Durham County Court Records
What Is Durham County Court Records
Durham County court records encompass all official documentation generated during legal proceedings within the county's court system. These records consist of case files, dockets, pleadings, motions, orders, judgments, transcripts, exhibits, and sentencing records maintained by the courts. Pursuant to North Carolina General Statutes § 7A-109, court records are defined as "all records and papers in the custody of the clerk of superior court."
Court records differ from other public records such as:
- Property records (deeds, mortgages, liens)
- Vital records (birth, death, marriage certificates)
- Tax records
- Business licenses
The following courts in Durham County maintain official records:
- Superior Court
- District Court
- Small Claims Court
- Family Court
- Juvenile Court
- Probate Court
These records document proceedings across various case types including civil litigation, criminal prosecutions, family matters, probate proceedings, and traffic violations. The Durham County Clerk of Superior Court serves as the official custodian of these records, responsible for their maintenance, preservation, and public accessibility in accordance with state law.
Are Court Records Public In Durham County
Court records in Durham County are generally public documents accessible to any person, as established by the North Carolina Public Records Law § 132-1. This statute declares that "public records and public information are the property of the people" and that the public has a right to access these records with minimal restriction.
The following court records are typically available for public inspection:
- Most civil case files
- Criminal case files (post-charging)
- Judgments and orders
- Docket sheets
- Hearing schedules
- Court calendars
However, certain records may be restricted or sealed by court order or statute. According to the North Carolina Court Records guidelines, restricted records may include:
- Juvenile proceedings (under N.C.G.S. § 7B-2901)
- Adoption records
- Mental health proceedings
- Certain domestic violence cases
- Records sealed by judicial order
- Pre-sentence investigation reports
- Grand jury proceedings
It is important to note that federal court records for cases heard in the U.S. District Court for the Middle District of North Carolina (which includes Durham County) are governed by federal access rules rather than state law. The North Carolina Administrative Office of the Courts establishes policies regarding public access to state court records, balancing transparency with privacy concerns.
How To Find Court Records in Durham County in 2026
Members of the public seeking court records in Durham County may utilize several methods to locate and access these documents. The county currently offers both in-person and electronic options for record retrieval.
For in-person requests:
- Visit the Durham County Courthouse during regular business hours
- Complete a record request form at the appropriate clerk's office
- Provide case number, party names, or other identifying information
- Pay applicable copy fees if requesting physical copies
Durham County Courthouse
510 South Dillard Street
Durham, NC 27701
919-808-3000
Durham County Clerk of Superior Court
For electronic access:
- Access the North Carolina Judicial Branch eCourts portal
- Register for an account if required
- Search by case number, party name, or filing date
- View available documents online or request copies
For specialized records:
- Criminal records: Contact the Criminal Division of the Clerk's Office
- Civil records: Contact the Civil Division of the Clerk's Office
- Estates and special proceedings: Contact the Estates Division
- Traffic citations: Access through the North Carolina Court System's online services
Pursuant to N.C.G.S. § 7A-308, fees apply for copies of court records. Currently, the fee is $0.25 per page for regular copies and $1.00 per page for certified copies. Additional fees may apply for research services or expedited processing.
How To Look Up Court Records in Durham County Online?
Durham County offers comprehensive online access to court records through several digital portals. The county utilizes the Enterprise Justice (Odyssey) electronic filing and case management system as part of North Carolina's eCourts initiative.
To search for court records online:
- Access the North Carolina Judicial Branch's Court Records portal
- Select the appropriate search option:
- Criminal and infraction case records
- Civil case records
- Traffic citations
- Estates and special proceedings
For criminal and traffic cases:
- Navigate to the North Carolina Criminal Court Information System
- Enter search criteria (name, case number, or citation number)
- Review the list of matching cases
- Select a case to view basic information
- Note that some documents may require in-person requests
For civil cases:
- Access the Civil Case Processing System
- Enter party name or case number
- Filter results by case type or filing date
- View available case information and document listings
For court calendars and hearing schedules:
- Visit the Durham County court calendars page
- Select the appropriate court division
- View upcoming court dates by date, judge, or case type
The online system provides access to basic case information, including:
- Party names
- Case numbers
- Filing dates
- Scheduled hearings
- Case status
- Judgment information
However, complete case files with all documents may require in-person requests at the courthouse due to privacy restrictions or technical limitations.
How To Search Durham County Court Records for Free?
Durham County residents and members of the public may access certain court records at no cost, in accordance with North Carolina's commitment to transparent judicial proceedings. The North Carolina Public Records Law § 132-6.2 guarantees the right to inspect public records without charge, though fees may apply for copies.
Free access options include:
-
In-person inspection at the courthouse:
- Visit the Durham County Clerk of Superior Court's office
- Use public access terminals to search case information
- View non-confidential records without charge
- Operating hours: Monday-Friday, 8:30 AM - 5:00 PM
-
Online basic case information:
- Access the North Carolina Judicial Branch website
- Use the public case search function
- View basic case details including party names, case types, and filing dates
- Check court calendars and hearing schedules
-
Public library access:
- Visit the Durham County Main Library
- Use public computers to access court websites
- Receive assistance from reference librarians if needed
While inspection is free, fees apply for copies and certified documents:
- Regular copies: $0.25 per page
- Certified copies: $1.00 per page
- Research assistance: $20.00 per hour (if staff research is required)
The Durham County Courthouse provides public access terminals where visitors can search records independently without incurring search fees. These terminals offer access to the same database used by court staff for basic case information.
What's Included in a Durham County Court Record?
Durham County court records contain comprehensive documentation of legal proceedings. The specific contents vary by case type but generally include the following components:
For Civil Cases:
- Complaint or petition initiating the action
- Summons and proof of service
- Answers and counterclaims
- Motions and supporting memoranda
- Discovery documents (if filed with the court)
- Exhibits admitted into evidence
- Court orders and judgments
- Transcripts of hearings (if requested)
- Financial information (judgments, liens, satisfaction of judgments)
- Case disposition information
For Criminal Cases:
- Charging documents (indictments, information, complaints)
- Arrest warrants and returns
- Bond/bail information
- Plea agreements
- Motions and court orders
- Trial exhibits (if admitted)
- Sentencing information
- Probation terms
- Appeal notices
- Criminal judgment forms
For Family Court Cases:
- Petitions for divorce, custody, or support
- Financial affidavits
- Parenting plans
- Temporary and permanent orders
- Child support worksheets
- Qualified domestic relations orders
- Certificates of completion for required programs
For Probate Cases:
- Wills and codicils
- Petitions for probate
- Inventories of assets
- Accountings
- Notices to creditors
- Distribution plans
- Orders closing estates
Each court record also contains a docket sheet or case summary that chronologically lists all actions taken in the case, including filings, hearings, and judicial rulings. Pursuant to N.C.G.S. § 7A-109.1, the clerk must maintain these records in a manner that ensures their accuracy and accessibility.
How Long Does Durham County Keep Court Records?
Durham County retains court records according to schedules established by the North Carolina Administrative Office of the Courts. These retention periods vary based on case type and document importance, as mandated by N.C.G.S. § 121-5, which governs public records management.
Current retention periods include:
For Civil Cases:
- Small claims judgments: 10 years after judgment
- General civil judgments: 20 years after judgment
- Civil case files: 5 years after disposition
- Domestic relations cases: 25 years after disposition
- Civil commitments: 20 years after discharge
For Criminal Cases:
- Felony convictions: Permanent
- Misdemeanor convictions: 10 years after disposition
- Traffic violations: 3 years after disposition
- Expunged records: Destroyed as directed by court order
- Capital cases: Permanent
For Special Proceedings:
- Estates: 10 years after estate closed
- Guardianships: 10 years after termination
- Adoptions: Permanent (sealed)
- Name changes: Permanent
For Administrative Records:
- Court calendars: 2 years
- Indexes: Permanent
- Docket books: Permanent
- Financial records: 5 years
After the retention period expires, records may be:
- Transferred to the State Archives of North Carolina
- Converted to microfilm or digital format
- Destroyed according to approved procedures
Certain records of historical significance may be preserved permanently regardless of standard retention schedules. The Durham County Clerk of Superior Court coordinates with the North Carolina Department of Natural and Cultural Resources to ensure proper records management.
Types of Courts In Durham County
Durham County's judicial system consists of several courts with distinct jurisdictions and functions within North Carolina's unified court system.
Durham County Superior Court
510 South Dillard Street, 6th Floor
Durham, NC 27701
919-808-3003
Durham County Superior Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM
The Superior Court handles felony criminal cases, civil cases involving claims exceeding $25,000, and appeals from District Court. Superior Court judges rotate throughout the state's eight judicial divisions.
Durham County District Court
510 South Dillard Street, 2nd Floor
Durham, NC 27701
919-808-3100
Durham County District Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM
District Court handles misdemeanors, traffic offenses, juvenile matters, domestic relations cases, and civil cases involving claims up to $25,000.
Durham County Small Claims Court
510 South Dillard Street, 2nd Floor
Durham, NC 27701
919-808-3006
Durham County Small Claims Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM
Small Claims Court, presided over by magistrates, handles civil disputes involving claims up to $10,000.
Durham County Family Court
510 South Dillard Street, 3rd Floor
Durham, NC 27701
919-808-3020
Durham County Family Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM
Family Court handles domestic matters including divorce, custody, child support, and domestic violence protective orders.
Durham County Drug Treatment Court
510 South Dillard Street, 4th Floor
Durham, NC 27701
919-808-3040
Durham County Drug Treatment Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM
Drug Treatment Court provides alternative sentencing and treatment options for non-violent offenders with substance abuse issues.
The court hierarchy in North Carolina progresses from Magistrate/Small Claims Court to District Court to Superior Court, then to the North Carolina Court of Appeals, and finally to the North Carolina Supreme Court for cases requiring further review.
What Types of Cases Do Durham County Courts Hear?
Durham County courts adjudicate a wide range of legal matters according to their respective jurisdictions as established by North Carolina law.
Superior Court handles:
- Felony criminal prosecutions
- Civil cases with amounts in controversy exceeding $25,000
- Appeals from District Court decisions
- Administrative agency appeals
- Constitutional challenges
- Complex business litigation
- Medical malpractice claims
- Land condemnation proceedings
District Court handles:
- Misdemeanor criminal cases
- Preliminary hearings for felony cases
- Traffic violations
- Civil cases with amounts up to $25,000
- Domestic relations matters (divorce, custody, support)
- Juvenile proceedings
- Involuntary commitments
- Domestic violence protective orders
- Landlord-tenant disputes
- Probate matters
Small Claims Court handles:
- Civil disputes up to $10,000
- Summary ejectment (eviction) proceedings
- Recovery of personal property
- Motor vehicle damage claims
- Consumer disputes
- Contract disagreements
- Debt collection (under $10,000)
Family Court handles:
- Divorce proceedings
- Child custody and visitation
- Child support establishment and enforcement
- Equitable distribution of property
- Alimony claims
- Domestic violence protective orders
- Paternity establishment
- Termination of parental rights
- Adoptions
Drug Treatment Court handles:
- Alternative sentencing for qualifying drug offenses
- Treatment monitoring and compliance
- Probation supervision
- Recovery support services
Each court follows specific procedural rules established by the North Carolina General Statutes and the North Carolina Administrative Office of the Courts. Case assignment is determined by subject matter jurisdiction, amount in controversy, and the nature of the relief sought.
How To Find a Court Docket In Durham County
Court dockets in Durham County provide schedules of cases to be heard and record all actions taken in each case. Members of the public can access these dockets through several methods.
To access court calendars and hearing schedules:
-
Online Access:
- Visit the Durham County court calendars page
- Select the appropriate court division (Superior, District, etc.)
- Choose the desired date range
- View cases scheduled by courtroom, judge, or case type
- Download or print calendar information as needed
-
In-Person Access:
- Visit the Durham County Courthouse
- Proceed to the appropriate clerk's office based on case type
- Request to view the current court calendar
- Calendars are typically posted outside each courtroom
- Daily printed calendars are available at information desks
-
Telephone Access:
- Call the appropriate court division:
- Superior Court: 919-808-3003
- District Court: 919-808-3100
- Family Court: 919-808-3020
- Provide case information to court staff
- Receive information about scheduled hearings
- Call the appropriate court division:
To search for specific case docket information:
- Use the North Carolina Court System's online services
- Enter case number, party name, or attorney name
- Review chronological listing of all case events
- Note that some older cases may not be fully available online
For specialized dockets:
- Criminal dockets: Available through the Criminal Division
- Civil dockets: Available through the Civil Division
- Traffic dockets: Available through Traffic Court services
- Domestic dockets: Available through Family Court
Court dockets are updated regularly, but last-minute changes may occur. Contacting the clerk's office directly is recommended to confirm current scheduling information, especially for time-sensitive matters.
Which Courts in Durham County Are Not Courts of Record?
In Durham County, certain courts do not maintain verbatim records of proceedings and are classified as "courts not of record" under North Carolina law. According to N.C.G.S. § 7A-190, courts not of record do not routinely create or preserve verbatim transcripts of their proceedings.
The following Durham County courts are not courts of record:
Small Claims Court:
- Presided over by magistrates
- Handles civil disputes up to $10,000
- Proceedings are summary in nature
- No court reporter present
- No verbatim transcript created
- Appeals from Small Claims Court receive a completely new trial (trial de novo) in District Court
Magistrate's Court:
- Handles initial appearances
- Sets bonds in criminal cases
- Issues arrest and search warrants
- Conducts probable cause hearings
- Proceedings are not transcribed
- Decisions may be reviewed by District Court judges
Traffic Administrative Court:
- Processes routine traffic citations
- Handles administrative matters related to traffic offenses
- No formal record of proceedings maintained
- Cases may be transferred to regular District Court if contested
In contrast, Durham County Superior Court and District Court are courts of record, meaning they maintain official verbatim records of proceedings through court reporters or electronic recording systems. These records can be transcribed upon request for appeals or other purposes.
The distinction between courts of record and courts not of record is significant for appeal purposes. When appealing from a court not of record, the case receives a completely new hearing in a court of record rather than a review of the existing record.
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