What’s Included in Public Record?

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When you want to learn more about someone, a quick online search of their name is often the first step. In many cases, the results include various public records.

However, the information found in public records is not the same as what appears in a comprehensive background check, such as those used for employment screening. Below, we explore what public records typically contain and what the term really means.

What Is a Public Record?

The term “public record” refers to information filed or recorded by a public agency. These records are created by federal or local government bodies, and in some cases by individuals themselves. The definition can also extend to communications between state agencies and lawmakers.

While public records are often stored in physical files, they are increasingly accessible online. That said, “public” does not always mean free or effortless to obtain. State policies govern which details are available and how they can be accessed.

A public record is never considered confidential. When most people search for public records, they are usually looking for information about a specific individual. Not every government-held document qualifies as public, however. Tax returns, juvenile court records, and school files, for example, remain private despite being maintained by government agencies.

Federal Public Records and FOIA

A key piece of legislation in this area is the Freedom of Information Act (FOIA). Enacted in the 1960s, FOIA primarily applies to federal agencies and requires them to operate transparently. Every state also has its own public-records law covering state-level agencies.

Under FOIA, any individual may submit a request for federal records. Agencies are legally obligated to respond promptly, though certain exceptions apply. This framework ensures a baseline of governmental openness while protecting sensitive information.

Court Records

All federal court records—including civil cases, criminal proceedings, and bankruptcies—are available online through the Public Access to Court Electronic Records (PACER) system, managed by the United States Courts Administrative Office.

State and Local Records

The majority of personal public records originate at the local level—city, county, or state government. Requests are typically submitted through the relevant County Clerk’s office.

Common local public records include:

• Arrests: Local police departments or county sheriffs usually maintain arrest records (unless the arrest was made by state police). While criminal records can be public, full access often requires a paid background check. Some states release limited criminal-history information directly to the public.
• Sex offender information: Individuals convicted of crimes against minors or sex-related offenses must register as sex offenders. Every state maintains an online registry that the public can search by name or location. Moderate to serious offenders are included; low-level offenders may not appear. Registries also list non-compliant offenders.
• Real estate records: Property ownership and deed information are typically held by county assessors, with most counties offering online search tools.
• Liens: Lien records are maintained by the state and accessed through the Secretary of State’s office.
• Corporation and LLC ownership: Depending on state law, this information may be public and obtainable via the Secretary of State.

Also read: Top 6 Tips to Stay Focused on Your Financial Goals

Are Divorce Records Public?

Most court documents, including filed Separation Agreements and divorce papers, are considered public records. However, if a case involves sensitive matters—such as children, domestic violence, or proprietary business information—a court may seal the records. Sealed documents can only be viewed with a court order.

To seal divorce records, a formal request must be submitted, but approval is not guaranteed. Embarrassment alone is not sufficient grounds for sealing.

Public Records on Your Credit Report

Credit reports include a section for public records sourced from local, state, or federal courts. When a creditor obtains a court judgment for unpaid debt, that judgment becomes a public record and may appear on the credit report. Common examples are tax liens, bankruptcies, and judgments.

Bankruptcy records generally remain on a credit report for 7 to 10 years, while foreclosures stay for seven years. If an erroneous public record appears, you can dispute it with the credit bureau and, if necessary, with the issuing court.

Although much personal information is technically public, accessing it is not always straightforward. This can become relevant during employment background checks, but employers are required to notify you beforehand.

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