Records from l ocal, state and federal government are available to the public if one knows how to ask for them.
While journalists like the team at The Charlotte Observer regularly use public records requests, non-journalists can also file requests in order to get information from local, state and federal agencies. In many cases, filing a request is as simple as filling out an online form.
But individuals can face hurdles getting their requests fulfilled.
“The biggest challenge … is not getting the proper respect from public officials or from public agencies,” said Amanda Martin, a veteran First Amendment lawyer .
Here’s what to know about your rights to see public records and how to get them at the local, state and federal level:
What is the Freedom of Information Act?
The Freedom of Information Act , referred to as FOIA, is the federal law that governs how the public can obtain records from federal agencies. It passed in 1967 and has been updated multiple times since.
“Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement,” the federal government says.
North Carolina has its own public records laws that dictate how to get records from state and local agencies.
Who can file a public records request?
Although journalists are perhaps best known for filing them, anyone can file a public records request.
A 2017 study by the Columbia Journalism Review found journalists file about 7.6% of FOIA requests, while individuals make up about 20% of requests. Filing also frequently comes from businesses, law firms and nonprofits, according to the study.
How to request records from the City of Charlotte
The City of Charlotte provides an online form for public records requests from the city and city agencies.
At charlottenc.gov/PublicRecords/ , requestors will be asked to provide their name, contact information and “as much detailed information as possible” about what you’re requesting.
The city also makes public online a breakdown of the public records requests it receives.
How to file a records request with Mecklenburg County
To start the process of making a public records request with Mecklenburg County, visit pi.mecknc.gov/Services/Public-Records-Requests . The county provides a breakdown of where to find commonly requested information, such as property records and birth or death certificates.
Those seeking records not available through those portals have the option to file a records request electronically or download a form to print and mail in.
How to request records from Charlotte-Mecklenburg Schools
People can request public and student records from Charlotte-Mecklenburg Schools. The district’s website with information about both processes is cmsk12.org/Page/1019 .
For public records, CMS asks that members of the public email public records officer Joel Ferdon at joelh.ferdon@cms.k12.nc.us or call 980-343-0126. Alternatively, CMS offers a form for any public records request .
Student records are different than those available to the general public. Only people who have authorization from the student, parent, guardian or other designated person, can request records if the person is younger than 18. If the student is 18 years or older, the student must provide consent for another person to receive them.
How to file a records request with state government
To file a records request with a state agency in North Carolina, go to the specific state agency that has the record you’re looking for.
Most agencies have an online form on their website and will also allow you to print out a form and mail it in. Information on records requests with the state Department of Public Safety, for example, is available at ncdps.gov/contact/public-records-requests .
How to request records from the federal government
A streamlined way to file a records request with the federal government or a federal agency is to visit foia.gov . There, requesters can search a database of government agencies and bodies and either file a request electronically through the portal or get information on how to file a request directly with the agency in question.
The portal will also provide an estimate on how long it will take for the request to be fulfilled and direct the requester to places where the information in question may already be available.
Tips for filing a public records request
It’s important to understand when filing a request that under public records law people can demand records but “do not have the right to demand answers to questions,” Martin notes.
“There’s no magic language” for getting a response, she said, and the government can’t mandate you use a specific platform to request records.
“You just have to ask for them,” Martin said.
Lawyer Mike Tadych , who works with the North Carolina Press Association, recommends people put their requests in writing in order to create a paper trail and have someone read over the request before submitting it to make sure it’s clear.
Narrowing requests by providing a time for when the documents were created, keywords or search terms can also help expedite the process, Tadych said.
Tadych suggests setting a reminder when one files a request to follow up regularly until it’s fulfilled. North Carolina law doesn’t set a deadline for fulfilling requests.
And, Tadych noted, agencies are required to cite a specific statute if they deny a request.
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