Is evidence available to the public?

Asked by: Miss Ernestina Feeney Sr.  |  Last update: February 5, 2026
Score: 4.2/5 (43 votes)

Yes, much evidence, especially from court cases, is publicly accessible, but access varies; federal records are often online via PACER, state records are usually at courthouses/portals, but family/trade secret info can be sealed, and discovery (evidence shared between parties) has specific rules, with key items like exculpatory evidence needing disclosure to the defendant.

Is evidence made public?

Once introduced in a judicial proceeding, however, physical evidence or records of physical evidence become subject to the public's constitutional and common law rights of access to judicial proceedings generally.

Can I see the evidence against me?

When the state files charges against you, it's safe to assume that prosecutors have evidence that implicates you and can be used against you at trial. All defendants have the right to access this evidence through what is known as the discovery process.

Are Alabama court records public?

Yes, Alabama court records are generally public under Alabama Code § 36-12-40 (1975) (the Public Records Act), allowing citizens to inspect and copy them, but exceptions exist for sensitive information like trade secrets or private family matters (divorce, adoption), and rules protect victims of sexual assault and children. You can search many records online via Alacourt ACCESS V2.0 or county websites, with fees for copies, or submit formal requests to the Alabama Administrative Office of Courts (AOC) or local clerks. 

What trials are not open to the public?

There is limited or no public access to trials in certain kinds of courts, including most juvenile criminal cases, family court proceedings and some national security matters.

Judge Orders Blake Lively to Release Her Evidence Publicly! Plus, Colton Underwood Drama

16 related questions found

What is the hardest case to win in court?

The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
 

Do all trials have to be public?

There are some exceptions to public trials when the judge determines that making the proceedings public would pose a serious risk of harm. This allows them to limit the spectators to courtroom personnel.

What Alabama records are not public?

In Alabama, many public records are accessible, but key exceptions include ongoing criminal investigation details, sensitive personnel files, juvenile court records, tax returns, financial statements, patient/client information, and records that could compromise security or reveal personal data like Social Security numbers or victim identities. State agencies can withhold records that are confidential by statute, such as some internal drafts, while court records also have strict redaction rules for privacy. 

What shows up on public records?

They provide a transparent account of government activities, including legislative proceedings, administrative decisions, legal transactions, and vital personal events. Email, text messages, and other digital communications are typically considered public records in the digital age.

How to look up someone's court records for free?

You can perform a free court records search for federal cases via PACER (with some usage fees for documents) and for state/local cases through individual state court websites or county clerk portals, often for free basic access to case dockets, with third-party sites like RECAP or Justia sometimes offering free access to federal documents. Be aware that while basic searches are often free, downloading actual documents (especially from federal courts) usually incurs costs on PACER, but some states offer free online access to their own records. 

Do you have the right to see the evidence?

To help guarantee a fair trial a defendant has the right to be provided with any material which could assist them in defending themselves. They have a right to an open and honest prosecution which reveals any weakness in the case against them.

What color do judges like to see in court?

Judges generally prefer neutral, conservative colors like navy, gray, black, and white, as these convey seriousness, respect, and professionalism, avoiding distractions in a formal court setting; bright colors, bold patterns, and overly casual attire should be avoided to show you're taking the proceedings seriously. While some suggest lighter, muted tones (like light blue) might leave a favorable impression, the key is sobriety and fitting in, not standing out.
 

How can I find evidence?

Here's a quick guide to effective evidence gathering:

  1. Identify what you need to prove (elements of your legal claim)
  2. Document the scene with photos and videos.
  3. Collect contact information from all witnesses.
  4. Secure official records (police reports, medical documentation)
  5. Preserve physical items related to the incident.

What are the 4 types of evidence?

The four main types of evidence, especially in legal and academic contexts, are Testimonial (spoken/written statements), Documentary (written records), Physical/Real (tangible items), and Demonstrative (visual aids like charts/diagrams). Other categorizations exist, like evidence for arguments (anecdotal, descriptive, correlational, causal) or textual evidence (quoting, paraphrasing).
 

Why would a case not be public?

Courts close cases to the public to protect national security, witness safety, fair trial rights, and sensitive information, especially in cases involving minors, trade secrets, or ongoing investigations, ensuring justice isn't compromised by public exposure or intimidation. Reasons include protecting informants, preventing retaliation, shielding graphic/sensitive evidence, and maintaining the integrity of juveniles and family matters. 

Can screenshots of messages be used as evidence?

Yes, screenshots of messages can be used as evidence, but they are often considered weak or unreliable on their own because they can be easily edited, cropped, or taken out of context, making them difficult to authenticate; courts prefer original messages with complete metadata (dates, times, sender info) and often require extra proof, like testimony or forensic analysis, to confirm they are genuine. 

What records are not available to the public?

Files that are protected from disclosure by any of nine exemptions and three exclusions (e.g. classified records, personal medical records, and trade secrets). For details see the FOIA Exemptions and Exclusions on our USGS FOIA website.

What crimes show up on a record?

Felony criminal convictions, including murder, rape, kidnapping, arson, theft (values larger than $500), and aggravated assault. Misdemeanor criminal convictions, such as vandalism, trespassing, public intoxication, disorderly conduct, prostitution, and theft (values less than $500)

What information is available to the public?

Public information is any data, records, or details that government agencies or public bodies create, collect, or maintain in connection with official business and are made available to the public, promoting transparency and accountability, and includes things like meeting minutes, financial reports, employee salaries, and court records, though certain sensitive data may be withheld. It exists in various formats (digital, paper, audio, video) and is accessible through laws like Freedom of Information Acts (FOIA).
 

Can I sue someone for recording me without my permission in Alabama?

Summary. Alabama law sets criminal penalties for recording or disclosing private communication of others without the consent of at least one of the persons involved. The statute also bans secret observations while trespassing on private property, with or without recording.

What is not a public record?

Although most records are subject to public record laws, those exempt from mandatory disclosure, include: Private personnel information. Records compiled for litigation. Certain criminal investigatory materials.

What is the new law in Alabama July 1 2025?

On May 14, Governor Ivey signed HB 166, or “the FOCUS Act.” The bill requires all local school systems to adopt a classroom cellphone ban policy by July 1, 2025, while also mandating the development of a policy for safe student internet use and directing the State Department of Education to create a digital course on ...

Is evidence in a trial public record?

No, discovery in a criminal case is not usually part of the public record. Courts generally treat them as part of the pre-trial process, not the official public court record.

How do I know if a trial is public?

Access for All. Most courtroom proceedings are open to the public on a first come, first served basis. A person who wishes to observe a court in session may check their local federal court calendar online or at the courthouse and watch a proceeding in person.

What is admissible evidence in court?

Admissible evidence refers to any proof that a court allows to be presented to the jury or judge during a criminal trial. The California Evidence Code governs what is considered admissible, ensuring that only legally obtained, relevant, and trustworthy evidence is used.