North Carolina Public Record Law
The North Carolina Public Records Law is a set of laws that governs how public records are disseminated upon request. It is outlined in Chapter 132 of the state's General Statutes (G.S). The North Carolina Public Records Law gives the members of the public the right to inspect or obtain copies of public records and information compiled by agencies of the state government or its subdivisions.
Where Do I Submit a Public Record Request in North Carolina?
Public records requesters in North Carolina may submit their requests to designated record custodians of the relevant government agencies in the state. An agency's public record custodian is typically an employee who allows members of the public to inspect or copy public records maintained by their office. They may be contacted through the North Carolina government organizations' directory.
How Do I Request Public Records in North Carolina?
While the state's public records law does not describe any particular procedure for requesting public records, the following steps are typically required to request copies of public records in North Carolina:
- Identify the state organization/agency in the custody of the records
- Contact the record custodian and inquire about the requirements
- Prepare the request as advised by the custodian and make sure to provide detailed information to help facilitate the search
- Submit the public record request to the agency through the record custodian. This may be submitted in person, by mail, or by email.
In North Carolina, public records requesters are not required to state their intended use of the records. However, they may be required to pay some fees to obtain copies of those records. While some agencies of government in the state receive public records requests through dedicated online portals, interested parties may also find certain North Carolina public records on credible third-party sites.
What Records are Public in North Carolina?
While North Carolina government agencies keep a broad range of public records, the following are the commonly requested public records in the state:
- Government Financial Records - To ensure transparency in government financials, the state and local governments make their revenues, expenditures, receipts, leases, disbursements, financial reports, and contracts publicly available.
- Property Records - These generally include deeds, tax records, Zoning, building permits, mortgage records, plat maps, property details, property ownership history, and lien information.
- Law Enforcement Records - In North Carolina, public law enforcement records include incident reports, arrest records, arrestees' written statements, accident reports, warrant information, and jail roasters.
- Vital Records - These include records of marriage, birth, death, and divorce that happen within the state's borders.
- Judicial Branch Records - Publicly available court records in North Carolina include transcripts, bankruptcy filings, dockets, attorney lists, minutes, orders, witness lists, jury records, case files, and judgments in civil and criminal cases. These documents/information are typically held at the state's District and Superior Courts.
Who Can Request Public Records in North Carolina?
Per Section 132-6 of the North Carolina General Statutes, any individual may inspect and request copies of public records. The right to request public records in the state is not limited to constituents of an agency or citizens.
What Is the Response Time for Public Records Requests in North Carolina?
The North Carolina Public Records Law does not specify a timeline within which an agency must respond to a public record request. However, the law requires record custodians to permit record inspection at reasonable times and under reasonable supervision. Similarly, requesters are expected to be provided with copies of requested public records as soon as practicable.
What Is the Fee Charged for Providing Copies of Public Records?
Per Section 132-6-2(b) of the North Carolina General Statutes, except as permitted by state law, no government agency in the state may charge public record requesters a fee for uncertified copies of any public record that exceed the actual cost of producing the copies. Records maintained online and downloadable on most agency's websites are generally not charged.
Public agencies in North Carolina may not charge individuals for inspecting public records in their custody. Where producing copies of public records in North Carolina involves considerable supervisory or clerical assistance, an agency may charge the requester a special service fee in addition to actual copying fees.
What Records Are Exempted Under the North Carolina Public Law?
There are several exemptions to the North Carolina Public Records Law. As stipulated in the various sections of the state's General Statutes, Chapter 13, the following are some of the records that are not open for public disclosure in North Carolina:
- Trade secrets
- Sensitive public security information
- Certain law enforcement criminal investigation records
- Local and state tax information
- Social security numbers and individuals' other personally identifying information
- Criminal intelligence information records
- Emergency response plans adopted by public hospitals or educational institutions
- Public utility customers' personally identifiable information