The public right of access to court records means that, with specific exceptions, anyone can read what gets filed in a lawsuit or criminal case — no connection to the parties required. The Supreme Court recognized this common law right in Nixon v. Warner Communications, Inc. in 1978, holding that courts “recognize a general right to inspect and copy public records and documents, including judicial records and documents.”1Legal Information Institute. Nixon v. Warner Communications, Inc., 435 U.S. 589 (1978) Two years later, in Richmond Newspapers, Inc. v. Virginia, the Court added a First Amendment basis for attending criminal trials.2Library of Congress. Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555 (1980) The right is strong, but it isn’t absolute. A judge can seal a file, and certain categories of records are closed by statute or rule.
What You Can See in a Case File
Most of what parties and judges put on paper in a case is public. The docket, which is the running index of every filing and court action, is the entry point. You’ll usually pull that first and work from there.3Legal Information Institute. Court Docket
From the docket you can request the filings themselves: the complaint that started the case, the defendant’s answer, motions, and the briefs supporting them. Judicial orders and written opinions are public once issued. During trial, transcripts of testimony and exhibits admitted into evidence — photographs, contracts, expert reports — join the accessible record. Together these materials show the arguments, the facts, and the reasoning behind what the court decided.
Public Doesn’t Always Mean Online
A record can be public and still not be downloadable. Federal Rule of Civil Procedure 5.2(c) limits remote electronic access in Social Security benefit cases and immigration proceedings. Because those files are heavy with medical and personal information, the public can view them only at the courthouse; remote access is limited to the docket sheet and any opinions, orders, or judgments the court issues.4Legal Information Institute. Federal Rules of Civil Procedure Rule 5.2 – Privacy Protection for Filings Made with the Court The parties and their lawyers can still see everything electronically. Everyone else has to show up.
Records That Are Closed to the Public
Several categories override the presumption of openness. Each one exists because a specific harm — to a child, to national security, to an investigation — is treated as outweighing the public’s interest in that particular document.
Grand Jury Proceedings
Grand jury secrecy is among the strictest rules in federal practice. Federal Rule of Criminal Procedure 6(e) prohibits grand jurors, court reporters, interpreters, government attorneys, and other listed participants from disclosing what happened before the grand jury. Related records, orders, and subpoenas stay under seal as long as necessary to prevent unauthorized disclosure, and a knowing violation can be punished as contempt.5Legal Information Institute. Federal Rules of Criminal Procedure Rule 6 – The Grand Jury
Classified Information
In federal criminal cases involving classified material, the Classified Information Procedures Act lets the court substitute unclassified summaries or redacted versions, hold hearings in camera, and seal the records of those closed sessions for potential appellate review.6Office of the Law Revision Counsel. Classified Information Procedures Act
Trade Secrets
Under 18 U.S.C. § 1835, a court cannot authorize disclosure of information the owner claims is a trade secret without first giving the owner the chance to file a sealed submission explaining why confidentiality should be preserved.7Office of the Law Revision Counsel. 18 USC 1835 – Orders to Preserve Confidentiality
Juvenile and Child-Victim Records
Federal law treats juvenile delinquency records very differently from adult criminal records. Under 18 U.S.C. § 5038, the records are safeguarded from disclosure to unauthorized persons, and the juvenile’s name and photograph cannot be made public unless the juvenile is prosecuted as an adult. When an employer or licensing authority asks, the response must be identical to the response given about someone who was never involved in a delinquency proceeding at all.8Office of the Law Revision Counsel. 18 USC 5038 – Use of Juvenile Records
A separate statute, 18 U.S.C. § 3509, protects children who are victims or witnesses in federal criminal cases. Any court paper disclosing a child’s name or identifying information is filed under seal automatically, with a redacted version placed in the public record.9Office of the Law Revision Counsel. 18 USC 3509 – Child Victims and Child Witnesses Rights
Personal Identifiers in Routine Filings
Even in ordinary cases, Rule 5.2 requires anyone filing a document to redact certain personal information. Social Security and taxpayer identification numbers appear only as the last four digits. Dates of birth are reduced to the year. Known minors are identified only by their initials. Financial account numbers are truncated to the last four digits. The burden is on the filer, not the clerk.4Legal Information Institute. Federal Rules of Civil Procedure Rule 5.2 – Privacy Protection for Filings Made with the Court
Search Warrants During Active Investigations
Warrant materials — the warrant and its supporting affidavit — are usually sealed while an investigation is active. When they become public varies by jurisdiction. In some, the materials open once the warrant has been executed and the return filed. In others, they stay sealed until charges are filed or the investigation closes. Courts can extend a seal for good cause, such as witness safety or ongoing investigative needs.
Sealed and Expunged Are Not the Same Thing
These terms get confused constantly. A sealed record still exists — the file is intact in the court’s possession — but it’s hidden from public view, accessible only with a court order. An expunged record is treated as though the case never happened; the physical and digital files are destroyed. Sealing locks the door; expungement removes the room. Both the availability of these remedies and the offenses that qualify vary significantly by jurisdiction, and the list of expungable offenses is almost always narrower than the list of sealable ones.
Asking a Court to Unseal Records
A sealed record is not necessarily sealed forever. Anyone — journalists, researchers, members of the public with no stake in the case — can ask the court to unseal. The most widely accepted procedure is a motion to intervene in the case for the limited purpose of seeking access. Some courts accept less formal approaches, including a letter to the presiding judge. A few jurisdictions prefer a writ of mandamus to challenge a closure order.
The legal standard mirrors the doctrines behind access in the first place. Under Press-Enterprise Co. v. Superior Court, the First Amendment analysis asks whether the proceeding has historically been open and whether public access plays a significant positive role in the way it works; closure requires an overriding interest and must be narrowly tailored.10Legal Information Institute. Press-Enterprise Co. v. Superior Court, 478 U.S. 1 (1986) Under the common law standard from Nixon, the judge balances the public’s interest in openness against the specific reasons given for secrecy. A court can grant intervention and still deny unsealing on the merits, in which case the denial can be appealed.
How to Find and Pull a Specific Case
Locating a record is straightforward with the right information. The fastest route is the case number, assigned when the case is filed and usually including a year code and sometimes the judge’s initials. Without it, searching by the full legal names of the parties works in most systems; use formal names rather than nicknames, since that’s how records are indexed. Knowing the court is essential, and an approximate filing date helps narrow results when a person has been involved in more than one case.
Federal Records Through PACER
The Public Access to Court Electronic Records system, PACER, is the portal for filings in federal appellate, district, and bankruptcy courts. Anyone can create an account.11United States Courts. Find a Case (PACER) Access costs $0.10 per page for documents, docket sheets, and case-specific reports, capped at $3.00 per document.12United States Courts. Electronic Public Access Fee Schedule The cap doesn’t apply to search results, non-case-specific reports, or transcripts, so a long transcript can run up quickly.13PACER. PACER Pricing: How Fees Work
You owe nothing until your account passes $30.00 in charges within a calendar quarter, which makes light research effectively free.12United States Courts. Electronic Public Access Fee Schedule Academic researchers on defined scholarly projects can apply for a multi-court fee exemption if the work is limited in scope and not for commercial redistribution; applications go to Multi-CourtExemptions@ao.uscourts.gov. For an exemption at a single court or for non-research purposes, contact that court’s clerk directly.14PACER. Fee Exemption Request for Researchers
State Courts
State systems are a patchwork. Many offer electronic filing and online search, sometimes free and sometimes for a fee. Others still require you to contact the clerk’s office. Visiting the courthouse in person works everywhere, and many clerks have public terminals where you can view records at no charge.
Paper Copies and Certified Documents
Federal courts charge $0.50 per page for paper copies, whether reproduced from originals or microfilm. Certification, which attaches an official seal confirming the copy is true, costs $12.00. Exemplification, a more formal certification sometimes needed for use in another jurisdiction, costs $24.00. Reproducing an audio recording of a court proceeding costs $34.00.15United States Courts. District Court Miscellaneous Fee Schedule State court copy and certification fees vary. In-person requests may be filled in minutes; mailed requests can take several business days.
Older Cases and the National Archives
Federal case files don’t stay at the courthouse indefinitely. Short-term temporary records are kept locally for five years or less, and permanent files eventually move to Federal Records Centers run by the National Archives and Records Administration. While there, they stay in the judiciary’s legal custody — you can still request them, but retrieval takes longer than pulling a file from the clerk’s shelf.16United States Courts. Guide to Judiciary Policy, Vol. 10, Ch. 6, Appx. 6B – Records Disposition Schedule
Timelines depend on the type of case. Criminal cases that went to trial transfer to NARA 15 years after closing; death penalty cases stay with the judiciary for 30 years. Civil class actions, multi-district litigation, and civil trials also transfer at 15 years. Docket sheets and judgment books are permanent and transfer after 25 years.16United States Courts. Guide to Judiciary Policy, Vol. 10, Ch. 6, Appx. 6B – Records Disposition Schedule Once records reach NARA, they pass into the Archivist’s legal custody and remain accessible through archival request procedures.
Access to Records Is Not Access to Cameras
The right to read filings is separate from the right to broadcast what happens in the courtroom. Federal Rule of Criminal Procedure 53 prohibits photographing or broadcasting criminal proceedings in federal court, which is why those courtroom sketches exist at all.17Legal Information Institute. Federal Rules of Criminal Procedure Rule 53 – Courtroom Photographing and Broadcasting Prohibited
Other federal contexts are more flexible. Each federal court of appeals decides independently whether to allow cameras during oral arguments; all of them now livestream the audio and release recordings afterward. For civil and bankruptcy non-trial proceedings, the Judicial Conference amended its policy in 2023 to let individual judges authorize live remote public audio access, provided no witness is testifying.18United States Courts. History of Cameras, Broadcasting, and Remote Public Access in Courts