Are there scanning or copy fees for older divorce records, and how do I pay them? – North Carolina

Short Answer

In North Carolina, the Clerk of Superior Court can charge fees for copies and certified copies of court records, and a request for a full scan of an older paper divorce file may also trigger charges tied to the cost of reproducing the record. Payment methods and timing vary by county, but it is common for the clerk’s office to request prepayment or payment at pickup before releasing copies or completing a large reproduction request. For the most accurate total and how to pay, the clerk’s office will usually provide an invoice or fee quote once staff knows the page count and whether certification is needed.

Understanding the Problem

Under North Carolina family law practice, a party, attorney, or authorized requester may need an older divorce court file converted from paper to a digital format so it can be viewed through a court’s online portal. The single decision point is whether the Clerk of Superior Court charges a fee to scan or copy an older divorce file and, if so, how payment must be made before the clerk releases the digitized record. Timing often matters because legacy scanning is typically handled as staff workload allows rather than immediately at the counter.

Apply the Law

North Carolina treats many court case files as public records unless a law makes them confidential. When copies are requested, the government entity that holds the records may charge for providing copies. For uncertified copies, the general rule is that the charge cannot exceed the actual cost of making the copy, and a reasonable additional charge may apply if the request requires extensive staff time or information-technology resources. For certified copies, fees are set “as provided by law,” and court-related certification and copy fees are commonly governed by the court fee schedule statutes and local clerk practices.

Key Requirements

• Identify what is being requested: A “full legacy scan” can mean a complete reproduction of the paper file. Whether the request is a simple copy, a digital scan, or a certified copy affects pricing and processing.
• Pay the allowable reproduction costs and any required certification fees: Uncertified copies generally track actual duplication cost, while certified copies involve additional fees set by law.
• Follow the clerk’s payment procedure: Counties differ on whether payment must be made in advance, at pickup, by mail, or through an online payment link.

What the Statutes Say

• N.C. Gen. Stat. § 132-6.2 (Fees for copies of public records) – Allows copies in available media and limits uncertified copy fees to actual cost, with a reasonable special service charge for extensive staff/IT effort.
• N.C. Gen. Stat. § 132-9 (Court action to compel access/copies) – Provides a court process if access or copies of public records are denied.

Analysis

Apply the Rule to the Facts: The request described is for a full legacy scan of an older divorce case file so it can be viewed online after the scan is added. Because this is more than a single-page copy request, the clerk’s office may treat it as a reproduction request that can involve (1) duplication costs and (2) an additional reasonable service charge if the scan requires extensive clerical time. Since staff indicated the scan will be added when workload allows, the practical step is usually to wait for confirmation of completion and any fee quote or invoice before paying.

Process & Timing

1. Who files: The requesting party (often an attorney or records requester). Where: The Civil/Estates or Special Proceedings records area of the Clerk of Superior Court in the county where the divorce was filed. What: A written request identifying the case caption, file number (if known), and that a complete scan (and whether certification is needed) is requested. When: As soon as possible; large legacy scans are often queued and completed as staffing permits.
2. Fee quote and payment instructions: Once staff determines page count, confidentiality limits (if any), and whether certification is requested, the office typically provides the amount due and acceptable payment methods (often cash in person, money order/certified check by mail, or other county-approved options). Counties vary on whether personal checks or card payments are accepted.
3. Release and access: After payment (and after the scan is completed), the clerk may release copies directly (paper or electronic) and/or upload the scan so it becomes viewable in the court’s portal, depending on that county’s workflow and portal settings.

Exceptions & Pitfalls

• Certification changes cost and format: A plain scan for review and a certified copy for filing are not the same thing. Certified copies generally cost more and may require in-person pickup or a mailed request.
• “Actual cost” vs. staff-time charges: For large requests, the clerk may add a reasonable service charge when the request requires extensive clerical help or information-technology resources, which can surprise requesters who expect only a per-page rate.
• Portal access is not always immediate: Even after scanning, some counties upload to the portal in batches. A completed scan may exist before it becomes visible online.
• Confidential materials may be withheld or redacted: If the file includes items protected by law (for example, certain personal identifiers), staff may need time to review/redact before releasing copies, which can affect timing and cost.

Conclusion

In North Carolina, older divorce files can involve copy and scanning charges, especially when requesting a full file reproduction, and the clerk’s office may also add a reasonable service charge if the request requires extensive staff time. Payment method and whether prepayment is required depend on the county clerk’s procedures. The most reliable next step is to request a written fee quote from the Clerk of Superior Court and follow the office’s instructions for paying before the scanned record is released or uploaded.

Talk to a Family Law Attorney

If a legacy divorce file is needed for a related family court matter and timing or access is becoming an issue, our firm has experienced attorneys who can help explain options and timelines for getting North Carolina court records. 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.