What Are Public Records? How to Get Access to Any Record

The period before 1966 was characterized by limited transparency and accountability in the United States. The government operated with a high degree of secrecy, which made citizens like us feel as if we were detectives embarking on an elusive quest.

Then, in 1966, the Freedom of Information Act (FOIA) was passed in the United States. It ensured that government documents and information must be accessible to the public via public records. The aim was to increase trust in the government by allowing citizens access to information on the government's conduct.

As data grows and security threats become more prevalent, organizations can no longer rely on outdated methods for managing public records. Implementing public records management software can help organizations address the rising demand for efficient and secure access to records.

This article will explore the different types of public records, their importance, and the accessibility options available to the public.

Remember, though, that different states have their own laws about what constitutes a public record, so you should contact your state’s government agencies for specifics.

Importance of accessing public records

Accessing public records enhances transparency and accountability in government and public institutions, thereby enabling individuals to make informed decisions about their government during elections.

For instance, by accessing campaign finance information, you can comprehend the actions of your representatives and make an informed choice of government. Once elected, access to public records can also help you hold elected officials accountable and ensure that their actions align with your best interests.

Researchers depend on public records to study the social sciences, economics, public policy management, and more. They provide valuable data by analyzing trends, assessing government programs, and developing evidence-based policies.

Public records are crucial for legal and business needs. Lawyers, investigators, and researchers rely on them to collect evidence, conduct financial analysis, perform due diligence, verify information, and support legal proceedings. Likewise, businesses depend on public records to assess market conditions, evaluate partners or competitors, and make informed decisions.

Moreover, access to public records ensures the protection of individual rights and privacy. Public records often include information on property ownership, court cases, criminal records, and government actions. By accessing and reviewing these records, individuals can verify the accuracy of the information, correct errors, and challenge any unlawful practices that may infringe upon their rights.

11 types of public records

Many government and private institutions create and maintain public records to help the public obtain necessary information and promote transparency.

Before you begin, you must understand which type of public record you’re looking for. This can save hours of searching. Each state and country has a different records management process, so identifying the category you need gives you a head start. 

Vital statistics

Vital statistics refers to the quantitative data the government collects to help manage various programs, distribute money, and communicate with its citizens. Government officials use this info to make decisions for the public. 

The census is a famous example of vital statistics, tracking data on births, deaths, property ownership, taxes, diseases, voting, and military service. 

Laws and regulations

Individuals and organizations must know the laws and regulations they must follow. The process of forming laws and regulations is open to public scrutiny, and the records about whether individuals and organizations follow these laws and regulations are also shared. 

Journalists access these public records to gain information on various matters, such as judicial decisions, legislative proposals, and other important issues.

Court proceedings

The U.S. legal system is respected because courts do their work under public scrutiny. If an institution or individual goes to court, their case and any charges against them become a matter of public record unless a judge seals the record.

This means that the public can access information about witnesses, evidence, and everything that happens in court. Documentation of court activities helps ensure that the legal system is fair and transparent.

Criminal justice records

The agencies responsible for policing society at the local, state, and federal levels work under public scrutiny. This means that information about arrests is available to the public, and nobody should be taken into custody without a record.

The public can access police calls for service as well as jail logs. When certain criminals are released, public records mention where they live and the type of supervision they’re under.

Educational records 

Educational records contain information related to a person's educational experience. They are maintained by schools, colleges, and universities and are protected by privacy laws.

Educational records include grades, transcripts, attendance, disciplinary actions, standardized test scores, and personal information. 

Evaluation reports of government programs

Organizations like the federal government accountability office or state auditors' offices thoroughly investigate how government programs work and create evaluation reports. These reports provide unbiased information about government programs' efficiency and effectiveness. They’re crucial because these kinds of investigations are prohibitively expensive for news organizations, political parties, or candidates. 

Health records 

Health records contain information about an individual's medical history, procedures, diagnoses, treatments, or medications. They’re subject to strict privacy regulations under the Health Insurance Portability and Accountability Act (HIPAA) and General Data Protection Regulation (GDPR) in the United States. Certain circumstances may warrant making medical documents available to the public, such as for research or in response to a court order.

Financial information of various institutions.

Profit, nonprofit, and public institutions keep records of their financial statements and activities. Government agencies, like the Internal Revenue Service (IRS), the Federal Deposit Insurance Corporation (FDIC), and the Securities and Exchange Commission (SEC), oversee these records, which are usually available to the public to ensure accountability and trust in the financial system.

Finance records of political campaigns 

Even though Supreme Court rulings have made it harder to see where campaign funds come from, governments still make information about political donations available to the public. The Federal Elections Commission (FEC) has an extensive database of campaign contribution information to ensure transparency in the political process.

Property records

Property records include information about real estate like property deeds, mortgages, building permits, building code violations, and ownership transfers. Local government offices maintain property records for public access and review.

Licenses

Governments generate revenue by issuing licenses, which are required for almost every enterprise. The licenses are extensive and diverse. For example, professions like doctors, engineers, lawyers, and teachers often require different licenses. The system helps ensure that professionals and businesses meet standards and regulations. 

However, certain types of records created by private individuals, businesses, or other entities that are legally and financially part of the commonwealth are certainly not considered public records by most state laws.

How to access public records

Acquiring public records can pose challenges due to the diverse retention periods associated with the available records. Two main types of public records are classified based on their retention periods:  permanent and temporary. Permanent records are retained for the long term, while temporary records may be discarded if deemed irrelevant. 

Public records are typically held at designated facilities known as Places of Deposit (PODs), which store original records from local and state government agencies. There are two types of PODs: Class A and Class B. Class A PODs store both permanent records, such as birth and death certificates, property deeds, marriage licenses, and court judgments, as well as temporary records. On the other hand, Class B PODs are only permitted to store temporary public records, such as utility bills, public meeting minutes, and payroll records.

Before initiating a public records search, it's crucial to determine the specific information you require. Developing essential skills to refine your search and filter out extraneous information is vital for effectively navigating this process. It's important to note that conducting such searches independently can be time-consuming, potentially taking weeks. Therefore, gathering the necessary basic information beforehand is essential to avoid wasting valuable time. 

Navigating the intricacies of a public records request demands a specific skill set. Thankfully, resources are available to assist you in initiating your public records search, which can vary based on the laws and regulations in your state.

Who can request public records?

The FOIA stipulates that public offices should make records available once a formal request is received. Anyone can request public records by simply asking for them, although it is advisable to request access politely. Usually, the request can be made in any manner the requester chooses: by phone, in person, or an email or letter. 

A lot of government agencies offer online request forms to help individuals request public records. Governments that utilize public records software, citizen request management tools, or open records portals tend to have a more transparent access process. 

Some governments may require people to appear in person to request public records, and some states may require you to be a resident of that state to make a request.

Although public records are meant to be freely accessible, fees may apply to access them, particularly for hard copies.

How much do public records cost?

A fee is charged for retrieving public records. The cost of obtaining public records varies across the country, with some states having a state-wide fee schedule that government agencies must follow. In contrast, others, like Alabama, leave it up to the agency to determine a reasonable fee.

Some government agencies charge a flat hourly rate based on the time spent searching, reviewing, and redacting public records. In Rhode Island, there is a search and retrieval fee of $15 per hour, applicable after the first hour, whereas, in Colorado, the corresponding fee is $30 per hour. Some also charge for printing public records or the labor involved in their retrieval.

On the other hand, states like California, Illinois, Ohio, Pennsylvania, and Washington prohibit the collection of fees for public records and may only occasionally impose charges for specific types of records or under certain circumstances.

You must research the process in your state or jurisdiction before requesting so you understand any potential fees or requirements in advance.

Accessing public records for free 

Accessing public records for free can be a valuable resource for obtaining information. Here are some common methods you can explore.

• Many government agencies have websites that make public records available online. Use your federal, state, or local government's website and search for the public records section.
• Some private websites, such as Instant Checkmate and Truthfinder, offer free access to public records. These help you obtain public records more conveniently than government websites.
• Use your database of local libraries or courthouses that keep records of all proceedings in their archives. 
• Use a search engine that focuses on finding public records, like Pipl. Remember to make the query as precise as possible to find exactly what you need.
• You can request information from the public agency that holds the records by email or letter.

Enforcing public record laws

Enforcement of public record laws differs from state to state. However, in many states, attorney generals are tasked with overseeing and enforcing compliance with public record laws by state agencies. In states where attorneys generally lack enforcement authority, you may file a civil suit if denied access to public records.

If a state agency intentionally violates public record laws, attorneys general may initiate a lawsuit to enforce compliance. Furthermore, attorneys general are accountable for establishing policies and procedures that guide state agencies on public record laws. This ensures that state agencies maintain and share public records in compliance with the law.

Shuffling through the documents

United States' foundation lies in the principle of 'we the people,' and access to public records fosters a society where information is readily available and decisions are made in the people's best interest.

By familiarizing yourself with different types of public records and the methods to access them, you can actively participate in democratic processes, safeguard your rights, and contribute to a transparent and accountable society.

Embrace technology to streamline your interactions with local and state governments using citizen request software.

This article was originally published in 2023. It has been updated with new information. robust