Dec32025
Family Law Q&A Series

Do I need to appear in person to request the scan, or can it be handled remotely? – North Carolina

Short Answer

Under North Carolina law, most divorce case files are public court records, and a clerk is allowed to fulfill copy and scanning requests without an in-person visit. Whether a “legacy scan” request can be handled entirely remotely depends on that clerk’s office procedures, available online systems, and any local identification or payment requirements. In practice, many clerks accept requests by phone, email, mail, or online form and then make the images available through the court’s portal once scanning is complete.

Understanding the Problem

The narrow question is whether, in North Carolina, a person or law firm representative must appear in person at the clerk of superior court’s office to request that a legacy paper divorce file be scanned, or whether the request and fulfillment can happen remotely. The situation often arises when a firm handles a related family law matter in another jurisdiction and needs access to an older divorce case through the court’s online portal once it is digitized. The core concern is what North Carolina law requires versus what each clerk’s office is allowed to do by its own policies for records access, payment, and timing.

Apply the Law

North Carolina treats most court records, including divorce files, as public records unless another law makes them confidential. The clerk of superior court must keep these records, make them available for inspection at reasonable times, and may provide remote electronic access where technology allows. North Carolina’s public records law does not require a requester to appear in person, and the courts have authority to offer online or remote access instead of in-person copying.

Key Requirements

  • Public record status: The divorce file must be a public record and not sealed or made confidential by a specific statute (for example, adoption or juvenile records).
  • Custodian’s duty to provide access: The clerk, as custodian, must permit inspection and furnish copies of public records at reasonable times, subject to reasonable supervision and preservation needs.
  • Permissible remote access: The clerk may satisfy access duties by providing online viewing or electronic copies, and may set reasonable procedures for requests, identification, and payment without requiring in-person appearance.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In the described scenario, a firm representative has already contacted the North Carolina clerk’s office and requested a full legacy scan of a divorce file, with the stated goal of viewing it through the court’s online portal. Under the public records statutes and the court-records statute, the clerk is allowed to honor that request without any in-person appearance, as long as the file is not sealed and office procedures for scanning, fees, and workload are followed. The staff response—that the scan will be completed as workload allows and the portal should be checked later—fits within the clerk’s discretion on timing, not a requirement that someone appear in person.

Process & Timing

  1. Who files: Any person, including a law firm representative. Where: The office of the Clerk of Superior Court in the North Carolina county where the divorce was filed. What: A request for copies or a “legacy scan” of the case file, typically made by phone, email, mail, or via any online request form the clerk provides. When: At any time, but scanning and posting may occur only as staff time permits.
  2. The clerk’s staff locates the paper file, determines whether it is eligible for public access, and either scans the full file or the requested portions. Timeframes vary by county, staffing, and file size; staff often give an estimate or ask the requester to check the portal later.
  3. Once scanning is complete, the electronic images are linked in the court’s online portal (if that county’s system supports it), or copies are transmitted by the method the office uses (portal access, email, or mailed paper copies) after any required fees are paid.

Exceptions & Pitfalls

  • Some family law files (such as juvenile, certain adoption-related matters, or sealed portions of a case) are confidential and not available for general public scanning or portal access.
  • Local procedure matters: each clerk’s office may have its own process for taking remote requests, verifying identity, and collecting fees; failing to follow that process can slow or block the scan request.
  • Old or fragile paper records may be subject to special handling, and the clerk may impose reasonable restrictions or partial scanning to prevent damage.
  • If a clerk refuses access to a public divorce record without a valid confidentiality basis, the public records enforcement process typically requires a written request and, if necessary, a court action to compel disclosure.

Conclusion

For a legacy divorce file in North Carolina, the general rule is that the clerk of superior court may receive and fulfill a scan or copy request without requiring any in-person appearance, so long as the file is a public record and office procedures are followed. State law allows the clerk to satisfy access duties by providing records online or otherwise remotely, and timing depends on workload and preservation concerns. The practical next step is to confirm that the request is documented with the clerk’s office and to follow that office’s stated process for monitoring the online portal or arranging delivery of copies.

Talk to a Family Law Attorney

If you’re dealing with access to a North Carolina divorce file for a related family law matter, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.