Clerk of Court - Criminal and Traffic Division (2024)

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.

Clerk of Court - Criminal and Traffic Division (1)

Traffic Citations & Payments

When, Where, & How to pay your traffic citations.

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.

Traffic Citation Payments

Note: Only traffic citations that do not require your personal court appearance may be paid PRIOR to your court date. We do not accept personal checks.

Some traffic tickets require a court appearance and cannot be paid off prior to the court date. If you fail to appear on your court date as required, your driver's license may be revoked and you may be arrested.

As the reverse side of your traffic ticket will inform you, paying off a citation before court is the same as appearing in court and pleading responsible (guilty) to the original charge. This conviction may result in points being assessed against your license and your insurance premiums may also go up. Court costs of $188 for infraction cases and $190 for all other criminal charges are still assessed and must be paid in addition to the fine even if you do not wish to attend your court date.

Accepted Payment Methods

Pay by Mail

To pay by mail, make a certified check or money order payable to the Clerk of Superior Court for the amount shown on the front of your citation. Mail your payment and your citation to:

Clerk of Superior Court
Attn: Criminal and Traffic Division

60 Court Plaza
Asheville, NC 28801

Pay In Person

To pay in person, come to the Clerk's office, located on the ground floor of the Buncombe County Judicial Complex no later than the last working day before your court date.

You must pay with:

  • Cash
  • Certified Check
  • Money Order
  • Debit or Credit Card

Pay Online

You may pay your citation online at onlineservices.nccourts.org with a major credit or debit card. Like our other payment options, this must be done prior to the court date noted on your ticket.

This service carries a nominal convenience charge in addition to the fine and cost stated on your citation.

Failure to Appear at a Required Court Hearing

If you fail to appear for a required court hearing, an order for Arrest will be issued and, after 20 days, the DMV will be notified of your noncompliance. NC DMV assesses a $200.00 fee and will suspend your license. Since your court appearance was necessary and you failed to appear, you cannot take care of this ticket until the District Attorney agrees to reinstate the charges against you. To do this, you must appear in person in the Criminal Division of the Clerk's Office, located on the 1st floor, Room 110, of the Buncombe County Courthouse for more instructions.

If you live in another state, you should contact an attorney practicing in Buncombe County, North Carolina. Hiring an attorney to represent you may save you the time and expense of a personal appearance in court.

If your court appearance was not necessary and you failed to appear in court or pay your fine, contact the Criminal Division at (828) 259-3402 to find out how much you need to pay. You may be able to simply pay the amount through the mail by certified check or money order.

Clerk of Court - Criminal and Traffic Division (2)

Court Appearances

Court Dates, Continuances, Administrative Court, Record Checks, and Expunction Requests.

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.

Administrative Court

Administrative Court handles first appearance issues, minor traffic and compliance offenses, and advises defendants of their constitutional rights to representation in regards to more serious charges.

Administrative Court is held on the first full week of every month, in the Buncombe County Judicial Complex, District Courtroom 1A.

Appearances are on a first come first serve basis to let you appear in court at your discretion on the assigned day.

Morning Sessions
8:00 am - 11:30 am
Afternoon Sessions
1:00 pm - 4:00 pm

Clerk of Court - Criminal and Traffic Division (3)

Record Checks

Criminal records are a matter of public record and may be checked by name.

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

Clerk of Court - Criminal and Traffic Division (4)

Expunction Requests

Petitions for Expunction are filed and processed by the Clerk's office. Not all charges in North Carolina are eligible for expunction. Expunction requests vary based on the charge, type of disposition, and the defendants age. Some requests require additional affidavits and documentation.

Fees for expunctions range from no filing fee at all to $175. While the Clerk's office can provide you with the petition they are not able to advise you on how to complete it.

Petitions may be picked up on the 1st floor, Room 110, of the Buncombe County Courthouse or by accessing the North Carolina Administrative Office of the Courts website.

Clerk of Court - Criminal and Traffic Division (5)

Locate & Contact

Clerk of Superior Court

Contact

Jean Marie Christy
Clerk of Superior Court
P. (828) 259-3400

Mailing Address

Buncombe County Courthouse
60 Court Plaza
Asheville, NC 28801-3519

Courier Box Number: 12-79-02

Additional Fax Numbers

  • Criminal Division
    828-259-3402
  • Civil Division
    828-259-3400
  • Small Claims
    828-259-3407
  • Estates
    828-259-3404
  • Jury
    828-259-6407
  • Information Window
    828-259-3400
Clerk of Court - Criminal and Traffic Division (2024)

FAQs

How long does the DA have to file charges in California? ›

For misdemeanor offenses, the DA generally has one year from the date of the alleged offense to file charges. This means that if you are accused of a misdemeanor, the DA must bring charges against you within one year of the date that the crime was allegedly committed.

What court hears most criminal and traffic violations? ›

United States District Courts

The district courts can hear most federal cases, including civil and criminal cases.

How long does it take to get a court date for a felony in California? ›

If you're charged with a felony offense, your arraignment will be either 48 hours after your arrest or several months later. You have the right to go to trial within 60 days of your arraignment for a felony offense.

What are two reasons it's difficult to get a case all the way to the Supreme Court? ›

Here are some principal factors that influence which cases become Supreme Court cases: Cases heard by the Supreme Court usually include only those that “could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value.”

What three conditions must be present before a prosecutor charges a criminal case? ›

(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.

How do I find out if the DA has filed charges in California? ›

The DA's Office can provide you with the name of the defendant and the next court date if we have filed charges against the defendant. To obtain this information, please contact the branch of our office where the charges were filed.

What is the most likely punishment for a traffic violation? ›

Penalties. In most states, a traffic infraction can't result in jail time. Potential penalties generally include a fine, traffic school, and demerit points on the motorist's driving record. Accumulating a certain number of points can result in increased insurance premiums and license suspension.

Which type of court do most traffic ticket violations begin? ›

Only the most serious driving-related offenses like driving under the influence (DUI), reckless driving, and vehicular homicide go to criminal court. Drivers who receive tickets for violating less serious traffic laws will go to traffic court. Traffic courts are somewhat less formal than other courtrooms.

How many criminal cases go to trial in California? ›

In California, public defenders represent an estimated four out of five felony defendants. The vast majority of felony cases are resolved before trial. For fiscal year 2013–14, only 2% of felony cases were settled by trial. Most are resolved when the defendant enters a guilty plea or a plea of no contest.

Do first time felony offenders go to jail in California? ›

First Time Offender Felony Charge Act in CA

Under the Federal First Offender Act, also known as FFOA, first-time offenders are eligible for special probation programs rather than a prison sentence. After felony probation is successfully completed, the charge and the arrest may be expunged.

What is the minimum sentence for a felony in California? ›

Under the California felony sentencing guidelines, felony penalties can include: felony (or formal) probation, a term of at least 1 year in state prison, or. at least 16 months in county jail (only for felonies that are not serious, violent, or sexual).

Does the trial court hear cases for the first time? ›

Original jurisdiction refers to a court's authority to hear and decide a case for the first time before any appellate review occurs. Trial courts typically have original jurisdiction over the types of cases that they hear, but some federal and state trial courts also hear appeals in specific instances.

Who doesn't hear cases for the first time? ›

The courts of appeals have appellate jurisdiction. They are not trial courts and do not hear cases first. Instead, the appellate courts review the decisions of the district courts, and determine whether they were correct.

Which criteria does the court use to decide whether to hear a case? ›

Typically, the Court hears cases that have been decided in either an appropriate U.S. Court of Appeals or the highest Court in a given state (if the state court decided a Constitutional issue). The Supreme Court has its own set of rules. According to these rules, four of the nine Justices must vote to accept a case.

What is the statute of limitations on criminal charges in California? ›

California Statute of Limitations Law

The range is usually from one year for many misdemeanors, three years for many felonies, to no time limit at all for crimes that are punishable by death or by life in prison. If there is no statute of limitations, the prosecutor may bring charges against someone at any time.

How long does the DA have to file DUI charges in California? ›

This means that the prosecution has a year from the date of the DUI incident to file charges against the defendant in court. In many cases, the prosecution will not file charges by the “due date” that is listed on a driver's notice to appear. There may be a number of factors that contribute to a delayed filing.

How long does it take to charge a DA? ›

It takes approximately 3.5 hours to recharge the battery when it is completely run down using a USB charger (1.5 A or higher) or approximately 6.5 hours when charging from a computer.

How long do you have to press charges for assault in California? ›

The statute of limitations for simple (misdemeanor) assault in California is one year. But for most felony assault charges, the prosecutor has up to three years to bring charges. A statute of limitations (SOL) refers to the maximum time period during which a prosecutor can file criminal charges.

References

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