What Is a Public Record? Everything You Need to Know

Public records are documents and data that government agencies are required to make available to the public. They form the backbone of background checks, investigative journalism, legal research, and personal due diligence. Understanding what counts as a public record — and what does not — helps you know what information is available and how to access it.

The Legal Foundation

The principle behind public records is government transparency. The idea is simple: in a democracy, the public has a right to know what its government is doing. This extends to records created by courts, law enforcement, regulatory agencies, and other government bodies.

At the federal level, the Freedom of Information Act (FOIA) governs access to federal agency records. Every state has its own version — called sunshine laws, open records laws, or public records acts — that cover state and local government records.

What Counts as a Public Record

The scope is broader than most people realize:

• Court records — criminal cases, civil lawsuits, family court matters (with some exceptions), bankruptcy filings, and federal cases
• Property records — deeds, mortgages, liens, property tax assessments, and transfer history maintained by county recorders
• Business filings — articles of incorporation, LLC registrations, annual reports, and registered agent information from Secretary of State offices
• Vital records — birth certificates, death certificates, and marriage licenses (access varies by state)
• Voter registration — name, address, party affiliation, and voting history in most states
• Professional licenses — medical, legal, real estate, and other professional licenses including disciplinary actions
• Sex offender registries — federally mandated public databases maintained by each state
• Campaign finance records — political donations and expenditures at federal and state levels

What Is NOT a Public Record

Several categories of personal information are protected from public access:

• Credit reports — governed by the FCRA and only available with a permissible purpose
• Medical records — protected by HIPAA and state privacy laws
• Education records — protected by FERPA
• Sealed or expunged records — court orders can remove records from public access
• Juvenile records — generally sealed in all states
• Tax returns — your individual tax return is not public (though tax liens are)
• Social Security Numbers — protected by federal law

The Access Problem

Technically, most public records are available to anyone. Practically, accessing them is often difficult. Records are spread across thousands of different agencies — county clerks, state databases, federal courts, regulatory boards — each with its own website, search interface, and sometimes fees.

Some records are only available in person. Others require formal written requests. Many government databases are poorly indexed or use outdated technology that makes searching unreliable.

A CROW intelligence report pulls directly from court systems and government databases — not recycled data broker files.

How CROW Helps

CROW aggregates public records from multiple sources into a single, readable report. Instead of searching a dozen different databases across different jurisdictions, you get one comprehensive view of what the public record says about a person. It is the difference between having a right to information and actually being able to use it.