Are Shelby County Records Public?

Yes. Tennessee is an open-record state, per the Tennessee Public Record Act. As a result, most records maintained by different government entities in the state, including Shelby County, are presumed public.

Under the Tennessee Public Record Act (TPRA), also known as the Sunshine Laws, Tennessee citizens are granted the legal right to obtain, examine, or retrieve copies of state, county, and municipal public records. The act describes "public records" as all documents, papers, books, letters, photographs, maps, sound recordings, films, electronic data, microfilms, or other materials, regardless of physical form or characteristics. These materials are considered public records if any government entity generates or receives them due to official business they conduct or pursuant to a law or ordinance.

Besides the TPRA, laws like Supreme Court Rule 34 establish the public's right to access public records maintained by government agencies and courts including Shelby county court records.

What is Exempted Under the Tennessee Public Records Act?

The Tennessee Public Record Act (TPRA) is not absolute. The act is subject to several statutory exceptions that make certain otherwise public records confidential and exempt from public disclosure. These records are typically made confidential due to the sensitive nature of their content or to avoid unwarranted disclosures of an individual’s personal information. The Statutory Exceptions to the TPRA are codified in different sections of the Tennessee Code, and they include but are not limited to the following:

• Juvenile records
• Identifying information of alleged victim(s) of domestic violence
• Campaign finance
• Reports of child abuse or sexual abuse
• Handgun permits
• Medical records
• Marriage mediation records
• Adoption records
• Identifying information about patients in healthcare facilities
• Abortion records
• personal identifying information of individuals arrested or charged but not convicted of an offense.
• Trade secrets
• Hospital records

Generally, a record can be wholly exempt or contain confidential information (that is redacted before making it public). In either case, eligible persons and entities are typically allowed complete access to exempt records. These eligible persons and entities include the record’s subject, their legal representatives, or government entities for official purposes.

Shelby County Public Record Search

Shelby County does not have a central repository for public records. Hence, record seekers must ascertain the government entity (or entities) that is the custodian(s) of the sought-after public record to appropriately direct their public record search queries.

Shelby County government entities may offer different avenues for accessing public records they maintain and procedures for accepting and processing public record requests. Most agencies accept in-person requests for public records under their custody during regular office hours. Meanwhile, some agencies provide resources that record seekers can use to search for public records and information online. These online resources are typically accessible through the agency’s official website. Some examples include the Shelby County Sheriff’s Office (SCSO) Inmate Search portal and Shelby County Register of Deeds Property Record Search portal. In other cases, an agency may provide a dedicated public record request form requesters can complete and submit to request public records. A good example is the SCSO Public Record Request form.

Regardless of how the custodian of a public record operates, there are several factors records seekers must consider to make a successful Shelby County public record search request:

• The provision of TPRA is strictly geared towards Tennessee citizens. Hence, record seekers may be required to provide evidence of Tennessee residency when requesting public records under the act.
• Requesters must be able to provide sufficient information about the sought-after record to identify it adequately.
• Requests for copies of a public record are usually subject to a fee.

Find Public Records For Free in Shelby County

Most Shelby County government entities allow records seekers to search and inspect public records they preserve for free at their physical address during regular office hours. Some agencies also provide online resources that interested persons can use to access relevant public records remotely. These online resources are typically hosted on the agency’s official website and are searchable using specific details about the desired records, such as a subject name.

Alternatively, records seekers can utilize third-party aggregator websites to find Shelby County public records for free. These websites are operated by private individuals and entities that maintain a public records database containing records retrieved from different government entities across various states and counties, including Tennessee and Shelby County. They typically feature a user-friendly search interface that record seekers can use to search for records and information stored within the database. Usually, only basic information like a party’s name or case number is required to search these third-party aggregator websites. A primary advantage of using these websites to conduct public record searches is that they streamline the search process as their database contains records from different regions and government agencies. As a result, interested persons can use most aggregator websites to conduct inter-state, inter-county, and interagency public record searches simultaneously. However, a downside is that the records they provided may contain incomplete or inaccurate information.

How to Remove Information From Public Records Free

Interested persons can request that eligible information be removed from public records in Shelby County through expungement processes. The expungement law outlines the requirement that a record or information must meet to qualify for removal. If a record meets these requirements, the record’s subject can apply for expungement through the Shelby County Circuit Court using the appropriate form (expungement order form or partial removal form).

Who Can Access Shelby County Public Records in Tennessee?

Under the Tennessee Public Record Act, only Tennessee Citizens are granted the right to access public records. As a result, requesters must usually provide proof of their Tennessee citizenship, such as a Tennessee driver’s license or photo ID, when requesting public records under the Act. Nonetheless, some agencies may grant nonresidents access to public records.

What Happens if I Am Refused a Public Records Request?

Common reasons requesters may be denied access to Shelby County public records they request include but are not limited to the following:

• The requester is not a Tennessee resident or can not provide proof of their Tennessee citizenship.
• Lack of adequate information to identify the sought-after record
• The record is confidential due to a state or federal statute or court order.
• The requested record does not exist.

Suppose a Tennessee citizen was denied complete or partial access to a Shelby County public record. In that case, they can petition the County Chancery or Circuit Court to review the action taken by the record custodian under T.C.A. § 10-7-505.