Criminal & Traffic Division

The Criminal and Traffic division are responsible for the entry of cases and citations, the entry of dispositions and judgments, and the retention of records in both the District and Superior Courts.

In addition to the maintenance of records they generate all of the calendar information, produce background checks, process expunction requests, and hold administrative hearings.

Traffic Citations

Minor traffic citations do not require a court appearance and may simply be paid off before the court date. Paying off a citation prior to court, however, may have unintended consequences.

To find out if your traffic citation requires your personal court appearance, please check your copy of the traffic citation.

A driver who fails to comply with a citation or other charge may have his driver's license suspended until the matter is settled. Furthermore, if a court appearance was necessary (usually in the more serious traffic citations, such as DWI, Careless and Reckless, etc.), and the defendant fails to appear, an Order for Arrest will be issued and the defendant may be arrested.

Court Dates

If you would like to check on a criminal or traffic court date, you may call the Clerk's Office at (828) 259-3402.

Continuances

Continuances may only be issued by the District Attorney or a Judge. You may request a continuance on your court date or you may retain an attorney to request a continuance on your behalf.

NOTE: The Clerk's office cannot issue continuances of court dates.

Missed Court Dates

• If you have missed your court date by more than 20 days, a late fee of $200 will be added to the fine and costs. Additionally, the Division of Motor Vehicles will start the process to suspend your driver's license.
• If your personal court appearance was required for a court mandatory offense and you failed to appear on your court date, the court will issue an Order for Arrest. You may be required to post a bond to insure your appearance in court at a later date.

Name Inquiry Checks

Record searches are generally called a 'name inquiry check'. No guarantee can be made as to actual identity as searches are not based on identifiable characteristics such as fingerprints or Social Security Numbers; however, dates of birth—where known or reported—are recorded in the database.

If a more accurate search is required, it is recommended that a law enforcement agency be used to provide a search based on fingerprints rather than name.

The name inquiry check you obtain from the Clerk's Office only searches criminal charges filed in Buncombe County, North Carolina, and will not pick up out-of-county, out-of-state, or federal charges. Some internet sites provide this type of search for a fee.

Request a Certified Name Inquiry Check

To obtain a certified name inquiry check, you may visit the Clerk's Office, located on the 1st floor of the Buncombe County Courthouse. You must be able to provide the person's name and date of birth. The $25 fee must be paid for and receipted in the main lobby of the Buncombe County Judicial Complex at the cashier stations prior to receiving the criminal history check.

Request an Inquiry by Mail

Mail your certified name inquiry check request to the address below, and make sure to provide the following information:

• The person's first and last name, and middle initial if known;
• Person's date of birth;
• $25.00 certified check or money order, made payable to the Clerk of Superior Court;
• Self-addressed & stamped envelope, for the copy.

Clerk of Superior Court
Attn: Criminal Division
60 Court Plaza
Asheville, NC 28801