How do I file a public records request in North Carolina?
1. Statute. North Carolina Public Records Law, N.C.G.S. §§ 132-1 to 132-11. Public policy: records are the property of the people.
2. Who Can Request. Any person—no residency, identification, or purpose required (§ 132-6(b)).
3. Form of Request. Oral or written; no specific form. Reasonable description required. Email widely accepted.
4. Agency Response Deadline. "As promptly as possible" (§ 132-6(a)). No fixed statutory deadline, but courts evaluate reasonableness.
5. Fees. Actual cost of duplication—not in excess of the actual cost (§ 132-6.2(b)). For routine copies, typically minimal. Special service charges allowed for extensive use of IT or clerical assistance if estimated to exceed a reasonable level.
6. Exemptions. Limited categorical exemptions: personnel records (§ 126-22 to 126-30 restrict most personnel info), criminal investigation records (§ 132-1.4), trade secrets, attorney-client communications, tax info, sealed records, security plans, library patron records.
7. Redaction. Agency must redact confidential personnel and other exempt info and produce the remainder.
8. Denial & Appeal. Written denial recommended but not required. No administrative appeal—proceed to court.
9. Court Action. Action to compel disclosure in superior court (§ 132-9). Mediation required before trial (§ 7A-38.3E).
10. Penalties. No civil fine or criminal penalty. Court may award reasonable attorney fees against the public agency if the agency unreasonably refused access (§ 132-9(c)). Fees may be reduced if requester refused to mediate in good faith.
This is legal information, not legal advice.
- Agency delays for months without explanation
- Records involve law enforcement investigations or personnel matters
- You want to seek attorney fees under § 132-9(c) after mediation fails
- N.C.G.S. §§ 132-1 to 132-11 (Public Records Law)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.