Tennessee’s state and local governments create public records as they conduct business for Tennesseeans. These records document the work of public agencies and provide evidence that helps citizens understand the impact of government decisions. They empower the public to hold their leaders accountable, which is why they must always be accessible for public inspection.

Public records are public property. By law, state and county governments must keep certain records, ensuring they remain in public custody. At no time can private individuals own, trade, sell, or buy these records. The government has a serious responsibility to protect these records, as mandated by law.

The private sale of public records is strictly prohibited under TCA § 39-16-504, known as the replevin law. This law allows for the repossession of any public records that have been removed from government offices. Violation of this law is a Class E felony.

What Can You Do?

  • If you are a document collector, or dealer, or work at an archive, library, historical society, or museum, you can:
    • Avoid buying, selling, or trading lost or stolen Tennessee records.
    • Identify and report lost or stolen public records to the Tennessee State Library and Archives.

Why Report Tennessee’s Lost Public Records?
The Archives Development Program staff at the Library & Archives will help determine if items are government records that belong in state or county archives. By avoiding the purchase of stolen records from sources like eBay, you will save time and money and help maintain access to our government records. 

How Can the Tennessee State Library and Archives Help?

Tennessee’s replevin law allows law enforcement to reclaim alienated public records without compensating the would-be private owner. The Archives Development Program staff at the Library & Archives can advise you on the next steps after reporting a lost or stolen record, often directing you to your county attorney, sheriff, or archivist. It is then up to law enforcement authorities to prosecute theft; we are unable legally to take direct action due to a conflict of interest. 

Print and share our brochure to raise awareness about this important issue!

Review our more in-depth Tennessee Archives Management Advisory on this important topic.