Quick Overview
- A court of record is a court that maintains a permanent, official record of its proceedings.
- In most modern US jurisdictions, nearly all courts are courts of record.
- Records from courts of record can be restricted or destroyed through specific legal processes: Learn more about court record removal on our blog.
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Definition: Court of Record
A court of record is a court that maintains a permanent, official record of its proceedings. The key characteristics of a court of record are: For more information, visit the Cornell Law.
- Proceedings are officially documented and preserved
- The court has the power to fine and imprison for contempt
- The record is presumed accurate and can be relied upon in subsequent proceedings
- The record cannot be attacked collaterally - only corrected through appeal or appropriate motion in the original court
Courts of Record vs. Courts Not of Record
Historically, a distinction existed between courts of record (superior courts, circuit courts, courts of common pleas) and inferior courts not of record (certain magistrate courts, justice of the peace courts). In most modern US jurisdictions, nearly all courts are courts of record. The distinction matters most in determining: For more information, visit the US Courts.
- Whether proceedings can be appealed on the record (vs. a de novo trial in a higher court)
- Whether the court's contempt power includes imprisonment
- The weight given to the court's record in subsequent proceedings
What Records Are Created in Courts of Record?
Courts of record generate several types of permanent documents:
- Docket/case register: Chronological log of all case events
- Pleadings and motions: Filed documents that become part of the record
- Orders and judgments: The court's official decisions
- Transcripts: Verbatim record of testimony and proceedings
- Exhibits: Evidence admitted during hearings or trial
Can Court of Record Records Be Removed?
Records from courts of record can be restricted or destroyed through specific legal processes: Learn more about court record removal on our blog.
- Expungement: Destroys or restricts the official record in eligible cases
- Sealing: Restricts public access while preserving the record
- Vacatur: Sets aside a judgment, which may affect the public record
- Automatic processes: Some states automatically seal certain non-conviction records
None of these processes automatically remove data from Google, data broker sites, or legal aggregators - those require separate removal requests. Learn more about background check reports on our blog.
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Frequently Asked Questions
A court of record is a court whose proceedings are officially and permanently documented. The record maintained by these courts is presumed accurate and can be relied upon in subsequent legal proceedings. In the US, superior courts, circuit courts, district courts, and courts of common pleas are courts of record. Most modern courts in the US are courts of record. The record includes all filings, orders, transcripts, and judgments.
This varies by state. In some states, small claims courts are courts of record with full record-keeping requirements. In others, small claims proceedings are conducted in a simplified manner without verbatim transcripts. Even when small claims courts maintain limited records, the judgment and case index are typically part of the permanent public record. Check your specific state's small claims court rules.
A court of record maintains a permanent official record of its proceedings and has the power to fine and imprison for contempt. A court not of record (historically, lower magistrate or justice of the peace courts) did not maintain formal records in the same way. Appeals from courts of record go up on the existing record; appeals from courts not of record were often tried de novo (fresh) in the higher court. Today, most courts in the US are courts of record.
Being in a court of record means your case is officially documented - but not necessarily public. Courts of record create a presumption of public access, but many records are sealed by statute (juvenile, family court, mental health) or by court order. The official documentation of your case is preserved regardless of public accessibility - sealed records still exist in the court's files, just restricted from public view.
Courts of record maintain records according to retention schedules that vary by court type and state. Many courts retain criminal case records indefinitely or for very long periods (decades to permanently). Civil case records typically have shorter retention schedules but are still kept for years. After the retention period, physical records may be archived or destroyed, though the index and judgment information often persists. Digital records increasingly have indefinite retention.
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