North Carolina law provides a right of access to all court records, both civil and criminal, in both the general public records law, N.C. Gen. Stat. Permanent public records that transfer to the State Archives from creating offices are available for research, unless they are considered confidential due to state or federal law or sealed by a court order. If you would like to help our coverage grow, consider donating to Ballotpedia. The North Carolina Public Records Law is designed to guarantee that the public has access to public records of governmental bodies in North Carolina. § 132-1.3. However, if the search is expansive and requires a great deal of staff time, an additional special fee may be charged.[25]. Court of Appeals | Search the General Statutes. Anyone may request public records in North Carolina. Disposition of records at end of official's term. See chapter 132, section 1 (b) of the North Carolina General Statute, (N.C. Gen. Visit or take a virtual tour of the new exhibit celebrating the Supreme Court at the North Carolina Museum of History through September 2020. North Carolina's Open Meetings Law was originally enacted in 1971. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; North Carolina elections in 2020 | § 132-1.16: Reserved for future codification purposes. Use this page to navigate to all sections within Chapter 132. (A list of records considered confidential are outlined in the law.) | Locate contact information for state agencies, employees, hotlines, local offices, and more. The State Archives of North Carolina documents the state’s rich history by collecting and providing access to public records of statewide historical value. Electronic data-processing and computer databases as public records. Financial regulation | Settlements made by or on behalf of public agencies, public officials, or public employees; public records. Limited access to identifying information of minors participating in local government programs and programs funded by the North Carolina Partnership for Children, Inc., or a local partnership in certain localities. § 132-8.1. Election governance | "[6], Records include all documents, no matter the physical form, "made or received pursuant to law or ordinance in connection with the transaction of public business by any agency."[7]. Posted on February 24, 2014 by Jessica Smith ; , , , , , , Are Mug Shots Public Records? Any citizen is permitted to submit a request to North Carolina. 1 Qualified exception for geographical information systems. § 132-1.4. stating that public records are the property of the "the … Federal courts | Under the North Carolina public records law, government records are subject to public access unless an exception says they’re not. The first statute was passed in 1935. § 132-1.3A. There are no restrictions on the type of records citizens are allowed to request. Judicial Selection | Confidential communications by legal counsel to public board or agency; State tax information; public enterprise billing information; Address Confidentiality Program information. § 132-1.14. If the court rules that access was denied improperly, it will order the agency to disclose the records. To learn more about how to make a public records request in this state, please see North Carolina FOIA procedures. Destruction of records regulated. The North Carolina Public records law contains no requirements or procedures for administrative appeals in instances where access to public records is denied. Public Records… This law focused on the duty of … Time limitation on confidentiality of records. § 132-10. Public Records. Ballot access for parties | §132-1., I am requesting an opportunity to inspect or obtain copies of public records that [Describe the records or information sought with enough detail for the public agency to respond. State constitution, Courts in North Carolina | Chapter 132 of North Carolina General Statutes (NC Public Records Laws) provide for the preservation and production of public records by the relevant agencies, and regulated access for the public to these records, regardless of physical form. (a) "Public record" or "public records" shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of … Click here to contact our editorial staff, and click here to report an error. North Carolina public agencies are required to provide access to records under the state Public Records Act (Chapter 132 of the North Carolina General Statutes). Additionally, information can be exempt from a record request. For un-certified copies, the department may charge only the actual cost of duplication not including the labor involved. § 132-1.7. Redistricting, List of North Carolina ballot measures | What's on my ballot? Posted on May 22, 2013 by Jeff Welty [], , , ... North Carolina Criminal Law at the School of Government with the University of North Carolina at Chapel Hill. Email can be a public record, if it is made or received by a state employee in connection with State business. Ballot access for candidates | North Carolina is one of 17 states that sets no absolute deadline for government agencies to fulfill FOIA requests. Public records, as defined in N.C.G.S. We do not have any legislation for North Carolina in 2011. Superior Courts | Local measures | § 132-7. The main statutes that define the scope of the law are contained in Chapter 132 of the North Carolina General Statutes (hereinafter G.S.). The law’s broad definition of “public records,” as interpreted by the courts, covers any record, regardless of format, made or received in the transaction of public business. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Energy | The court records statute requires that all records be open to public inspection, except as prohibited by law. § 132-1.8. Non-Standing, Interim and Study Committees. Sensitive public security information. [3], A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave North Carolina 34 points out of a possible 100, a letter grade of "F" and a ranking of 40 out of the 50 states. The latest amendments to this law came in 2005, with the Private agency, public dollars-North Carolina, List of who can make public record requests by state, States Failing FOI Responsiveness, National Freedom of Information Coalition, October 2007, https://ballotpedia.org/wiki/index.php?title=North_Carolina_Public_Records_Law&oldid=7832239, Tracking election disputes, lawsuits, and recounts, Ballotpedia's Daily Presidential News Briefing, Submit a photo, survey, video, conversation, or bio. § 132-1.4A. If anyone is charged a fee that the requester believes is excessive, the requester may ask the information resource Management Commission to mediate the dispute. 132-1.3A. This is a template form for requesting public records in North Carolina. Coats v. Sampson County Memorial Hospital, Inc. established that the North Carolina Public Records Law applies to all private entities that perform governmental functions. § 132-1.10. Please read the caveats for more information. Wills and Estates View the Wills and Estates Help Topic. § 132-1.18: Reserved for future codification purposes. Law enforcement agency recordings. § 132-3. § 132-1.20: Reserved for future codification purposes. This document is intended to offer guidance to government employees about the management and retention of metadata under North Carolina’s public records laws and state and federal discovery rules for civil litigation. The definition of public body presumably includes public universities within the state. This book reviews and explains the principal public records statutes applicable to records held by North Carolina local governments and examines the public’s right of access to those records. North Carolina is one of seventeen states that sets no absolute deadline for government agencies to fulfill FOIA requests. (a) Records of criminal investigations conducted by public law enforcement agencies, records of criminal intelligence information compiled by public law enforcement agencies, and records of investigations conducted by the North Carolina Innocence Inquiry Commission, are not public records as defined by G.S. § 132-11. SL 2019-156 ( H620 ) G.S. State executives | For more information, view About North Carolina public records law or NCAOC public records policies and procedures. Please email us if you would like to suggest a revision. Electronic lists of subscribers open for inspection but not available for copying. Preserve public records in North Carolina in 2011 judicial community of North Carolina public using. To inspection by `` any person by or on behalf of public agencies, employees, hotlines local! We actively prosecute officials who violate the public to have access to public board agency... 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