Information Contained in Civil Records

When looking for court records, there are two types of records that can be found: criminal and civil. Criminal records encompass any type of record that addresses one’s breach of a public law, rule or regulation and which the sentence would be a fine or the possibility of some type of incarceration.

A civil record is any type of record that does not involve the breach of a public law, rule or regulation but may involve the state or its citizenry. It relates to the private rights and remedies sought by civil actions, which are actions brought to enforce, redress or protect those rights. In other words, the term “civil” encompasses all types of actions other than criminal. 

Civil records include many different types of records, including corporate records, divorce records, estate or probate records, and land records.

Corporate Records

If a sales transaction involves the sale of a business, another type of search that will be performed is a UCC filings search. UCC or the Uniform Commercial Code governs commercial transactions, which includes sales of goods, commercial paper, bank deposits and collections, letters of credit, bulk transfers and secured transactions. When a business takes out a loan, the lender will secure its interest in the loan by attaching a lien against fixtures and/or equipment that is located within that business. 

This is called a “security interest filing,” and is a form of interest in the property which provides that the property may be sold on default in order to satisfy any outstanding liens that are being held against the property. As in corporate records, a security interest in real estate is called a “mortgage.” These filings are recorded in the courthouse and will be part of the information that will be searchable during a civil court records search. As with a real property transaction, before the sale of a business can be accomplished, there must be a release of all liens that are against the business itself as well as any fixtures, furnishings and/or equipment that are a part of that sale. 

Divorce Records

Divorce records, or dissolution of marriage records, are another type of searchable civil records. In these records, the terms of any legal separation between a man and a woman will usually be incorporated into any divorce judgment or decree of a court. Family court records may also be available, which outline agreements in child support and custody cases.

Estate and Probate Records

Another type of record that is considered a civil record and therefore searchable is an estate or probate record. Estate planning, which is a branch of law which arranges a person’s property and estate, deals with the preparation of Last Wills and Testaments. 

In some states, these Wills are recorded prior to the testator’s death and therefore available type of civil records. In other states, however, those Wills are not filed until the testator passes away and during the probating of the estate. Probate is the settlement of the decedent’s estate but can also deal with the appointment of guardians or the approval of the adoption of minors. With the exception of the minor’s adoptions, most of the probate records are available to the public for searching.

Land Records

Any property that is owned in a particular jurisdiction has to be covered by a deed of conveyance which means that there must be a formal document that shows the transfer of title of land from one person, or class of persons, to another by way of a deed. Included within the term conveyance is an assignment, lease, mortgage or other encumbrance of land, and all of these documents will be found in any courthouse while performing a land records search. 

This type of search is also referred to as a lien, property search or title search. This is most often done during a real estate transaction where a party is either selling their property, transferring ownership or refinancing. Before title can pass to someone else, the property must be free and clear of all liens and encumbrances, and a title search will demonstrate what is owed on the property--both by way of mortgages or any tax liens and/or judgments. Most lending institutions require that a property’s history be searched for the past 60 years. Land record searches can also allow the searcher to determine whether or not any property taxes are owed on the property and in what amount.

Most county court record searches require the full names of the parties, commonly referred to as the “plaintiff” or the “defendant,” the date of the initial filing and the court in which the case was brought. Without at least that information, most searches will be fruitless. A civil record encompasses a wide variety of documents and most of the records are not protected by any type of privacy or privilege regulation.