Quick Overview
- Call the clerk of court for the county where the case was filed.
- Many states have transferred older court records to state archives (typically the State Archives or State Library).
- Ancestry.com and FamilySearch have digitized many historical court records - particularly probate records, naturalization records, and some criminal dockets.
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How Far Back Do Online Court Records Go?
- Federal courts (PACER/CourtListener): Digital records generally available from the late 1980s to early 1990s. CourtListener has some records going back to the 1950s for federal appellate decisions.
- State court portals: Typically 5-20 years of online records. Older records exist in the court archives but may not be digitized.
- County court clerks: Physical records go back to the founding of the county. Some counties have digitized older records; others require in-person access.
- Genealogy databases: Ancestry.com, FamilySearch, and similar services have digitized millions of historical court records - probate records, criminal dockets, civil cases - going back centuries in some jurisdictions.
How to Find Old Federal Court Records
- PACER: Records from approximately 1988 onward in most districts
- National Archives (archives.gov): Historical federal court records are transferred to the National Archives. The Archival Records portion of PACER (older cases) and the National Archives Online Catalog contain pre-digital federal court records.
- CourtListener: Contains RECAP Archive - donated PACER records plus historical federal decisions
How to Find Old State Court Records
- 1Contact the court clerk directly
Call the clerk of court for the county where the case was filed. Ask about their records retention policy and whether older records are digitized or available in archives. Some clerks can search older records by name for a fee. Learn more about court record removal on our blog.
- 2Search state archives
Many states have transferred older court records to state archives (typically the State Archives or State Library). Search the state archives website or contact them directly. Learn more about background check reports on our blog.
- 3Check genealogy databases
Ancestry.com and FamilySearch have digitized many historical court records - particularly probate records, naturalization records, and some criminal dockets. These can go back to the 1700s for some counties.
- 4Search newspaper archives
Historical newspapers contain extensive court coverage. GenealogyBank, Chronicling America (Library of Congress), and Newspapers.com have searchable archives going back over a century.
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Frequently Asked Questions
For federal cases, PACER has records from approximately 1988 onward; CourtListener and the National Archives have older records. For state cases, contact the county court clerk directly - ask about their records and whether older cases are archived or digitized. Genealogy services like Ancestry.com have digitized many historical court records, particularly probate records. Historical newspapers (GenealogyBank, Chronicling America) contain court coverage going back over a century.
Physical court records go back to the founding of the jurisdiction - some county courts have records from the 1700s and 1800s. Online availability is much more recent: PACER has federal records from approximately 1988; state portals typically cover 5-20 years. For older records, you need to contact the court clerk, state archives, or search genealogy databases that have digitized historical court records.
Yes. Historical court records are public records - they do not become private over time. Older records may simply be harder to access: they may be in physical archives, on microfilm, or not yet digitized. Many older court records have been digitized by the National Archives, state archives, genealogy services (Ancestry.com, FamilySearch), and newspaper archives. If a record was public when created, it remains public even decades later.
Federal cases from the 1990s are generally available on PACER and CourtListener. State court online portals may cover the 1990s if the state digitized records from that period - check your state's court website. For state cases not online, contact the county court clerk and ask about records from the 1990s - many courts have records from this period in their archives even if not digitized. Some state archives have also microfilmed or digitized court records from this era.
Yes, old court records can be expunged as long as the statutory requirements are met - typically based on waiting period (time since sentence completion), offense type, and absence of subsequent convictions. There is generally no maximum age on expungement eligibility - a conviction from 20 or 30 years ago can still be expunged if it meets current eligibility criteria. In fact, the passage of time often supports expungement eligibility, as waiting periods are measured from sentence completion.
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