Are Divorce, Death and Arrest Records Public? What to Know

TL;DR: In the US, most court records, including divorce cases and many criminal and civil filings, are public unless a judge seals them. Arrest records and police reports are often available under state open-records laws, with exceptions. Birth certificates are usually restricted to the person and close family, while death and marriage records are more open and vary by state. Data brokers collect these records and attach them to your profile.

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Why this matters for your privacy

Public records are the raw material for people-search sites. A divorce filing gives your address and your ex's name, a property record gives your home's value, and a court docket can list your date of birth. Brokers combine them into one profile anyone can buy. Our guide to US data broker sites shows how the pieces fit together.

Rules differ by state and by country, so treat the answers below as a general guide and check your state or local court for specifics.

Court records, including divorce

US court records are generally open to the public. Federal court records are available through PACER; the US Courts site says viewing records at the courthouse is free, online access costs 10 cents a page (capped at $3 per document), and fees are waived if you run up less than $30 in a quarter. State courts, where divorces, family cases and most criminal cases are heard, each run their own systems.

Divorce: the case file and final decree are usually public court records. Parts may be sealed or redacted, especially financial affidavits, child-related details and abuse allegations, and some states restrict access more than others. A divorce certificate (a short record that a divorce happened) is held by the state vital records office and may be limited to the parties.
Civil cases and judgments: lawsuits, evictions and debt judgments are normally public.
Sealed and expunged records: a judge can seal a file, and expunged criminal records should not be released.

Arrest records and police reports

Arrest logs and booking information are often public under state open-records laws. Full police reports may be released on request, but agencies can hold back details tied to open investigations, victims, juveniles and witnesses. Mugshot sites and "arrest records" search sites scrape this data, which is why an old arrest can follow someone long after charges are dropped.

Birth, death and marriage records

Vital records are held by states, not the federal government. The CDC's Where to Write for Vital Records directory says the federal government does not distribute certificates with identifying information; each state sets its own rules.

Birth certificates: certified copies are usually restricted to the person named, parents and legal representatives. Many states open them after a long waiting period.
Death certificates: often available to a wider group, sometimes anyone, though cause-of-death details may be restricted. Death records are also used by fraudsters, as our guide to deceased identity theft explains.
Marriage records: licences and certificates are public in many states.
Property, business and voter records: property deeds and business filings are generally public. Voter files are available to campaigns and sometimes the public, depending on the state.

In the UK

Birth, death, marriage and civil partnership certificates for England and Wales can be ordered from the General Register Office; GOV.UK lists a standard certificate at £12.50. Court lists and judgments are often published, and the edited electoral register is sold to marketers unless you opt out. Our guide to UK, Canada and Australia data broker opt-outs covers that step.

What you can do

Ask about sealing: in some cases you can ask a court to seal or redact sensitive details. A lawyer can tell you if you qualify.
Use an address confidentiality programme if you're escaping abuse or stalking. See address confidentiality programs.
Opt out of people-search sites that republish court and property data; start with opting out of US people-search sites.
Use state privacy rights where they apply; see US state privacy laws.

Public records are one source; breaches are another. Your email and phone number can be linked to these records through leaked databases. A free email exposure check shows where your email has been exposed.

Frequently Asked Questions

Are divorce records public?

In the US the divorce case file and decree are usually public court records, though financial, child-related and abuse details may be sealed or redacted. Rules vary by state.

Are death certificates public record?

Often, but it depends on the state. Some states restrict certified copies or cause-of-death details to family and legal representatives.

Are police reports public record?

Many are available under state open-records laws, but agencies can withhold details tied to open investigations, victims, witnesses and juveniles.

Are birth certificates public?

Usually not right away. Certified copies are normally limited to the person named, parents and legal representatives, though many states open older records.

Can I remove my public records from people-search sites?

You cannot delete the original court or county record, but you can ask people-search sites to remove the profiles built from them, and in some cases ask a court to seal records.

Are Divorce, Death, Birth and Arrest Records Public? What Anyone Can See About You