What are public records in the US?
Definition
Public records are documents held by government bodies that, with some exceptions, the public has a legal right to see. They can include court files and other records that hold personal details about you.
- Category
- Data
- Also called
- public records, public record
- Last updated
There is no single list of "public records" in the US. Federal and state governments each have their own laws.
Federal records
Since 1967, the Freedom of Information Act (FOIA) has given the public the right to request records from any federal agency. Agencies can withhold material that falls under one of nine exemptions, which protect interests such as personal privacy, national security and law enforcement. FOIA covers federal executive branch agencies only. Congress is not covered.
State records
All state governments have their own FOIA-type laws, so what you can see, and what is kept private, depends on the state. Court records are a common case: PACER provides online access to US appellate, district and bankruptcy court records.
Your own records
The Privacy Act is the other side of the coin. It requires federal agencies to be fair in how they collect, keep, use and share records about citizens and permanent residents, and generally stops an agency disclosing a record without your written consent.
Why it matters to your privacy
A privacy interest can exist in information that is technically public, and courts have recognised it where the information is "practically obscure". Practical obscurity is exactly what disappears when records are collected and put on a website. A filing sitting in a courthouse is hard to find. The same filing, matched to your name, address and relatives on a people-search site, takes seconds.
Example
Someone looks you up on a site that pulls from property and court records. It shows your address history, the people you've lived with and a lawsuit from years ago, all gathered from separate offices that you would each have had to visit in person.
How to protect yourself
- 1
Find out what your state and county publish
Search your county's property, court and voter record pages for your name, and note what shows up.
- 2
Ask about sealing, redaction or address confidentiality
Some courts and states allow records to be sealed or an address to be kept confidential, for example for safety reasons. Ask the clerk of the relevant court or office.
- 3
Opt out of the sites that copy the records
The government record usually stays, but the people-search listings that republish it can be removed. Each site has its own opt-out. Serus finds where your address and phone number are listed and removes them.
- 4
Check again later
Sites refresh their data from the same records, so a listing you removed can return. Search for yourself every few months.
See where your personal data is exposed
Serus finds it on data brokers and people-search sites and removes it.
Frequently asked
Are public records free to access?
It depends on the agency. Some give free access, others charge copying or search fees. FOIA lets you request federal records, and states have their own rules.
Can I remove my information from public records?
Usually not directly. You can ask about sealing or redaction in certain cases, and you can remove the copies republished on people-search sites.
Is it legal for websites to publish public records?
Generally, republishing public information is legal, which is why removal is by each site's opt-out process rather than by law. Rules differ by state, so check yours.
Sources
Something wrong or out of date? Tell us and we'll re-check it.