How can I request a full scan of an older divorce file so I can access it online? – North Carolina

Short Answer

In North Carolina, an older paper divorce file is requested and managed through the clerk of superior court in the county where the divorce was filed. The clerk decides how and when to scan legacy paper files into the court’s electronic system, and local practice and workload control the timing. A requesting party can ask that the full file be scanned, pay any required copy fees, and then use the court’s online portal to view documents once the clerk’s office has completed the scan and updated the case. If access is delayed or denied, remedies generally run through follow-up with the clerk and, in limited situations, through the public records laws and the trial courts.

Understanding the Problem

The question here is narrow: under North Carolina family law procedure, how can someone ask a North Carolina clerk’s office to fully scan an older, paper divorce file so it becomes viewable through the court’s online portal? The typical setting is a decades-old absolute divorce between two former spouses that sits only in paper form in a county clerk’s archives. A law firm, now representing an adult child in a related family case in another jurisdiction, needs to review the entire legacy file. A representative contacts the clerk, asks for a “full legacy scan,” and is told the file will be scanned when workload allows and to check the portal later. The issue is what North Carolina law allows and requires in terms of requesting access, how court record-keeping and electronic access work, and what practical steps exist when timing matters.

Apply the Law

Under North Carolina law, the clerk of superior court is the custodian of the official divorce file and must maintain and index the record, while allowing public inspection of nonconfidential materials. The Administrative Office of the Courts sets record-keeping rules, including use of electronic systems and online access. Statutes authorize electronic filing and electronic court records, but they leave day-to-day decisions about scanning legacy paper files, timing, and formats to the judicial branch and local practice. Public access laws backstop a right to inspect and obtain copies of nonsealed divorce records, but they do not guarantee on-demand digitizing or same-day online access.

Key Requirements

Open court records (divorce files): The clerk must keep a divorce file as part of the civil records, index it, and make it available for inspection during normal office hours unless a statute or court order makes a portion confidential or sealed.
Electronic record-keeping and online access: The judicial branch may use electronic storage, scanning, and online portals for court files, with procedures and formats set by the Administrative Office of the Courts and the Supreme Court’s rules.
Public-records enforcement: If a person is denied access to inspect or obtain copies of public court records (as distinct from quick online access), the remedy is to seek relief in the General Court of Justice, which can order disclosure if the legal requirements for access are met.

What the Statutes Say

N.C. Gen. Stat. § 7A-109 (Record-keeping procedures) – requires each clerk to maintain court records, keep them open to public inspection (unless prohibited by law), and allows technological processes for indexing, storage, and retrieval.
N.C. Gen. Stat. § 7A-49.5 (Statewide electronic filing in courts) – authorizes statewide electronic filing and electronic signatures, with rules set by the Supreme Court and implemented through the Administrative Office of the Courts.
N.C. Gen. Stat. § 132-9 (Access to records) – allows a person denied access to public records, including nonconfidential court records, to seek a court order compelling disclosure or copying.

Analysis

Apply the Rule to the Facts: In the described scenario, the legacy divorce file for the former spouses is part of the clerk’s civil records and is generally open to public inspection unless something is sealed. The clerk has discretion over when staff can pull, scan, and upload the paper file into the electronic case management system, consistent with record-keeping rules and workload. The firm representative has done the main required step by clearly identifying the case and asking the clerk for a full legacy scan, but true legal “access” is satisfied so long as the clerk allows inspection and copies in some form; there is no statutory right to immediate online availability of every old document.

Process & Timing

Who files: Any interested person (including an out-of-county or out-of-state attorney) may make the request. Where: The clerk of superior court’s civil division in the North Carolina county where the divorce was filed. What: A clear written request (by letter, email, or local online form if available) asking for a “full legacy scan” and/or certified or regular copies of the divorce file, listing the case caption, file number, and specific documents if known. When: As soon as the need for the file arises; there is no statutory deadline to request scanning, but court staff will complete the work as workload allows.
After receiving the request, the clerk’s office typically retrieves the paper file from storage, confirms that the documents are public and not sealed, calculates any copy fees, and schedules scanning into the electronic system. Timeframes vary widely by county, case size, and staffing; it may take anywhere from a day to several weeks for long or archived files.
Once scanning is complete, the documents are associated with the case in the court’s case-management system, and available items become visible in the court’s online portal under that case number. If certain documents remain unavailable online (for example, because they are confidential or not yet scanned), the requester may still inspect them in person and order paper or certified copies through the clerk.

Exceptions & Pitfalls

Parts of some divorce files can be confidential or sealed (for example, adoption materials, certain juvenile-related documents, or records sealed by order), and those will not be available online even after scanning. Access to sealed materials usually requires a specific motion and court order.
Assuming that “public” means “instantly online” can cause delay; the legal right is to inspect and obtain copies, not necessarily to have every document appear in the portal on demand. A backup plan should include requesting paper or certified copies while the scan is pending.
Vague or incomplete requests—missing case number, county, or party names—can slow the process. Clearly identifying the case, stating that full-file scanning is requested, and confirming willingness to pay statutory copy fees helps the clerk’s office prioritize and process the request.
If a clerk outright refuses access to nonconfidential parts of a file (rather than simply needing time to scan), relief is generally sought through the trial courts under the public records framework, but this step takes time and careful consideration.

Conclusion

To request a full scan of an older North Carolina divorce file for online viewing, the requester must work through the clerk of superior court in the county where the divorce was filed, clearly identify the case, and ask that the legacy paper file be scanned into the electronic system, while being prepared to pay any copy fees and to use in-person inspection or mailed copies if timing is tight. North Carolina law guarantees public access to nonconfidential court records and authorizes electronic record-keeping, but it leaves the pace and method of converting older files to the clerk’s office and court rules. The most effective next step is to submit a clear written request to the appropriate clerk’s office and then follow up through the court’s portal and, if necessary, directly with staff.

Talk to a Family Law Attorney

If you are dealing with an older North Carolina divorce file and need it scanned so it can be reviewed online in connection with a current 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.