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North Carolina FOIA procedures
| North Carolina FOIA procedures |
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| FOIA laws in North Carolina |
| Freedom of Information Act |
| Court cases with an impact on state FOIA |
| FOIA procedures by state |
Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.
This article describes FOIA procedures in North Carolina as of May 2025. On this page you will find:
- How to request public records
- Who may request public records
- Fees associated with public records requests
- Required response times for requests
- Exemptions to public records requests
How to request public records in North Carolina
Statute does not specify a procedure for requesters to follow.[1]
Purpose and use
North Carolina law does not place any restrictions on the use of records or require a stated reason for the request. According to North Carolina General Statutes Section 132-6(b):[2]
| “ | No person requesting to inspect and examine public records, or to obtain copies thereof, shall be required to disclose the purpose or motive for the request.[3] | ” |
Who may request public records?
North Carolina law states that anyone may request public records.[4]
| “ | Every custodian of public records shall permit any record in the custodian's custody to be inspected and examined at reasonable times and under reasonable supervision by any person.[3] | ” |
North Carolina is among 42 states that do not require individuals requesting public records to be state residents.
Fees
- See also: How much do public records cost?
For uncertified copies of records, North Carolina law allows fees for the actual cost of duplication. If the request for records is expansive, an additional special fee may be charged. The law states that fees for certified copies will be as indicated by law. North Carolina General Statutes Section 132-6.2(b) states:[4]
| “ | Persons requesting copies of public records may request that the copies be certified or uncertified. The fees for certifying copies of public records shall be as provided by law. Except as otherwise provided by law, no public agency shall charge a fee for an uncertified copy of a public record that exceeds the actual cost to the public agency of making the copy. For purposes of this subsection, "actual cost" is limited to direct, chargeable costs related to the reproduction of a public record as determined by generally accepted accounting principles and does not include costs that would have been incurred by the public agency if a request to reproduce a public record had not been made. Notwithstanding the provisions of this subsection, if the request is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or if producing the record in the medium requested results in a greater use of information technology resources than that established by the agency for reproduction of the volume of information requested, then the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the actual cost incurred for such extensive use of information technology resources or the labor costs of the personnel providing the services, or for a greater use of information technology resources that is actually incurred by the agency or attributable to the agency. If anyone requesting public information from any public agency is charged a fee that the requester believes to be unfair or unreasonable, the requester may ask the State Chief Information Officer or his designee to mediate the dispute.[3] | ” |
Response time
- See also: Request response times by state
North Carolina law does not set a specific deadline for government agencies to fulfill public records requests. North Carolina General Statutes Section 132-6 states:[2]
| “ | Every custodian of public records shall permit any record in the custodian's custody to be inspected and examined at reasonable times and under reasonable supervision by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may be prescribed by law.[3] | ” |
As of May 2025, 11 states had no mandated response time. Of the 39 states with response time limits, 12 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or fewer, 11 in five days or fewer, 13 in 10 days or fewer, and seven in 20 days or fewer.
Exemptions
North Carolina's Public Records Law outlines some exemptions in the law itself, while others are outlined in other statutes. North Carolina's Department of Justice summarizes some exemptions in its Open Government Guide (2019):[5]
| “ | There are a number of public records that are exempt from disclosure, and your request may be denied as a result. There are also exceptions to the exemptions. Though not an exhaustive list, we have attempted to list some here.
The following are records that are exempted from disclosure:
The following written communications from attorneys to government bodies, if they are made within the attorney-client relationship by an attorney-at-law serving the governmental body, are not public records unless the government body that receives them decides to make them public:
(NOTE: Public inspection of these written communications from attorneys to government bodies is restricted in this way only for three years after the public body receives them. After that, these written communications automatically become public records, unless they are subject to another exception, and they are then subject to inspection by the public. Also, a communication from a governmental body to an attorney is not confidential under this provision of the law.)
Generally, trial preparation materials are not public records. However, anyone denied access to a public record that is also claimed to be trial preparation material prepared in anticipation of a legal proceeding that has not yet begun can ask a court to determine if the record is trial preparation material prepared in anticipation of a legal proceeding. The custodian of a public record shall make the record available for public inspection after the legal proceeding is over –including all appeals – or if no legal proceeding ever began, after the expiration of the statute of limitations and the statute of repose.
Most information from and about taxpayers may not be disclosed, except as allowed in state tax law. Information that may not be disclosed includes:
Generally, this information is not subject to disclosure. Trade secrets are defined as business or technical information that has commercial value because it is not generally known or not easily discoverable through independent development or reverse engineering. Trade secrets may include formulas, patterns, programs, devices, compilations of information, methods, techniques, or processes. For information to be considered a trade secret, the efforts to maintain its secrecy must be reasonable under the circumstances. For trade secret information to be exempt from disclosure by a public agency, the information must meet the statutory definition of a trade secret. The information must also be furnished to the agency through a business transaction with the agency (for example, performance of a contract or making of a bid, application, or proposal), or furnished to the agency in compliance with laws or regulations. The trade secret information must be designated as “confidential” or as a “trade secret” at the time the information is initially given to the agency.
Settlement documents in most lawsuits involving state and local governments are public records. Settlement documents are public records if the underlying suit or proceeding involves the public agency’s official actions, duties or responsibilities. Settlement documents include settlement agreements, settlement correspondence, consent orders, documents dismissing or ending the proceeding, and payment documents such as checks or bank drafts. A public agency may not enter into a settlement that includes a requirement that the settlement be kept confidential. However, a settlement document that is sealed by a judge’s order is not subject to public inspection. Another exception applies to settlements of medical malpractice actions against hospital facilities. Those settlement documents are not public records. Parties settling these actions may agree that the terms of the settlement are confidential.
Criminal investigation records are not public records. This includes criminal investigation records compiled by prosecutors and law enforcement agencies as they are attempting to prevent or solve violations of criminal law, as well as criminal intelligence information compiled by law enforcement agencies in an effort to anticipate, prevent or monitor possible violations of criminal law. Records of investigations conducted by the North Carolina Innocence Inquiry Commission and records prepared in connection with a criminal investigation by the State Crime Lab are not public records. Law enforcement agencies have the ability to release criminal investigative records at their discretion and a court can order their release. However, the following investigative information is, generally, public:
Generally, these records are public unless disclosure would frustrate the purpose for which the records were created. This means that the agency with these records may withhold the records from public inspection if public knowledge of the records would interfere with negotiations or deter a business from locating or expanding in the state. When there is no longer a danger that releasing the records might prevent the project from materializing, the agency must then release the records for inspection.
Once a business has selected a specific location to locate or expand in the state, local government must disclose the relevant public records. The term “local government records” include statemaintained records that relate to a local government’s efforts to attract the project. Once a state or local government or specific business has communicated a commitment, or a decision by the State or local government has been announced, the government agency shall disclose as soon as practicable – and within 25 business days – public records requested for the announced project.
The written report of an autopsy is a public record, available for inspection and copying upon demand. Autopsy photos may be inspected upon demand, but not copied without obtaining a court order.
Emergency response plans and public security plans are not public records. The following are public records: (1) information relating to the general adoption of public security plans and arrangements; (2) budgetary information concerning the authorization or expenditure of public funds to implement public security plans and arrangements; (3) budgetary information concerning the construction, renovation or repair of public buildings and infrastructure facilities.
Social Security numbers are not subject to disclosure. The law also entitles any person whose identifying information (as defined in the statute) is listed on a public record displayed on an Internet website available to the general public to request that the Register of Deeds, Secretary of State, or Clerk of Court remove that information from their website. NOTE: A public record that contains identifying information cannot be withheld but the identifying information must be redacted before the document is released.
Records relating to volunteers in public schools may only be released upon a local board of education’s written finding – based upon substantial evidence – of the need to maintain the integrity of school operations or the quality of public school services through the release of the records.
The law states Ethics Board complaints and responses, reports, and other investigative documents are not public record unless a covered person or legislative employee under inquiry requests in writing that the records and findings be made public prior to the time the employing entity imposes public sanctions. When public sanctions are imposed on a covered person, the complaint, response, and Ethics Board’s report to the employing entity shall be made public. Statements of economic interests filed by prospective state employees and written evaluations by the Ethics Board of these statements are not public records until the prospective public servant is appointed or employed by the state. All other statements of economic interest and all other written evaluations by the Ethics Board of those statements are public records.
There are detailed statutes that provide what information is public with regard to most public employees. (Hospital employees are treated differently from all others.) For non-hospital employees, the public has the right to know: (1) name; (2) age; (3) date of first public employment; (4) terms of any contract, whether written or oral; (5) current position; (6) title; (7) current salary; (8) date and amount of most recent change in salary; (9) date and type of any promotion, demotion or other change in classification; (10) date and reasons for each promotion; (11) date and type of each dismissal, suspension, or demotion for disciplinary reasons including written notice if the dismissal was for disciplinary reasons; and (12) the office or station to which employee is currently assigned. Salary is more than routine pay encompassing all forms of compensation, including benefits, incentives, and bonuses. Even non-public personnel data can be released under certain circumstances if release is important to maintain public confidence in the governmental institution. Before releasing information, though, the agency must create a memorandum that describes why release is important to maintain the integrity of the government agency.
When a law enforcement agency makes an audio or video recording on a body-worn camera, dashboard camera, or other device when carrying out law enforcement responsibilities, it is not a public record or a personnel record, and it may be disclosed only under a specific procedure set out in state law. Persons whose image or voice is in the recording may request that the law enforcement agency allow them to view the recording. If the request is granted, this person may watch or listen to the recording, but may not copy it. Otherwise, these recordings may be released only upon court order. Any person or the law enforcement agency may petition the state Superior Court for release of the recording. The court shall consider whether the release is necessary to advance a compelling public interest, along with other factors set out in state law. In addition, law enforcement agency recordings may be disclosed to other law enforcement agencies for any law enforcement purpose, to district attorneys for review of potential criminal charges or to comply with discovery requirements in a criminal prosecution, or for use in criminal proceedings in court.[3] |
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See also
External links
- North Carolina General Statutes
- State Archives of North Carolina
- North Carolina Open Government Guide
Footnotes
- ↑ North Carolina Department of Justice, "Open Government," accessed May 13, 2025
- ↑ 2.0 2.1 North Carolina Legislature, "Chapter 132," accessed May 13, 2025 (Sec. 6)
- ↑ 3.0 3.1 3.2 3.3 3.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 4.0 4.1 North Carolina Legislature, "Chapter 132," accessed May 13, 2025 (Sec. 6.2)
- ↑ North Carolina Department of Justice, "Open Government Guide," accessed May 13, 2025
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