Court State Records

Are Court Records Public?

Yes, most court records are available to the public. However, some records are sealed, expunged, or made unavailable through legal methods like classification. This is usually done when details of the case can pose a continued threat or liability to government agencies, companies, or individuals who were victims of a crime.

One example is in cases of juveniles; records often remain unavailable until the offender comes of age. This is done to protect the offender as they were legally a child during their trial. Other common cases are in sexual assault or when company secrets are contained in court records. However, given the provisions of the FOIA, and State Public Records laws, public access to court case information is the norm unless otherwise determined by law or judicial order.

What Information is Provided in a Court Records Search

A court records search provides important information about court cases and judicial proceedings, helping people better understand the US judiciary and the outcomes of certain cases. More than that, it helps persons engaged in legal proceedings — such as those trying to appeal a judgment or those fighting a civil lawsuit — gain access to relevant information and documents. It is for these functions that court records are created.

Court records are a type of public record that is created almost exclusively by the courts and courthouses of the United States legal system. They are created for both criminal and civil cases, and created by local, county, state, and federal judicial entities in the justice system. Court records are created as a way of documenting the goings on of the legal system, as this system serves as the judiciary of disputes, criminal punishment, and arbiter of law in the United States of America.

How Do I Lookup Court Records?

Court records are primarily available online. However, where remote access is not possible, interested parties may visit the courthouse of record creation or the clerk of the municipal government to obtain or study court records. Information in a court record can vary depending on the municipality, with some providing intricate details of cases, while others provide on case names, case numbers, and the type of court in which the dispute, criminal trial, or sentencing took place. Some are free for observation, while others cost money to reproduce and study.

There are several different types of court record. Some examples include:

Court Minutes - Documents that detail the actions recorded during a session of court. They are there to "fill in the blanks" where dockets and indexes detail more poignant moments.

Civil and Arrest Dockets -Dockets are created when a judge or court decides to hear a case. They largely record the current status of the case, and change many times over the course of a trial.

Criminal Dockets -These maintain information on criminal cases, such as circumstances, times, and ongoing statuses.

Civil Dockets - These detail information on civil cases, including ongoing statuses, and dates of note, circumstances, and times.

Equity Dockets - Technically part of civil law, these yield different types of dockets. They refer to injunctions, attempts to force vacancies, breaches of contract, and other such wrongdoings.

Misc Dockets - Refers to court action that is required to settle disputes over voter disqualification, adoptions, divorces, tax foreclosures, insolvency, and more.

Case Files - These typically contain the most usable information from a case, trial, or hearing. They usually include original copies of subpoenas, writs, testimony, publications, and evidence.

Attorney Records - These are documents that detail the actions of attorneys, lawyers, or other legal representatives.

Letters of Attorney - These are letters giving permission for a person to appear in court on behalf of a party which they are to represent in the court proceedings.

Roles of Attorney - These document the name, sponsor, date, and bar admission of the local bar of attorneys.

Orders of the Court - These detail the findings of a court. They are almost always recorded. Executions are typically kept in separate volumes because of their importance.

Judgement Documentation - Rare today, but in some jurisdictions, the court clerk will be required to make an extensive court minute entry on the subject of the judge's judgement.

Jury Records and Files - Juries are the parties of peers that decide if a defendant is guilty or not guilty. Their determination is taken into account when the judge renders his final judgement. Their composition and decisions are a matter of record.

Grand Juries - Grand juries are also called indictment juries. They consist of between 1 and 23 members, and are present during the preliminary hearings to determine if there is enough evidence to proceed to a trial.

Petit Juries - These are also called trial juries. They consist of between six and 12 people. They are an impartial group of peers that hear evidence and arguments to determine reasonable doubt, or guilt, for the defendant.

Witness Documentation - Witness lists show the full names of those that took the stand to offer testimony against the accused in a criminal trial.

Glossary - A glossary of legal terms related to court records.

How to Conduct a Court Record Search by Name

Members of the public can search for US court records by name using the case management feature on the website of the courthouse that handled the case. The name used in the search could be the:

• Record-holder's name
• Names of the parties involved in the case
• Names of attorneys
• Name of the judge(s)

For instance, if a person is searching for cases heard in the Superior Court of San Francisco in California, they'll need to click on "case query," available on the website's homepage. On the next page, they'll fill in the search criteria: the case number, the case name, or the date of the case filing. Following the submission of the query, results based on the specified criteria will be produced. The case number, party name, filing date and time, and other crucial hearing information are provided to inquirers for each search result.

Some courthouses also offer alternative ways to conduct name-based searches, such as over the phone or by mail.

How to Obtain US Court Records Online for Free

Most US courthouses allow members of the public to use their public access computers to obtain court records at no cost. A person will only need to pay a fee if the assistance of a court personnel is required.

Aside from using the public access computers at courthouses, there are other low-cost options for accessing court records. The Public Access to Court Electronic Records (PACER) system is an example. PACER offers access to a vast collection of federal court records and charges a fee of $0.10 per page viewed or downloaded. To use PACER, one must register for an account on their website and obtain a login and password. Afterward, users may search and download court records within their account.

Interested persons can also gain access to court records online at a low-cost using third-party websites. These sites compile court records from various sources and make them available for search and download.

Considered open to citizens of the United States, public records are available through both traditional government sources,and through third-party websites and organizations. In many cases, third-party websites make the search easier as they are not limited geographically or by technological limitations. They are considered a good place to start when looking for a specific record or multiple records. In order to gain access to these records, interested parties must typically provide:

• The name of the person listed in the record. Juveniles are typically exempt from this search method.
• The last known or assumed location of the person listed in the record. This includes cities, counties, and states.

While third-party sites offer such services, they are not government-sponsored entities, and record availability may vary on these sites when compared to government sources.

Types of Courts

Here are the different types of courts in the United States.

Supreme Court of the United States

This is the highest court in the federal system, with the power to interpret the Constitution and federal law and hear cases involving disputes between states and the federal government.

Circuit Courts of Appeals

These are the intermediate appellate courts in the federal system, with the power to review decisions made by the district courts.

District Courts

Trial courts in the federal system, with the power to hear cases involving federal law and disputes between parties from different states.

State Supreme Courts

Highest court in each state, with the power to interpret the state constitution and state law and hear cases involving disputes between parties from the same state.

Appellate Courts

Intermediate appellate courts in the state system, with the power to review decisions made by the trial courts.

Trial Courts

Courts in the state system where cases are first heard, with the power to hear cases involving state law, including criminal cases, civil cases, and family law cases.

Are US Bankruptcy Records Public?

Except where protected by law, most records are considered public and can therefore be accessed by interested parties. Members of the public can obtain copies of a record by contacting the records custodian. Bankruptcy records are court-generated files that provide information on bankruptcy cases filed at a federal court.

Obtaining US Bankruptcy Information

Bankruptcy records provide different types of information, some of which include:

• The type of bankruptcy filed (chapters)
• The status of the case
• Name and address of the debtor
• The case number and filing date

Alongside bankruptcy records, recordings of US liens, contracts, judgments, and writs can be made available to interested and eligible persons on request. However, requestors will be required to provide the information required to facilitate record searches and cover the cost of research and copies (if required).

How to Find Bankruptcy Records

To search for bankruptcy records, interested persons can visit the website of the United States Bankruptcy Court for the district where the case was filed. If a person is unable to find the records they need online, they can contact the bankruptcy court directly and request copies of the records.

Interested persons can order earlier bankruptcy records from the National Archives and Records Administration (NARA). The cost for obtaining uncertified paper copies of bankruptcy documents is $35.00, and $50.00 for certified paper documents.

If a person is unsure which court to check, they can use the PACER system to search for bankruptcy cases nationwide. A PACER account is required to gain access to their bankruptcy records database, and the cost is $0.10 per page viewed or downloaded.

What Shows Up in Judgment Records?

U.S. judgment records are court documents containing the court's decision on a lawsuit following the examination of case facts or a trial. The clerk of courts maintains this judgment record in the court archives, and the case parties will typically have a copy. Interested members of the public can also obtain copies of judgment records based on state sunshine laws, court administrative rules, and the Freedom of Information Act (FOIA).

How to Find Judgement Records

To find judgment records, searchers must identify the courthouse where the trial happened. This court is typically located in the county where the plaintiff filed the case or where the incident happened. Upon identifying the courthouse, the requester must visit the clerk's office during regular business hours to submit a request. The administrative staff will require case information to process the search, such as the case number and litigants' names. Also, most courts charge search fees and copying fees for this service. Another way to obtain judgment records is to send a mail-in request or search online if the court maintains an online database.

Indeed, the information contained in judgment records depends on the case type. Nevertheless, a typical judgment record contains:

• The litigants' names.
• Judgment date.
• A description of the contested issues in the lawsuit.
• The court's final decision based on state laws.

Court Case Lookup Exemptions

While many court cases in the United States are open to the public, there are certain types of information that are exempt from public disclosure. These exemptions are in place to protect sensitive information and the privacy rights of individuals involved in court cases. Some examples are mentioned below.

Juvenile court cases

Juvenile court cases are generally closed to the public in order to protect the privacy of the minors involved. Access to juvenile court records is typically restricted to certain parties, such as the minor's parents, attorneys, and social workers.

Sealed court cases

In some instances, court cases may be sealed by a judge in order to protect sensitive information. Sealed cases may involve matters such as trade secrets, confidential financial information, or personal medical information.

Grand jury proceedings

Grand jury proceedings are typically closed to the public in order to protect the integrity of the investigation and the privacy of the individuals involved. Information about grand jury proceedings is generally only available to the parties involved in the case and their attorneys.

Adoption proceedings

Access to adoption records is typically restricted to certain parties, such as the adoptive parents, the birth parents, and the child (once they reach a certain age).

US Court Docket and Court Filings: Types and Case Information

The purpose of a docket is to determine the current status of a pending case. Most cases see multiple changes as their status changes in the court of the case. There are several kinds of dockets. Some examples include:

• Criminal dockets maintain information on criminal cases, their circumstances, times, and ongoing statuses. The docket here finishes when the case does.
• Civil dockets detail information on civil cases, or cases that do not involve a breach of the law that could involve jail time or fines. Civil cases typically involve a legal dispute between two parties who have engaged in a dispute. One party files a complaint and the other can either submit to legal action or pay the requested fee outright.
• Equity dockets are technically a part of civil law, but often get their own branch in terms of dockets. Equity refers to a set of rulings or remedies that are distinguished from legal ones. They often refer to injunctions, attempts at forced vacation of premises, or breach of contract in relation to requested performance (such as contract work or temporary employment.
• Miscellaneous dockets refer to court action required to settle disputes that do not involve monetary requests, damages, breaches of the law. Instead, these legal proceedings handle issues of voter disqualification, adoptions, divorce records, tax foreclosures, insolvency, estate management, and other breaches of contract that do not technically violate the law, so much as act as a breach of the peace.

These entries represent the majority of docket entries but do not encompass them. For more information, visit a local courthouse and request access to the court docket.

Court dockets can typically be searched online through the court's website or through a third-party service. Some courts may require users to register or pay a fee to access the docket information. In addition, court dockets can be searched in person at the courthouse where the case is being heard.

US Court Transcripts

Court transcripts or court minutes are a documentation of the actions recorded during a session of court. They can refer to the process of trial and adjudication, the arguments presented by both complainant and defendant, or even the details of witness testimony. Where dockets and indexes end, court minutes pick up. They are a recording of the minute details of court proceedings, and "fill in the blanks" where dockets and indexes cover the broad categories and recordings. Court transcripts will cover a variety of topics. For example, in county court, minutes will cover the proceedings of both civil and criminal cases, unless the penalty for the criminal offense was death. They will also detail the names and information for the overseers of the poor, coroners, justices of the peace, jurors, and tax officials. On occasion, the minutes will not be complete, or complete enough, to include the names of all witnesses and jurors, though this is often still the best option for finding such information.

How to Find Case Files

These are often the most valuable and sought after, court records available. A case file contains the most usable information from a case, trial, and dispute of all court records. Information in these documents typically include original copies of subpoenas, writs, testimony, publications, and most importantly: evidence. These details are almost never recorded in the minutes, orders, or docket. These types of court records can vary widely in size. Some contain just a few pages or documents, while others (from larger, controversial, or complex cases) can contain hundreds of pages. Historically, these documents take up so much space that even before digitization and in the internet, they were stored in microfilm. When conducting research on cases of antiquity, interested parties will often have to make use of aging microfilm viewers. Thankfully, most case files now are subject to digitization, and are open to the public on computers or online.

What Shows Up on Attorney Records?

While these records often document the actions of attorneys, lawyers, or other legal professionals, those that represent the plaintiff or defendant do not always have a legal background. Regardless of their profession, attorney records detail the actions of those that represent those either accusing or being accused.

There are two types of record for attorneys.

• Letters of Attorney are permission for a person (or attorney-in-fact) to appear before a court on behalf of the party they are representing. These letters typically contain the representative's or attorney's name, proxy party (defendant or plaintiff being represented), the case they were involved in, and the date at which permission of representation was granted.
• Roles of Attorney are kept in separate volumes of attorneys and represent the local bar of lawyers who are licensed to appear before the court in question. Each "roll" documents the attorney's name, sponsor, and date or bar admission. They can also include the date of death, disbarment, jurisdiction removal, and more. Additionally, students seeking to be legal professionals must provide information. The attorney's address, internship location, school, and official report from the board of law examiners about qualification may also be present. Finally, in some jurisdictions, the attorney's place of birth, age, and parent's names are also included.

Orders of the Court

Orders of the court are, put simply, the findings of the court. They are almost always recorded in all jurisdictions for future reference. One particularly important order of the court recording are executions; these orders are often kept in a separate volume due to their importance. The order of the court is also known as an official proclamation, and can define the legal relationships between the parties present during trial. As such, these court orders must be signed by a judge as a means to verify that the document is factual and accurate to the judge or judges' proclamation.

Judgment Documentation

While rare today, in some jurisdictions, the court clerk is required to make an extensive court minute entry on the subject of the judgment given by the judge. These are usually preceded by an abridgement of the case itself. These are typically used as legal sources for lawyers because of their great detail and thorough description of the judges findings.

Jury Records and Files

The jury represents the group of peers that appear in court to offer judgment to the defendant. While the judge has final say on punishment parameters, the jury is the group of people that decide if there is substantial enough evidence to determine if the accused is guilty. If they find the evidence lacking, they are meant to vote for innocence. These people are selected at random from the populace in a process called serving jury duty. In this way, the American people take part in the judgement of accused parties, making for a more fair and just society. Tampering with a jury is strictly forbidden, and can trigger additional accusations.

There are two types of juries in modernity.

• Grand Juries, also called indictment juries, consist of between one and 23 members of the populace, and are present during a preliminary hearing court to determine if evidence presented to prove a person's guilt is justified. They can also rule in the opposite direction.
• Petit Juries, or trial juries, consist of between six and 12 people. They are meant to act as an impartial group of peers to hear evidence and arguments to determine if reasonable doubt exists, or if a defendant is guilty of what they are accused.

Witness Documentation

Witness lists show the full names of those that took the stand to offer their testimony against the accused in a criminal trial. These lists may occasionally include further information, such as the age, race, gender, and addresses of witnesses as well. These lists were originally formed around the idea of providing information on ancestral connections (family) of the witnesses in case any bias was found. While today they serve mostly a record keeping purpose, they still persist, and are almost always present.

Small Claims Court

Small claims are cases involving minor money disputes where the petitioner seeks monetary compensation for personal injury, damage, or loss of property. Generally, dedicated small claims courts are created to handle these cases, but it is common for small claims courts to be subdivisions of other courts.

The trial system in small claims courts is different from regular civil courts. Unlike civil courts, small claims courts in the US encourage self-representation and even provide resources that intending litigants may use to prepare for trial. The rules of court procedure are also less complex, further facilitating self-representation for persons without professional knowledge of the court system.