Is it legal for a random person to look up your court records?

Question

I have a friend with a very nosey mother who likes to randomly look up the court records to everyone that she knows. She often reminds me that I am on probation for a speeding ticket and holds it over my head. As you could imagine, this type of behavior gets extremely old and annoying. I could understand if I was some sort of sex offender that she needed to know about but that is not the case.

Anyway, my question is that I feel like this is in some way an invasion of privacy as she can freely go to a website, type in my name, and get all of the court details without any permission. To all of my lawyers out there... are there any lines being crossed here? Is there anything that can be done?

If it helps any, I am located in Maryland

Answer 1

Court records are public and yes anyone can see them. While it is rude for her to hold such a petty item over your head, that is why criminal justice keeps such records. An unfortunate and unspoken effect of our American common law system is that they designed it to publically ridicule and haunt a person by having a record. If you don't want people hold crimes you commit over you, don't commit crimes in the first place.



However! There are steps you can take to prevent people like her from doing things like that. For any crime you were not convicted of (that includes receiving "probation before judgment") you can have the record expunged after 3 years (other criteria apply, see link). If granted, the record is no longer visible to the public (only entities like the FBI and police can see them after that).



You can also file a CC-DC-53, a "Motion to Seal or Otherwise Limit Inspection of a Case Record." This leaves it on your record, but limits who can see it. You have to provide a reason and the judge will consider it when he reviews it. Worth a shot.

Answer 2

Totally legal. Court records are public record. Why don't you go to the website for Maryland's court system and look if she has any skeletons in her closet?



Why do you let her hold a speeding ticket over your head? Seems like you could easily ignore that. There's more than just a speeding ticket though, isn't there?

Answer 3

The answers to these questions are different in different states. In practice you can name the kid whatever you want. You can give the kid your surname or the Father's. In most states whether you give the kid the father's surname or not has nothing to with whether he signs the birth certificate or is legally established to be the father (contrary to popular belief). It is entirely up to you. The father has rights, but he can't do anything until he establishes himself as the father legally, and by that time the child is generally named. In theory the father could sue for custody, and if he got custody he could change the kid's name (which in some states would require a court order). In practice this is rare. You get sole custody if the father does nothing. If he chooses to go to court, he can probably get visitation. Unless he is a drug addict or something, you are unlikely to get supervised visitation. (That is VERY expensive for the government, and he is as much the child's parent as you are.) Of course in a few states the father is guilty of statutory rape.

Answer 4

Court records are public, That is proper and right, and goes to the basis of the fairness of the justice system. Hidden records effectively means secret trials. The justice system MUST be open and visible. That there are oddballs who need more productive hobbies is not enough to violate those basic principles.

Answer 5

Court records (unless you are a juvenile or they are family law matters) are public records. Absolutely any person has the absolute right to review those records any time they like. These records do not belong to you. You have no privacy interest in those records.

Answer 6

Yes, there is something that can be done. You can stop seeing your friend's mother. As for anything else you can do, no. And why are you on "probation" for a speeding ticket? Speeding tickets are generally only violations and don't even show up on criminal back ground checks. Does she work at the DMV? Hmmm, odd, very odd...

Answer 7

Perfectly legal since it's public record. My best advice to you, if you don't want anyone to access court records regarding your personal situations -- don't create public records in the first place.

Answer 8

It is well within the bounds of the law, once the documents are filed, they are public documents and a person only has to fill in a search form

Answer 9

She's perfectly entitled to do that. Courts and court records are public, for the most part.

Answer 10

As far as I know, court records are public domain, unless they are "sealed." Keep your nose clean if you want to maintain a decent reputation.

Answer 11

they're public once they're filed...if you don't like it, turn her in to the police or tell her to shut her mouth, you're tired of hearing her run it.

I doubt the police can or will do anything, but it might help to have a report if it gets worse.

Answer 12

No I dont think they can. I would file a restraining order.