13 Aug
2007
Requesting for Public Records

People go to agencies or check out sites online to request for public records. The reason for this varies – to perform background checks, to confirm information, to obtain data, etc. Are you about to request for a document or information stored as a public record? Here are ways to handle your request:

Get in touch with the appropriate office.
There are many agencies that provide public records. All you have to do is to know where to look for them. Depending on the type of public record you’re requesting for, you’ll have to go to specific courts or agencies. Criminal records, for example, have to be checked with criminal courts, bankruptcy records with a bankruptcy court, and so on. If you need to check land records, you’ll have to check with state lands agencies.

Check your state laws as well. Although almost anyone can access public records, some states might have certain limitations. Certain information and documents considered as public record in some states, for example, may not be considered as such in other states.

Will you be charged?
If you will be requesting for a copy of the public record, you will be charged. This charge is limited to photocopy fees, cost of personnel time and equipment. You will not be charged for the search.

Requesting public records
In most cases, requesting to view public records doesn’t often require that you need to prove that they are relevant. Meaning, you don’t have to inform the custodian what your purpose is. In fact, the request doesn’t even have to be made in writing. You will also have to make the request during regular office hours.

However, if you will be using the public record for commercial use or will be viewing public records of high historical value, you will need to state your purpose in writing and send this letter of request several days (or even weeks) before the search. If you prefer to do the search yourself, you will also have to do this during office hours.

When your request might be denied
The only time your request may be denied is when the custodian finds any reason why the record must be kept from view. However, that reason must rest on authorized grounds. Certain documents, such as research records, donor information, student records and records involving minors are often kept confidential.

Another reason why some records might be kept from public is if the release might invade someone’s personal privacy, which could outweigh the need and right of the public to know. If it is also detrimental to the city’s, town’s or state’s interests, the record may also be kept confidential. Certain government records may also be treated in the same manner.

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Category Category: Legal Stuff


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