North Carolina Public Records

North Carolina Public records are documents or materials generated or received by a government agency in North Carolina while conducting public business. They include paper and electronic records, such as emails, letters, maps, books, photographs, films, and sound recordings. Public records are the people's property. Thus, the public can inspect or obtain copies of such records for free or at minimal cost unless otherwise expressly provided by law.

The statutes that define the scope of the public's access to North Carolina records are codified in Chapter 132 of North Carolina's General Statutes. Collectively called the North Carolina Public Records Law, these statutes obligate all official state or local record custodians to provide access to public records when a request is made.

Record custodians are the public officials or employees responsible for creating and maintaining custody of public records. They also provide access to public records when needed, treating requests promptly and ensuring that requesters are charged only for the actual cost of reproducing the records. Record custodians who fail to comply with the public records law may be subject to civil or criminal penalties.

Are North Carolina Records Public?

Yes. North Carolina records are public under the North Carolina Public Records Law, albeit with some exceptions. These exemptions include:

Attorney-client communications
Tax records
Billing information for any services owned by local governments
Criminal investigation records
Trade secrets

Per the law, an agency may separate or redact the confidential parts if applicable. If the entire document contains sensitive information, the government agency is not required to disclose the record.

North Carolina Public Records Act

The North Carolina Public Records Act is a state law that allows the public to access all documents compiled by the agencies of the North Carolina government or its subdivisions while conducting official business. The law is contained in Chapter 132 of the North Carolina General Statutes and permits public access to public records/documents held by government agencies.

Public records are available in various formats, including papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material. Some examples include:

Birth, death, marriage, and divorce records
Property, land, and deed records
Court, criminal, and inmate records
Voter and election records
Business and professional licenses
Campaign finance and lobbying records
State budget and expenditure records
Environmental and health records
Education and school records
Census and demographic records
Legislative and administrative records
Historical and genealogical records

How Do I Find Public Records in North Carolina

Inquirers can access public records in North Carolina by following these steps:

Determine the Type of Record and Its Custodian: The public records custodian is the public official in charge of the office designated to preserve and dispense public records. Depending on the record needed, the custodian may be a court clerk, a register of deeds, a county or city office, a state agency, or a law enforcement agency. For example, if individuals need a court record, the custodian is the clerk of the court in the county where a case was filed. If one needs a marriage license, the custodian is the register of deeds in the county where the license was issued or the North Carolina Vital Records.
Verify the Record's Availability and Means of Access: Not all public records are available online or in person. Some records may be confidential, sealed, expunged, or otherwise legally exempt from disclosure. Some records may be archived, destroyed, or transferred to another location. Some documents may require a fee, form, or valid identification to access the record of interest.
**Making the Request: **Once individuals have verified the availability of a record and its means of access, they can request the record. The request may be referred to as a Public Records Act or Freedom of Information Act request. It must include details necessary to identify the record, such as the name of a person or entity involved, the date and place of an event, a unique identifying number (e.g., a case number or page number), the document type, district, and any other relevant information. This is also required for nationwide searches through government-owned repositories.

Inquirers must also choose a mode of submission (i.e., online, by mail, or in person), follow the submission instructions of the custodian, and provide any required forms, identification, or authorization. For example, if one wants to request a criminal background check for themselves or others, they access the eCourts portal or submit a form and a fee to the clerk of the court in the county where the subject was charged or convicted. On the other hand, individuals requesting a power of attorney record can contact the Register of Deeds office in the county where the document was recorded.

Clarify Fee Structures and Payment Procedures: Some public records may require a fee to access, copy, or certify. The fee structure and payment procedure may vary depending on the record type, the record custodian, and the submission mode.

As such, individuals should clarify fees and payment methods with a record's custodian before submitting a request. For example, if individuals want to obtain a divorce judgment, they may have to pay a fee of $24 for a certified copy. Depending on the custodian, this fee may be paid using cash, check, money order, or credit card.

Individuals can visit the North Carolina Judicial Branch website for more information on how to find public records in North Carolina.

Find North Carolina Public Records Free

Individuals can access North Carolina public records free using these options:

In Person: Individuals can visit a public records custodian's office during business hours to request to inspect or copy records. Custodians must provide access to records promptly unless the documents are legally exempt. The custodians can charge a reasonable fee for the actual cost of duplication but not for the staff time or other services.

Online: Individuals can access various free online public records databases on different government agency websites. Some examples include:

North Carolina Public Records Online: The North Carolina judiciary provides an online platform where individuals can access certain public records for free. This includes criminal records and court case information.
North Carolina Department of Public Safety: The Department of Public Safety offers an online directory of various online public records databases in North Carolina.

What Happens if I Am Refused a Public Records Request?

When a government agency in North Carolina rejects an inquiry for public records, the requester will receive a written explanation from the agency stating the reason for the denial and the legal authority for withholding the records. The requester can then take the following steps to challenge the denial:

Make a more specific request: Sometimes, a request may be denied because it is too broad, unclear, or burdensome. The requester can limit the scope of the request by specifying the type of record or information sought or providing dates and names relevant to the record in question. A requester can also ask an agency to identify available and exempt records. This may resolve the dispute without litigation.
Petition a court for access: If the requester is unsatisfied with the agency's response or does not receive a response within a reasonable time, the requester can file a civil action against the agency to compel disclosure (N.C. Gen. Stat. § 132-9). The requester can seek an order to release the records and reimburse attorney's fees and costs if the court finds that the agency knowingly or intentionally violated the law (N.C. Gen. Stat. § 132-9 (a)). The burden of proof is on the agency to show that the records are legally exempt (N.C. Gen. Stat. § 132-9 (b)).
File a complaint with the Public Protection Section: A requester can also file a complaint with the Public Protection Section of the Office of the Attorney General, responsible for administering the Public Records law and providing guidance to the public and agencies. The complaint should include a copy of the original request, the agency's response, and other relevant documents. The Public Protection Section will review the complaint and contact the applicable agency to seek a resolution. The Public Protection Section does not have the authority to order the release of records, but it can issue an advisory opinion or a letter of finding to the parties.

How Long Does It Take to Obtain a North Carolina Public Record?

The North Carolina Public Records Law does not provide a fixed period for accessing public records but requires that public records be made available "as promptly as possible."

However, the law sets some specific timelines for certain stages of the public records request process, such as the response period for requests and notifications to requesters—generally within 30 days of receiving the request. Still, a custodian may take a reasonable amount of time to fulfill a request. Therefore, the actual time it takes to obtain a North Carolina public record may vary depending on several factors, such as the type, scope, and complexity of the request, the availability and location of the records, the staff and resources of the agency, and any legal issues involved.