Dec32025
Family Law Q&A Series

Can the clerk change older divorce filings to public so I can download them, and how long does that take? – North Carolina

Short Answer

In North Carolina, most divorce case files kept by the clerk of superior court are public records unless a specific law or court order makes parts of them confidential or sealed. The clerk cannot simply “flip” older sealed or confidential documents to public; that generally requires a judge’s order. For records that are already public but not yet available online, timing to scan or provide copies depends on the county’s technology and workload and can range from same day to several weeks.

Understanding the Problem

The question is whether, under North Carolina family law and public-records rules, a clerk of superior court can change the status of older divorce filings so they become publicly viewable and downloadable, and how long that process usually takes. The focus is on past divorce cases that may not appear in online systems or that contain documents that seem unavailable. The core issue is whether these records are legally public, what limits apply, and what timeline to expect for access or copying.

Apply the Law

Under North Carolina law, clerk of superior court records are generally public unless a statute or court order says otherwise. Divorce cases are civil actions, so the default rule is openness, but there are important exceptions for juvenile matters, adoption records, certain vital records, and any record a judge has sealed. Access can be in person or, where offered, through electronic systems, but online availability is not guaranteed even when a record is legally public.

Key Requirements

  • Public-records status: Court records held by the clerk are public by default unless another North Carolina statute makes a particular type of record confidential or allows a court to seal it.
  • Clerk’s authority and limits: The clerk must provide public access to non-confidential divorce records but cannot on their own unseal documents or override statutory confidentiality.
  • Format and timing of access: Public access means the right to inspect and obtain copies; it does not guarantee instant online download. The timeframe depends on local procedures, technology, and staffing.

What the Statutes Say

Analysis

Apply the Rule to the Facts: With no specific case facts given, assume an older absolute divorce filed in a North Carolina county. Under the public-records and clerk-records statutes, that divorce file is generally public, so the clerk should allow inspection and provide copies, but might not have it available online. If part of the file involves a juvenile, adoption, or a sealed order, those portions stay confidential unless a judge orders otherwise; the clerk cannot unseal them alone.

Process & Timing

  1. Who files: The requesting party (any member of the public). Where: Clerk of Superior Court in the county where the divorce was filed in North Carolina. What: A public-records or file-copy request, often made at the civil division window or by written request following county instructions. When: Any time during regular office hours; older paper files may require retrieval from storage.
  2. Clerk’s staff locates the file, confirms whether any parts are confidential or sealed, and then arranges for in-person inspection or copying/scanning. Depending on county workload, this can be same day for readily accessible files, or several days to a few weeks if records are off-site or must be scanned.
  3. If the clerk denies access based on confidentiality or sealing and the requester believes the law allows access, the requester may ask a judge to review, or, for general public-record disputes, may file an action in the General Court of Justice under the public-records statute to compel disclosure.

Exceptions & Pitfalls

  • Records involving juveniles, abuse/neglect, or adoptions are governed by separate confidentiality statutes and are not fully public; related motions or orders in a divorce file may be restricted.
  • Some orders or documents may be sealed by a judge; only the court, not the clerk, can change that status on motion and proper legal grounds.
  • Assuming that “public record” means “immediately downloadable online” can cause confusion; many older files remain paper-only or on microfilm even though they are open to inspection and copying.

Conclusion

Under North Carolina law, older divorce filings kept by the clerk of superior court are generally public, and the clerk must allow inspection and provide copies, but cannot unseal or disclose records that statutes or court orders make confidential. The law does not require the clerk to convert every old file into an online download, and timing for access depends on local storage, scanning capacity, and workload. A clear written request to the correct county clerk is the key first step to learn what is available and how long it will take.

Talk to a Family Law Attorney

If accessing older North Carolina divorce records is important for a custody, support, or property issue, our firm has experienced attorneys who can help clarify what is public, what may be sealed, and the best way to request or challenge access. 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.