North Carolina Court Records
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Are Wake County Records Public?
Yes. Government records maintained by public agencies in Wake County are deemed public subject to the North Carolina Public Records Law (N.C.G.S. Chapter 132), which declares that public information and records gathered by North Carolina government agencies or their subdivisions may be inspected or copied by members of the public.
Under the statute, public records may include all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other materials, irrespective of physical form or characteristics. It also includes materials created or received in the conduct of public business by any agency. Some examples include Wake County court records, vital records, property records, and criminal records.
What is Exempted Under the North Carolina Public Records Act?
North Carolina's policy is to make information regarding government operations accessible to the general population. However, though public records and information created by North Carolina government agencies or their subdivisions belong to the people, the public records law exempts certain records from required disclosure. This aims to achieve a balance between the requirement for confidentiality or nondisclosure in relevant situations and the rights of the people to obtain records.
The following records or information may be exempt from public disclosure in North Carolina:
- Documents that include specific communications between lawyers and their government clients
- Trade secrets (N.C.G.S. § 132-1.2)
- State tax information (N.C.G.S. § 132-1.1)
- Criminal investigation records N.C.G.S. § 132-1.4)
- Records related to industrial expansions (N.C.G.S. § 132-6(d))
- Personnel files of state, county, and municipal employees
- Certain lawsuit settlements (N.C.G.S. § 132-1.3)
- Social Security number or a portion thereof
- Driver’s license number
- Account numbers for electronic payment.
Certain parties, such as the record subject, their legal representatives, or government officials for an official purpose, may access exempt records even if general disclosure may be prohibited.
Wake County Public Record Search
Before sending a request for a record, the requestor should know the type of record sought and what agency is directly responsible for maintaining such record. This will prevent unnecessary delays or the rejection of a public record request.
Once the appropriate agency or custodian and the record sought have been determined, record seekers may contact the agency to make a request. For instance, to find a property record, one may contact the Wake County Register of Deeds Office. Requests may be made in person, via phone, or online. Record seekers may be required to provide basic information, such as the name of the record subject.
Wake County also provides a Public Record Request online page through which the public may submit requests for public records remotely. To make a request, provide a description of the request, ensuring that all information that could help fulfill the request is entered. Upload documents necessary to complete a search where required. Select a department, and fill in the personal information section. Click on "Make a request".
Record seekers should, however, note the following:
- Be as specific as possible with details such as names, dates, keywords, or descriptions of events that can help expedite the search.
- Provide a valid email address or contact information.
- Do not include sensitive personal information, such as social security numbers, with the request.
- Where the name of the record is unknown, provide as much detail as possible.
Find Public Records For Free in Wake County
Individuals may look up public records for free by contacting the office of the record's custodian in person during working hours. People can also view records for free by utilizing other no-cost options provided by the appropriate agency.
Alternatively, members of the public who desire to find public records at no cost may utilize the online services provided by third-party websites. These third-party websites are independently owned and compile several public records from sources such as government agencies. One may begin looking for public records via these websites because of their extensive databases, which may help with searches throughout the United States and even across different areas. Furthermore, these search portals may only require the user's first and last name to conduct a search.
Individuals who choose to perform an exhaustive search, however, might have to pay for a subscription. Additionally, users should verify the records obtained through these websites because record accuracy and completeness may differ.
How to Remove Information From Public Records Free
Under N.C.G.S. § 132-1.10(f) for the redaction of personal information, a person can request the removal of personal information, such as Social Security numbers or driver's license numbers, from a public record in Wake County, North Carolina. One may only request for the redaction of their own personal information.
To request, download and complete the Personal Information Redaction Request Form. The request must be submitted in writing to the Register of Deeds and may be delivered in person, by mail, fax, or electronic transfer. The request must specify the personal information that is to be redacted, in addition to identifying the document and the page in which their Social Security number, employer taxpayer identification, driver's license number, state identification, passport, bank account numbers, PIN numbers, and passwords are contained.
Who Can Access Wake County Public Records in North Carolina?
Under the North Carolina Public Records Law, the public records and information gathered by North Carolina government agencies or their subsidiaries belong to the general public. Hence, any individual has the right to inspect, examine, and get copies of public records in North Carolina, and there's no need to disclose an identity or provide a reason or purpose for the request. The law does not specify a procedure and there is no specific form provided in the law.
What Happens if I Am Refused a Public Records Request?
While members of the public may have access to public records in Wake County, custodians may deny or reject a public record request for several reasons, including:
- The request is made to the wrong custodian or agency
- The record requested simply does not exist
- The request is too vague or the requestor does not clearly identify the records sought.
Any individual who is denied access to inspect, examine, or copy public records may file a civil action in court against the government agency or official who denies access or copies. N.C.G.S. § 132-9 requires that courts set immediate hearings for public records suits and give hearings of these cases priority over other cases. If the court finds that the person seeking the records is entitled to them, it may order the agency to allow inspection or provide copies.
