Why Court Records Are Public
The principle of open courts is fundamental to the American legal system. With limited exceptions, court proceedings and the documents filed within them are public record. This transparency allows citizens to monitor the justice system, conduct due diligence, and exercise their legal rights. Most court records — including civil complaints, criminal dockets, judgments, and appellate opinions — are available to anyone who asks.
What Types of Court Records Exist?
Court records span multiple levels of the judiciary. Common types include:
- Criminal records — charging documents, plea agreements, sentencing orders, probation records
- Civil court filings — lawsuits, motions, judgments, settlements (when on the record)
- Family court records — divorce decrees, custody orders, adoptions (often partially sealed)
- Probate records — wills, estate inventories, guardianship filings
- Bankruptcy filings — petitions, schedules of assets, discharge orders
- Appellate opinions — written decisions from state and federal appeals courts
Online Access: Where to Search
Many jurisdictions now offer online access to court records through official portals:
- PACER (pacer.gov) — The federal court system's online access portal for U.S. District, Bankruptcy, and Appellate courts. A small per-page fee applies, though many documents are free.
- State court websites — Most state court systems have a unified portal (e.g., "eCourts," "CourtConnect," or "Case Search") offering free docket lookups.
- County clerk websites — For trial-level civil and probate records, county clerk offices often maintain searchable online indexes.
Search capability varies widely. Some systems allow full-text searches; others only allow searches by party name or case number.
In-Person Access at the Courthouse
For records not available online — especially older paper filings — you'll need to visit the courthouse in person. Here's how to approach it:
- Identify the correct courthouse. Determine which court (and which county) handled the case. Trial court, appellate court, and specialty courts (family, probate) are often housed separately.
- Go to the clerk's office. The clerk of court is responsible for maintaining case files. Ask for the records room or public terminals.
- Search by name, case number, or date. Bring as much identifying information as possible.
- Request copies. You can typically get paper copies for a per-page fee (usually $0.10–$1.00 per page). Certified copies cost more.
What May Be Sealed or Restricted
Not all court records are fully public. Common restrictions include:
- Juvenile court records (generally sealed)
- Adoption records
- Mental health and substance abuse commitment proceedings
- Expunged or sealed criminal records
- Cases involving victims of sexual assault (identifying information redacted)
- Active law enforcement investigation materials
Criminal History vs. Court Records: An Important Distinction
It's worth noting that a court record reflects what was filed in a specific case, while a criminal history record (or "rap sheet") is a compiled summary of a person's arrests and convictions across multiple cases and jurisdictions. Criminal history records are maintained by state law enforcement agencies and the FBI's National Crime Information Center (NCIC), and access to them is more restricted than access to individual court case files.
Tips for Efficient Searches
- Always try the official state or federal court portal before using third-party aggregators
- Search variations of a name (maiden names, nicknames, middle names)
- Note the case number when you find a match — it's your fastest search key going forward
- Call the clerk's office ahead of in-person visits to confirm hours and procedures