<<What I really wanted to get was copies of records of my grandfather's
arrest in the 1920's.  Those records are over 80 years old and
grandfather has been deceased since 1958.  What harm would it have
done to allow me to look at them?>>


I am shocked and horrified that you could be denied access to an 80 year old criminal record.  This is a misunderstanding of the privacy laws. There has not been a law passed in this state, or in any that I am aware of, that would prevent you from copying such a record. You can get anyone’s current criminal record in a matter of minutes. Openness of the court system is a cornerstone of our democracy. If we give that up, then we are waving a flag of surrender to the terrorists and garden-variety criminals.

Vital records are another matter. Many localities are restricting access to birth records, death certificates, etc. Usually all that is needed to obtain a certified copy is proof of descent from the individual, or just an assertion of descent. There has been talk of pulling data bases off the internet, and this has been happening about as fast as the data bases went on-line in the last few years. There has even been an attempt to remove the social security data base from the net. One state [I believe it was Indiana] asked everyone who had downloaded their data base to please return the information to the state! I completely fail to see how obtaining my grandfather’s social security number is going to aid a terrorist or criminal. I can’t order a pizza or Chinese dinner from my home without providing my current address, 2 phone numbers and my "driver’s license number". [my social security number]. A few years ago, I wrote a check for a Saturday night meal at a restaurant and at 8:00 on
 Sunday morning a very drunk man was at my door, asking if I had work for him. "Remember me?" , he asked. I asked how he knew me and was informed that he went to the cash drawer at the restaurant and copied my name and address from the check. I’ve hardly written a check since. And I’m supposed to be worried about someone getting my grandfather’s Social?

One problem with accessing court records is that the clerk’s believe they "own" the records and can do "anything they want with them", as I was told by one clerk. I believe clerks are *custodians* of public records: the public owns the records, which are the recorded history of our country. The city of Norfolk is routinely disposing of these public records. Norfolk is the only locality in the state that didn’t take advantage of a state grant to microfilm the old documents. I was told that as they run across the records , "in the course of doing business", the records are put in a box and destroyed at the end of the day. I asked if I could buy them. "No, they are public records". I offered to take them for transcription No, they are public records, and have to be put in the trash. I then asked if I could scan them, and they said they would have to check. I drove directly to my computer dealer and found it would be too expensive for me to obtain the necessary equipment. I was also told
 by a deputy clerk that he hoped to publish "some of this stuff, someday". I sure hope he transcribed everything that was being destroyed, but I doubt he did.

The climate of hoarding, denying access, and destroying old documents has given me a deep sense of urgency to record family histories - before it is too late. And by the way - if you can’t get access to the 80 year old criminal record, I suggest that you call your congressman, and one of the Aids of the congressman will obtain it for you, or make a call to the clerk so that you can get it. That is part of the job, and they might be interested in the denial of access.

Langdon Hagen-Long



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