Quick Overview
- Courts seal cases or portions of cases when specific interests outweigh the public's right of access.
- State rules vary significantly - some states extend similar presumptions, others restrict categories of records that are public federally.
- Federal courts are governed by Federal Rule of Civil Procedure 5.2 and Federal Rule of Criminal Procedure 49.1 on personal identifier redaction, and by a strong First Amendment and common law presumption of access.
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Court Cases That ARE Public Record
- Adult criminal cases (felony and misdemeanor)
- Civil lawsuits (personal injury, contracts, employment, commercial)
- Federal civil rights cases
- Bankruptcy cases (federal court)
- Immigration court proceedings (generally public)
- Most appellate court decisions
- Probate cases (in most states)
- Small claims cases (in most states)
Court Cases That Are NOT Public Record (or Restricted)
- Juvenile criminal cases: Sealed by statute in most states
- Adoption proceedings: Sealed to protect privacy of parties
- Family court matters: Divorce, custody, and domestic violence TRO proceedings are often restricted
- Mental health commitment proceedings: Confidential in most states
- Expunged records: Restricted after court order
- Sealed criminal cases: Restricted by court order (requires showing of specific interest)
- Grand jury proceedings: Secret by law
- Classified national security cases: Restricted
- Confidential settlement cases: Sealed portions of civil cases
Why Are Some Cases Sealed?
Courts seal cases or portions of cases when specific interests outweigh the public's right of access. Common reasons include: For more information, visit the PACER public access.
- Protection of minor victims or witnesses
- Protection of trade secrets in commercial litigation
- National security considerations
- Witness protection situations
- Prevention of prejudice to ongoing investigations
- Protection of ongoing criminal investigations
- Statutory mandates (juvenile, adoption, mental health)
State vs. Federal Rules on Public Access
Federal courts are governed by Federal Rule of Civil Procedure 5.2 and Federal Rule of Criminal Procedure 49.1 on personal identifier redaction, and by a strong First Amendment and common law presumption of access. State rules vary significantly - some states extend similar presumptions, others restrict categories of records that are public federally. The degree of online accessibility also varies: some states post extensive records online; others restrict remote access even for records accessible in person. For more information, visit the FTC background checks.
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Frequently Asked Questions
No, not all court cases are public record. While most adult criminal and civil cases are presumptively public, significant categories are restricted: juvenile court proceedings, adoption cases, family court in many states, expunged records, sealed cases, and grand jury proceedings. The default is openness, but courts can and do restrict access when specific interests - privacy, security, trade secrets - outweigh the public's right to know.
Courts seal cases or documents when specific interests overcome the public's right of access. Common grounds for sealing include: protection of minor victims, trade secrets in commercial litigation, national security, witness protection, ongoing criminal investigations, and statutory requirements for certain case types (juvenile, mental health, adoption). Parties must typically file a motion to seal and demonstrate why the interests favoring closure outweigh the presumption of openness.
You can look up most adult criminal and civil court cases through state court portals and PACER (federal courts). Sealed cases, juvenile records, and certain restricted case types will not appear in public searches. CourtListener provides free access to federal dockets. State courts vary in their online accessibility - some offer full name-based searches, others require in-person visits for certain records.
Search your name on the court portal for the jurisdiction where your case was filed. If your case appears in the results, it is currently publicly accessible. If it does not appear, either it has been sealed/expunged or the portal does not cover that court type. You can also contact the court clerk's office directly. Running a Google search for your name plus the county and offense can reveal if third-party sites have indexed the record.
Yes, dismissed cases are generally public record - the dismissal is itself a public court event that appears in the case docket. The fact that a case was dismissed does not remove it from the public record. In many states, dismissed charges and acquittals are eligible for expungement, which can restrict the official record. Until expungement is granted, dismissed cases remain in court portals, on CourtListener, and indexed by Google.
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