
- Civil Case Processing System
- Estates Case Processing System
- Enter search criteria (name, case number, or date range)
- Review results, which typically include:
- Case numbers and filing dates
- Party names
- Charge information (criminal cases)
- Case status and disposition
- Scheduled court dates
- Basic document information
North Carolina Business Court Records:
- Access the North Carolina Business Court website
- Search by case number, party name, or attorney
- View dockets and some document images for business court cases
Criminal Court Calendar:
- Navigate to the North Carolina Court Dates search tool
- Select Buncombe County from the dropdown menu
- Enter defendant name or case number
- View upcoming court dates and basic case information
Register of Deeds Online Records:
- Visit the Buncombe County Register of Deeds website
- Search for marriage licenses, real estate transactions, and other recorded documents
- Pay applicable fees for document copies
It is important to note that while basic case information is available online, complete case files with all documents are typically not available through these portals. Document images may be limited, and certain sensitive or sealed records are excluded from online access. For comprehensive case files, in-person requests at the courthouse remain necessary.
How To Search Buncombe County Court Records for Free?
North Carolina law provides for public inspection of court records at no cost, though fees may apply for copies or certified documents. The following methods allow for free access to Buncombe County court records:
Free In-Person Inspection:
Pursuant to N.C.G.S. § 132-6, members of the public may inspect court records during regular business hours at no charge:
- Visit the Buncombe County Courthouse during regular business hours (Monday-Friday, 8:30 AM - 5:00 PM)
- Request to view specific case files at the appropriate clerk's office
- Present identification and complete any required request forms
- Review records in designated public viewing areas
Free Online Resources:
-
North Carolina Judicial Branch Public Records Search - Provides free access to basic case information including:
- Criminal case status and charges
- Civil case parties and filing dates
- Court calendars and scheduled hearings
- Case dispositions and judgment information
-
Buncombe County Court Dates Search - Allows free searches for upcoming court appearances
-
North Carolina Offender Public Information Search - Provides free information about criminal convictions and incarceration status
Public Access Terminals:
- Free public access computer terminals are available at:
Buncombe County Law Library
60 Court Plaza, 1st Floor
Asheville, NC 28801
Hours: Monday-Friday, 8:30 AM - 5:00 PM
- These terminals provide access to court databases without charge
- Staff assistance may be available for basic search guidance
While inspection is free, fees apply for copies ($0.25 per page), certified copies ($5.00 per document), and certain specialized searches as established in the North Carolina Court Costs and Fees Chart.
What's Included in a Buncombe County Court Record?
Buncombe County court records contain various documents and information depending on the case type. The contents typically include:
Criminal Case Records:
- Charging documents (indictments, information, complaints)
- Arrest warrants and probable cause affidavits
- Bond and pretrial release information
- Attorney appearance notices
- Motions and responses
- Court orders and judicial rulings
- Plea agreements
- Trial transcripts (if requested)
- Verdict forms
- Sentencing information
- Probation terms and conditions
- Appeal notices and related documents
Civil Case Records:
- Complaints and petitions
- Summonses and proof of service
- Answers and counterclaims
- Motions and supporting memoranda
- Affidavits and declarations
- Discovery documents (if filed with the court)
- Expert witness reports (if filed)
- Exhibits admitted into evidence
- Court orders and judgments
- Settlement agreements (if filed)
- Appeal documents
Family Court Records:
- Divorce petitions and decrees
- Child custody and support orders
- Parenting plans
- Financial affidavits
- Qualified domestic relations orders
- Domestic violence protective orders
- Name change petitions and orders
- Adoption petitions and final decrees
Probate Records:
- Wills and codicils
- Petitions for probate
- Letters testamentary or administration
- Inventories of estate assets
- Claims against estates
- Accountings
- Distribution plans
- Guardianship documents
Case Metadata:
- Case number and filing date
- Party names and contact information
- Attorney information
- Judge assignments
- Hearing dates and courtroom locations
- Case status and disposition
- Financial information (fees, fines, restitution)
Each court record also contains a docket sheet or case summary that chronologically lists all activities and filings in the case, serving as an index to the complete file. This information is maintained by the Clerk of Superior Court as required by state law.
How Long Does Buncombe County Keep Court Records?
Buncombe County retains court records according to the North Carolina Judicial Branch Records Retention Schedule, which is established pursuant to N.C.G.S. § 121-5 and administered by the North Carolina Administrative Office of the Courts. Retention periods vary by record type:
Permanent Retention:
- Superior Court felony case files
- Civil judgments
- Wills and estate records
- Adoption records
- Land records and property disputes
- Marriage and divorce records
- Naturalization records (pre-1940)
- Certain historic court records
Extended Retention (20+ years):
- Superior Court misdemeanor cases (20 years after disposition)
- Civil case files with judgments (20 years after judgment)
- Domestic violence protective orders (permanent if granted)
- Child support orders (until child reaches age 28)
- Juvenile delinquency records (until age 28)
Medium-Term Retention (5-20 years):
- District Court criminal cases (5-20 years depending on offense)
- Civil cases without judgments (5-7 years after disposition)
- Traffic cases (3-7 years depending on disposition)
- Small claims proceedings (5 years after judgment)
- Probation violation hearings (10 years)
Short-Term Retention (Less than 5 years):
- Court calendars and dockets (1-3 years)
- Minor infractions and parking violations (3 years)
- Administrative records (1-5 years)
- Expunged records (destroyed as ordered by the court)
The retention schedule may be modified by court order in specific cases. Additionally, records with historical significance may be transferred to the North Carolina State Archives for permanent preservation rather than being destroyed after their retention period expires.
Digital records are subject to the same retention requirements as paper records. The Criminal & Traffic Division of the Clerk's Office manages the retention of criminal and traffic records according to these schedules.
Types of Courts In Buncombe County
Buncombe County's judicial system consists of several courts, each with specific jurisdiction and authority:
Buncombe County Superior Court
60 Court Plaza, 5th Floor
Asheville, NC 28801
828-259-3410
Hours: Monday-Friday, 8:30 AM - 5:00 PM
Buncombe County Superior Court
Superior Court is the highest trial court in Buncombe County, presided over by rotating superior court judges. It handles felony criminal cases, civil cases involving claims exceeding $25,000, and appeals from district court.
Buncombe County District Court
60 Court Plaza, 4th Floor
Asheville, NC 28801
828-259-3400
Hours: Monday-Friday, 8:30 AM - 5:00 PM
Buncombe County District Court
District Court handles misdemeanor criminal cases, traffic violations, civil cases under $25,000, small claims (up to $10,000), domestic relations matters, juvenile proceedings, and involuntary commitments.
Buncombe County Small Claims Court
60 Court Plaza, 1st Floor
Asheville, NC 28801
828-259-3400
Hours: Monday-Friday, 8:30 AM - 5:00 PM
Small Claims Court
Small Claims Court, a division of District Court, handles civil disputes with claims up to $10,000. Cases are heard by magistrates rather than judges.
Buncombe County Drug Treatment Court
60 Court Plaza
Asheville, NC 28801
828-259-3449
Hours: Monday-Friday, 8:30 AM - 5:00 PM
Drug Treatment Court is a specialized court program for non-violent offenders with substance abuse issues, offering treatment alternatives to incarceration.
Buncombe County Family Court
60 Court Plaza, 4th Floor
Asheville, NC 28801
828-259-3400
Hours: Monday-Friday, 8:30 AM - 5:00 PM
Family Court handles domestic matters including divorce, child custody, support, adoption, and domestic violence cases.
The North Carolina court system follows a hierarchical structure:
- District and Superior Courts (trial courts)
- North Carolina Court of Appeals (intermediate appellate court)
- North Carolina Supreme Court (highest state court)
Federal cases arising in Buncombe County are heard in the United States District Court for the Western District of North Carolina, located in Asheville.
What Types of Cases Do Buncombe County Courts Hear?
Buncombe County courts adjudicate a wide range of legal matters according to their respective jurisdictions:
Superior Court Cases:
- Felony criminal prosecutions
- Civil actions involving claims exceeding $25,000
- Appeals from district court decisions
- Property disputes and real estate litigation
- Medical malpractice claims
- Complex business litigation
- Constitutional challenges to state laws
- Administrative agency appeals
- Habeas corpus petitions
- Certain probate matters
District Court Cases:
- Misdemeanor criminal offenses
- Traffic violations and DWI/DUI cases
- Civil actions with claims up to $25,000
- Domestic relations matters (divorce, alimony, equitable distribution)
- Child custody and support proceedings
- Domestic violence protective orders
- Juvenile delinquency and dependency cases
- Involuntary commitment proceedings
- Landlord-tenant disputes
- Preliminary hearings for felony cases
Small Claims Court Cases:
- Civil disputes with claims up to $10,000
- Landlord-tenant eviction proceedings
- Consumer debt collection
- Property damage claims
- Contract disputes
- Personal injury claims (limited value)
- Recovery of personal property
Specialty Court Programs:
- Drug Treatment Court: Substance abuse-related offenses
- Family Court: Comprehensive domestic relations matters
- Mental Health Court: Cases involving defendants with mental illness
- Veterans Treatment Court: Cases involving military veterans
The Criminal & Traffic Division of the Clerk's Office processes all criminal and traffic cases, while civil matters are handled by the Civil Division. Probate matters, including wills, estates, and guardianships, are administered by the Estate Division of the Clerk's Office.
Case assignment is determined by subject matter jurisdiction and the amount in controversy as established by the North Carolina General Statutes. The Administrative Office of the Courts provides oversight and administrative support to all courts within the county.
How To Find a Court Docket In Buncombe County
Court dockets in Buncombe County provide schedules of cases to be heard and serve as chronological indices of case activities. Members of the public may access docket information through several methods:
Online Docket Access:
- Visit the North Carolina Court Dates search portal
- Select Buncombe County from the location dropdown
- Search by:
- Defendant/party name
- Attorney name
- Case number
- Date range
- Review results showing scheduled hearings, case types, and courtroom assignments
In-Person Docket Review:
- Visit the appropriate clerk's office at the Buncombe County Courthouse:
Buncombe County Clerk of Superior Court
60 Court Plaza
Asheville, NC 28801
828-259-3400
Hours: Monday-Friday, 8:30 AM - 5:00 PM
- Request to view the daily or weekly court calendar
- Public docket boards are also displayed in courthouse lobbies and outside courtrooms
Telephone Information:
- Contact the appropriate division of the Clerk's Office:
- Criminal/Traffic: 828-259-3410
- Civil: 828-259-3420
- Family Court: 828-259-3430
- Small Claims: 828-259-3440
- Provide case information to receive docket details
Attorney Access:
Attorneys registered with the North Carolina Courts Electronic Filing System (NCEFS) can access docket information through a secure portal with additional features not available to the general public.
Daily Calendar Publications:
- Review printed daily calendars posted at the courthouse entrance
- Local legal publications may publish weekly court schedules
- Some local newspapers publish court calendars for upcoming weeks
Docket information typically includes:
- Case numbers and party names
- Hearing type (arraignment, motion, trial, etc.)
- Scheduled date, time, and courtroom
- Presiding judge
- Attorney information
For specialized dockets such as drug court or domestic violence court, contact the specific court program coordinator for schedule information. Pursuant to N.C.G.S. § 7A-109, all dockets and calendars are public records unless specifically sealed by court order.
Which Courts in Buncombe County Are Not Courts of Record?
In the North Carolina judicial system, "courts of record" maintain formal, verbatim transcripts of proceedings and comprehensive documentation of all matters heard. Conversely, "courts not of record" do not routinely create or maintain such complete transcripts. In Buncombe County, the following courts are classified as not being courts of record:
Small Claims Court:
Small Claims Court, while a division of District Court, operates as a court not of record pursuant to N.C.G.S. § 7A-198. Proceedings are conducted informally before a magistrate, and while basic documentation of claims, judgments, and orders is maintained, verbatim transcripts are not created unless specifically requested by a party for appeal purposes.
Magistrate Proceedings:
Magistrates conduct various judicial functions that are not considered proceedings of courts of record, including:
- Initial appearances
- Bond hearings
- Probable cause determinations
- Issuance of arrest and search warrants
- Acceptance of certain guilty pleas in minor cases
Administrative Hearings:
Certain administrative proceedings that occur within the courthouse but are not part of the formal court system are not courts of record:
- Driver's license revocation hearings
- Certain preliminary probation violation matters
- Child support enforcement administrative proceedings
When cases from these non-record courts are appealed, they receive a completely new trial (trial de novo) in District or Superior Court, which are courts of record. This contrasts with appeals from courts of record, which are reviewed based on the existing record for errors of law.
The distinction between courts of record and those not of record is established in the North Carolina Constitution and further defined in the General Statutes. This classification affects appeal procedures, record-keeping requirements, and the formality of proceedings.
Lookup Court Records in Buncombe County
Buncombe County Clerk of Superior Court Office
Buncombe County Court Information