Are Davidson County Records Public?

Yes. A public record is any documentary material created or received by a government body in connection with the transaction of official business, regardless of its physical form or characteristics. In Davidson County, Tennessee, access to public records is primarily governed by the Tennessee Public Records Act (TPRA) (Tenn. Code Ann. § 10-7-503 et seq.).

Under this law, everyone can inspect and obtain copies of Davidson County public records. In addition to the TPRA, other statutes and local regulations may define the specific procedures for accessing certain documents, like the Davidson County court records.

The Tennessee Office of Open Records Counsel was created to assist residents and public officials with issues related to public records. The office provides informal advice and can function in a mediatory role between the government and the public. Anyone uncertain about their rights or access to public records in Davidson County can seek assistance from this office.

What is Exempted Under the Tennessee Public Records Act?

The TPRA restricts certain records from public access. These restrictions typically apply to protect individual privacy or safeguard private information. Records deemed confidential in Tennessee include:

• Medical records
• Law enforcement investigatory records
• Certain education records, such as student records, teacher evaluations, and school security plans
• Sensitive personal information
• Records sealed by the court

Individuals seeking access to confidential records may file a petition in court requesting permission to view them.

Davidson County Public Record Search

Public records in Davidson County are available for inspection at the offices of the respective government agencies responsible for maintaining them. There is no central repository for all county public records, so individuals must visit the specific agency that holds the record they seek. Fortunately, identifying the appropriate agency is usually straightforward, as the agency that creates a record is typically its primary custodian.

Under Tenn. Code Ann. § 10-7-503(g), government agencies must establish a public records policy outlining the process for requesting records, response times, and any applicable fees. Agencies must also provide the contact information of the official coordinating access to their public records.

These few steps can guide inquirers in obtaining a public record in Davidson County:

• Identify the record
• Determine the primary custodian of the record
• Contact the agency to make a request
• Pay any costs associated with the record search or copy

Requesters are expected to provide sufficient details to enable the custodian to search for the record. The cost of inspecting a record or obtaining its copy depends on several factors, including the request's complexity, the labor involved, and whether redaction will be necessary. Additional factors include the cost of duplication and mailing documents (if applicable).

Several government entities, including the County Clerk, Sheriff’s Office, Register of Deeds, and Criminal and Circuit court clerks, permit individuals to send in public record requests by mail or other accepted means. Tenn. Code Ann. § 10-7-503(a)(7)(A)(i) prohibits government agencies from requiring written requests solely for inspecting public records. A written request can only be mandated when the request involves both inspecting and obtaining copies of documents.

Some agencies may also provide certain information verbally over the phone. For example, the Sheriff’s Office Offender Information Center offers 24-hour access to current and released inmate information by calling (615) 862-8123.

Researchers can also search for public records on online databases provided by public agencies. Below are some databases available to the public:

• Criminal Court Case Search
• Sheriff’s Office Active Inmate Search
• Property Assessor's Real and Personal Property Search
• Metropolitan Nashville Police Department's Data Dashboard
• Register of Deeds' Online Records Portal

Find Public Records For Free in Davidson County

Members of the public can search for Davidson County public records online on third-party aggregator websites. These platforms offer convenient remote searches from anywhere, allowing users to look up various public records. Searches typically use identifying information on a record, such as party name, location, and date of birth.

While third-party websites aid public information research, they cannot issue official copies of public records. Records obtained from these sources are solely for informational purposes and should not be used for official or legal matters. Additionally, these websites do not furnish access to confidential or restricted records. Researchers must contact official record custodians to obtain certified copies or confidential information.

How to Remove Information From Public Records Free

Tennessee law allows for the removal or restriction of public records under specific circumstances. Depending on the type of record to be restricted, this process, which may involve sealing or expunging records, may require civil action or a formal request to the appropriate agency.

In Davidson County, common record removal requests pertain to personal information, criminal records, and court records:

• Personal Information: Individuals can submit a redaction request to the government agency responsible for maintaining the record. If the agency denies the request, they may file a complaint or seek guidance from the Office of Open Records Counsel.
• Criminal Records: Expungement is only possible in Davidson County if the record qualifies under Tenn. Code Ann. § 40-32-101. The Criminal Court handles expungement requests, and individuals can obtain more details by submitting an Expungement Inquiry.
• Court Records: The court that presided over a civil case oversees its removal from public records. However, in most cases, civil court records can only be sealed, not expunged.

Who Can Access Davidson County Public Records in Tennessee?

Under the Tennessee Public Records Act, only Tennessee citizens can inspect and request copies of public records. However, agencies may choose to provide access to non-citizens at their discretion.

Confidential records, on the other hand, are not publicly available regardless of citizenship. Access is typically restricted to specific individuals, such as:

• Parties directly involved
• Authorized government officials or agencies
• Persons granted access by a court order

What Happens if I Am Refused a Public Records Request?

When a person requests to inspect or obtain a copy of a record from a governmental entity, the request is reviewed to determine that all requirements are met. If all requirements are not met, the request may be denied. Possible reasons for a denial in Davidson County include:

• A request from a non-citizen
• Submitting the request to the wrong records custodian
• Providing insufficient details about the record
• Not inspecting the last two records made available within the past six months
• Having an outstanding unpaid fee for a previously requested record

If a request is denied, the agency custodian is required to communicate the underlying reason within seven business days. The last two reasons are considered penalties permitted by law for defaulting citizens. Individuals can resolve them by waiting six months before submitting a new request or paying any outstanding fees for previously requested records.

Regardless of the reason for denial, Tennessee citizens have the right to challenge an agency's decision through judicial review. A requester can file a petition with the Davidson County Chancery Court to seek a judicial review. The court may require the agency to justify the denial, as the burden of proof is on the agency. If, after review, the court determines the justification to be unwarranted, the court will order the agency to release the record. If the agency was determined to have willfully withheld the record, the court may order the agency to pay reasonable costs incurred by the petitioner.