Accessing Law Enforcement and Court Records

Several writer friends appeared surprised when they learned that I’d reviewed law enforcement and court records as part of research for my creative nonfiction book. It took time and persistence but in most instances, I was able to review both types of records. However, some records had been destroyed because they were so old. Who, my friends asked, would want to read these types of records? True crime writers and possibly biographers may find them invaluable. Historical as well as other fiction writers also may discover useful background data. Are these records difficult to access? It depends! Here are a few tips which may make research a bit easier.

Law Enforcement records: First read your state’s laws about criminal justice records to learn what records are available, fees that may be charged for producing them and the time frame in which they must be produced. To find your state’s laws, search the internet. Links to laws of several states also can be found at www.lexisnexus.com. In Colorado, the Criminal Justice Records Act, § 24-72-301 et seq. generally sets forth what will and may be released.

Next decide which law enforcement agencies may have records about the person or particular incident that you are researching. Check those agencies’ websites for information about how to request records and associated fees. They also may have a specific records request form to use but if they don’t, submit a written request to their records custodian. If known, be sure to include the date of the offense, location, and involved individuals when you request records about a specific incident. Also ask for copies of photographs and/or the dispatch tape as well as a cost estimate of producing these items. Requests for reports about an individual should include any of his/her aliases and dates of birth as well as a last known address. It’s often best to seek these records as soon as possible. Dispatch tapes often are kept only for a short time and some reports may be retained only for a set time period pursuant to the individual agency’s policies.

When you receive law enforcement records, expect some information to be blacked out: social security numbers, dates of birth and sometimes addresses and phone numbers of witnesses. But at the very least, you should be left with an account of the incident.

Court records: Remember that court records aren’t just limited to criminal cases but also include civil matters such as divorces, physical and mental injury claims, contested debts, property disputes etc. A criminal incident also may result in a civil suit for damages.

To save time, search for an online database for state court records. Some are free; others aren’t. Different states have different ways to access state court records. In Colorado, https://www.cocourts.com/cocourts/ is a good starting point. First create an account and then ask for cases that involve your subject and his/her aliases as both a plaintiff and defendant. If your subject was a named party, the site provides basic information, such as the case number and disposition as well as the names of the parties and the judge. Juvenile and probate cases aren’t included in this database.

Your research becomes much easier once you have a case number. To review the case file, visit the particular court’s clerk’s office. But call that office first to make sure the file will be available. Older cases may be stored off-site or even at the state archives. They also may have been destroyed pursuant to the court’s retention policy.

If you can’t locate an online case database, visit the clerk’s office of the courts where you think your subject may have been involved in litigation. Ask to review the plaintiff and defendant case indexes by year. These may be computerized or handwritten into books. Once you locate your subject’s name, jot down the parties and case number and then request the file.

Bring identification with you and change for a copying machine in case you are allowed to make copies of documents. Some courts require their clerks to make copies for you. The principles set forth in my earlier blog post, Researching Government Records located at https://www.caryunkelbach.com/researching-local-government-records/ apply as well.

Don’t forget about federal cases, criminal and civil, including bankruptcy. Use the Public Access to Court Electronics Records site: https://www.pacer.gov/ to determine if your subject has any federal cases. Search by the names of the parties, a case number or your subject’s name. Detailed information about cases, including documents filed by the parties, may be reviewed online.

Good luck with your research!