Are Closed Cases Public Records in the USA?

Question from Mike, Are Closed Cases Public Records in the USA?

Answer from AI:

In the United States, the general rule is that closed cases are considered public records. This means that, with some exceptions, the documents and information from concluded legal proceedings are accessible to the public. However, the extent of access can vary based on the type of case, the jurisdiction, and specific privacy concerns.

Access to Different Types of Closed Cases

• Criminal Cases: Most documents in a criminal case become public after the case is closed. This includes the indictment, plea agreements, and the final judgment. However, certain records may be sealed or expunged, meaning they are not available to the public.
• Civil Cases: Similar to criminal cases, filings in civil cases are generally public. This includes complaints, motions, and court orders. Settlement agreements, however, may be kept private if the parties agree.
• Family Law Cases: Cases involving family matters, such as divorce or custody, may have restricted access to protect the privacy of the individuals involved, especially children.
• Juvenile Cases: Records in juvenile cases are often sealed to protect the privacy of minors.

Exceptions to Public Access

There are several exceptions to the public’s right to access court records. These exceptions are typically designed to protect privacy, national security, and proprietary business information, among other interests. Some of these exceptions include:

• Sealed records, which a judge has determined should be kept confidential.
• Expunged records, which have been legally destroyed or removed.
• Records containing sensitive personal information, such as Social Security numbers or medical information.
• Records pertaining to ongoing investigations or containing information that could compromise national security.

How to Access Closed Case Records

To access closed case records, you can typically:

1. Visit the courthouse where the case was heard and request access to the records.
2. Use online databases provided by the court or third-party services, although these may not be comprehensive or up-to-date.
3. Submit a written request or formal motion to the court, especially if the records are not readily available.

Legal Advice and Further Assistance

While closed cases are generally public records, there may be nuances and legal complexities involved in accessing certain documents. If you encounter difficulties or need to understand your rights regarding sealed or expunged records, it is advisable to consult with a legal professional. An attorney can provide personalized advice and help navigate the specific procedures of the jurisdiction in question.

For more information on accessing court records, you can visit the U.S. Courts website or the website of the specific court where the case was heard.

Remember, while this information provides a general overview, laws and regulations can change, and there may be exceptions based on individual circumstances. Always consider seeking legal advice for matters specific to your situation.