You can have access to many public records, if you know where to look and (sometimes) for a fee. The accessibility of public records varies widely from city to city, state to state, and country to country. Legal statutes are different too. Some records that are mandated to be public in one area may not be available to the public in other locations.
Vital Statics
Anyone who is born in the US is issued a birth certificate. Likewise, when you get married and when you die, the information is recorded. These used to be public records, and you were entitled to see them and get copies of them. Due to identity theft you now have to prove that you are the person whose record you’re seeking or a direct relative. If you don’t meet these qualifications, your best bet is to use a site like FamilySearch.org or the death index at Ancestry.com.
Court Records
Some locations make all court records available to the public; others limit access to civil actions. In all cases, the court may seal certain case files at its discretion, and cases involving children are almost always sealed.
Before you start a search of court records, you will need to know which of these records are available to the public in your area and where they are located.
FYI bankruptcy files are kept in the federal locations.
Licenses
If a person has a license issued by a government agency, in most areas is a part of the public record. Doctors, lawyers, nurses, automotive repair dealers, contractors, and cosmetologists are just a few examples of licenses you can find in public records.
Property records
Most real estate records are maintained in a city or county recorder’s office, clerk’s office, or some similarly named agency. Transfers of real property—including grant deeds, quitclaim deeds, and easements—are recorded and made available to the public. These documents contain information such as names of sellers and buyers, description of the property (including the address), and the date the transaction was recorded.
Property records also contain lien information. Construction liens, tax liens, and sometimes, even judgments from civil litigation can be filed against a piece of property. The lien information is added to the property record and remains there forever—even after the lien or judgment is settled and released.
Plot maps: when property is subdivided, the subdivision map must be recorded and preserved for posterity. Lot lines are also recorded.
Lot books keep a record of property values for tax assessment purposes. They contain the number of lot, the number of acres, the name of the property owner, a description of the property, the mortgage number, and the dollar value of the property and improvements. If your city or county has a historical society, contact it to see if it maintains a collection of public records.
There’s one other record that’s related to real estate: tax records. Your area undoubtedly has an assessor’s office, one that values (assesses) property and collects the associated taxes. If property taxes are unpaid or even paid late, the information is noted on the property owner’s record.
Public Works and Planning Records
Building permits and water and sewer records are preserved in case there are deviation from the original permit, or any easement that might be attached to a property.
Whenever a city, county, or state project goes out to bid, the entire bidding process becomes part of the public record. You can request copies of formal requests for bids, specifications, and the bids themselves. Look for departments of engineering, planning, construction, and environmental services.
Public Office Records
Campaign contributions: Candidates running for political office must file reports containing the names, amounts donated, addresses, and occupations of all those who contribute money or in-kind goods or services to the campaign. (An example of in-kind goods or services donations might be office supplies or free printing.) From these reports, you get an ideas of the people and groups that support a particular candidate.
Statement of Economic Interest: In most areas, public figures are required to file a form that reveals their assets and sources of income. They usually have to reveal their spouse’s assets and sources of income too. The reason for this is to prevent a public official from acting on an issue in which there might be a conflict of interest
Other required political reports can include campaign expenditures, campaign disclosure forms (which typically contain information on campaign officials), and reports to be filed by lobbyists.
If you were seeking a statement of economic interest from a city council person go to city hall. If you want a candidate’s statement from a statewide campaign, you would contact an office at the state capitol building.
Probate
When a person dies, the will had goes through the court system and be publicly administered. In other words, a court-appointed official would oversee the divvying up of the estate. All the decedent’s bequests then became part of the public record. Most people with any significant assets transfer all of them into a private trust. Trusts don’t have to go through probate, so the disposal of the estate remains private. However, if someone dies without a trust in place or without a will, and the assets are more than a certain amount, the probate court takes over.
Agendas and Minutes
Every meeting conducted by public officials must contain two things: an agenda and minutes.
Freedom of Information Act (FOIA)
Government secrecy, real or perceived, has led several countries to enact Freedom of Information Acts. Australia, Canada, New Zealand, the United Kingdom, Ireland, and the United States have all passed FOIAs to allow public access to a wide array of government documents.
There is no form to submit when you make an FOIA document request. All you need to do is write a letter to the government agency that has the documents you want, and provide as much information about them as you can. Mark both the envelope and the letter “Freedom of Information Request.”
