Are Cuyahoga County Records Public?

Yes. According to Chapter 149, section 43 of the Ohio Revised Code, public records are records kept by any public office, including state, county, city, village, township, and school district units. These records include any document – paper, electronic, or other format – that is created, received by, or under the jurisdiction of a public office that documents the policies, decisions, or operations of the office. Examples of electronic forms of records are spreadsheets, graphic presentations, and written electronic communications, including but not limited to texts and electronic mail.

The Cuyahoga County Code (Section 106.05(C)) also ensures that public records are made available promptly for inspection or copying following a request. The applicable public offices or agencies will provide the requestor with a receipt describing the public records request and may provide a timeframe for reviewing and delivering the requested records. The county’s public records include Cuyahoga County court records, vital records, property records, and criminal records.

What is Exempted Under the Ohio Public Records Act?

The Public Records Act may permit public access to government records. However, section 149.43 of the Ohio Revised Code provides limited exemptions to protect certain records from mandatory release. The public records custodian will strictly interpret any exemptions in the state's public records laws that permit certain types of records to be withheld from disclosure. The public office or law agency also must ensure that all exemptions apply.

There are three broad types of public records exemptions, and a record may fall into one or more categories:

• A public office cannot release certain documents
• A public office to choose whether to release certain documents
• The custodian temporarily sequestered the record from public access.

The following are examples of records or information removed from the definition of public record in Ohio, including:

• Confidential law enforcement investigatory records
• Medical records
• DNA records stored in the DNA database following section 109.573 of the Ohio Revised Code
• Probation or parole records
• Adoption files and records
• Information from records contained in the putative father registry
• Case records pertaining to ongoing criminal investigations
• Trial preparation records
• Certain inmate records
• Intellectual property records
• Donor profile records
• Trade secrets
• Juvenile court records
• Case documents containing information about victims and vulnerable persons
• Certain records from the Child Fatality Review Board.

To access exempted public records in Cuyahoga County, one can make a request to the public office to keep the records. Generally, only authorized persons will be allowed access, including the record subject, their immediate family members or legal representatives, persons with a court order, and government officials who need the record for official purposes.

Cuyahoga County Public Record Search

The Cuyahoga County Code and Ohio Revised Code allows inquirers to request a public record search from the appropriate office. However, the requester must first identify the type of record using accurate information to ensure the public office can retrieve and review the records. This is also necessary for the records custodian to search for records and deliver upon request effectively.

There are public offices that keep various types of public records and may provide in-person and online services to retrieve records in the county. For example, the Cuyahoga County Clerk of Courts is responsible for filing, retrieval, and public dissemination of specific court documents and records. Visit the office at Cheryl Denton, 2nd floor Justice Center, 1200 Ontario Street, Cleveland, Ohio, within office hours (Monday-Friday: 8:30 a.m. to 4:30 p.m.) to access public records. The court also maintains an online Case Records Search System and processes requests sent by email to coccfr@cuyahogacounty.gov.

The Cuyahoga County Public Records Request Form may be used to make online requests to various offices and agencies in the county. According to the County Clerk's office privacy policy, the requester does not have to submit a record request in writing or provide identification information or the purpose of the requested public record. Certain specific information may only be required in a written request if the requestor's identity or the purpose of the record must be disclosed to assist the record custodians in processing the request. Generally, however, information like a party name, case number and the document's filing date range may help expedite the case search process or streamline search results.

Find Public Records For Free in Cuyahoga County

To access public records for free in Cuyahoga County, inquirers may visit the locations of various record custodians in person during work hours or seek out record retrieval systems made available by law agencies in the county. However, third-party websites provide access to public records in the county at little or no cost.

Third-party websites are online databases or systems that ensure remote electronic access to public records in Cuyahoga County.

The major difference between third-party websites and official websites is that a company or government does not own the former. These sites make it convenient for individuals who cannot visit public offices in person to access public information from anywhere. It also offers user-friendly interfaces for users to search for any public information across the state quickly. The downside to using third-party websites is that information from these databases varies in accuracy and completeness. They may also restrict access to extensive information to registered users and cannot provide certified copies to requesters.

How to Remove Information From Public Records Free

In Cuyahoga County, removing information from public records may require the subject of the record to apply for record sealing or expungement. The subject should meet certain requirements to be eligible to expunge a public record (ORC Section 2953.32). However, to delete any information exempt from the duty to permit public inspection or copy a public record for free, the subject may apply for redaction. The Ohio Attorney General provides forms to request the redaction of certain types of personal information that has been made available to the general public online or through public offices (ORC 149.45(D)(1)).

Who Can Access Cuyahoga County Public Records in Ohio?

According to Ohio Rev. Code § 149.43(B)(1), anyone may access Cuyahoga County public records in Ohio. The law states, "Upon request by any person, all public records responsive to the request will be promptly prepared and made available for inspection to the requester at all reasonable times".

What Happens if I Am Refused a Public Records Request?

There are laws that protect certain records when a public office withholds them from public disclosure. For instance, where a public office uses one of the exceptions, the office may withhold a record or part of a record covered by the exception and should tell the requester what legal authority it relies on to withhold the record. If only part of a record is protected by an exception, then the public office may redact only that part of the record and provide the unprotected remainder to the requester (Ohio Rev. Code § 149.43(B)(1).

Other cases where a public record request is refused or denied include:

• Compliance would unreasonably interfere with state interests
• The office no longer keeps the records
• The request is for items that are not records of the office
• The request is ambiguous or overly broad
• The requester refuses to pay administrative fees.

If the public office denies a public record request, the requester may file a direct appeal with the record custodian or choose to file a complaint with the court. The public office responsible for the requested public record will provide the requester with an explanation, including legal authority, on why the request was denied (Ohio Rev. Code § 149.43(B)(3)).