General Guidelines on Public Records Research

The common term "Public Record" has always been somewhat misleading. Even though a record is "public" and available for public scrutiny in the strictest sense, in reality it may not be readily available. The availability of numerous public records via the Internet has addressed some of the accessibility issues, but just as it's always been in the off-line world, access to free public records via the web is a hit or miss proposition.

The first step toward success in finding information about people or companies begins with understanding what constitutes public record, public information and private information. All types of information fall into one of these three categories, or a fourth that I'll define later. But the classification isn't always clear.

Public records refer to information that has been filed or recorded by public agencies, such as corporate and property records. Public records are created by the federal and local government, (vital records, immigration records, real estate records, driving records, criminal records, etc.) or by the individual (magazine subscriptions, voter registration, etc.). Most essential public records are maintained by the government and many are accessible to the public either free-of-charge or for an administrative fee. Availability is determined by federal, state, and local regulations.

Public records are held in physical files. Many public records are available via Internet or other sources; even though public records are indeed "public", their accessibility is not always simple, free or easy. Some states such as California have separate policies that govern the availability of information contained in public records. The PRA or public records act states that "except for certain explicit exceptions, personal information maintained about an individual may not be disclosed without the person's consent."

Most businesses offering access to databases specialize in something particular, yet a few attempt to offer all sorts of available records to professionals in the legal, risk management, corporate, government, law enforcement, accounting and academic markets. Certain unscrupulous companies, who sell software with a promise of unlimited access to public records, generally provide nothing more than just basic information on how to access already available and generally free public Websites.