Are Franklin County Records Public?

Yes. Most records created and maintained by the government and public agencies in Franklin County are presumed public under the Ohio Public Records Law (Section 149.43 of the Ohio Revised Code). The Ohio Public Records Law defines "public records" as any record maintained by a public office in a county, township, village, city, or school district unit. Per this law, public records may exist in any form, including written documents, audio tapes, video recordings, microfilms, photographs, storage discs, and other electronic media formats. They include Franklin County court records, criminal records, vital records, property records, and others. In addition, county agencies have rules and regulations guiding their release of public records. For instance, Sup. R 44(B) of the Ohio Supreme Court Rules of Superintendence governs public access to records generated by judicial agencies and courts. These legislations apply to all state, county, and local government agencies and are binding on all records they maintain unless such records are exempt under the law.

What is Exempted Under the Ohio Public Records Act?

The Ohio Public Records Law guarantees public access to records maintained by public bodies and government agencies. This Act ensures openness and transparency by allowing members of the public to inspect and copy records related to the performance of duties assigned to public agencies in Ohio. However, certain exemptions apply to maintain a balance between openness and infringement of privacy rights.

These exemptions primarily exist to protect the privacy rights of persons and agencies whose information is part of public records. In addition, some records whose disclosure may compromise official activities may also be temporarily kept from the public. In Ohio, state laws permit record custodians to either redact certain portions of a record from public access or withhold the entire record from public disclosure. The following records and information are typically exempt from public access under the Ohio Public Records Law:

• Medical and health records
• Records of Intellectual property
• Records of adoption proceedings and files related to adoption
• Law enforcement investigation reports termed confidential
• Trade secrets and test materials
• DNA samples and information stored in a DNA databank
• Records related to Trial proceedings and certain criminal history/ inmate records
• Records of minors and children under the custody of the Department of Youth Services
• The records and information preserved by the Department of Job and Family Services
• Specific records maintained by the Child Fatality Review Board
• Information about minors, and juveniles including those related to their recreational activities
• Financial information and statements filed with the Ohio Housing Finance Agency.

The list provided above is not exhaustive and access to them may vary depending on the requesting parties involved. Typically, record subjects, legal representatives, and certain government agencies may be allowed access to prohibited records for official purposes. However, individuals with a legitimate interest may petition a court to grant access to exempt records.

Franklin County Public Record Search

In Franklin County, the process of requesting public records may vary across the various public agencies and governmental bodies. The first step in conducting a Franklin County Public records search is determining the record custodian. Identifying the record custodian streamlines the search, avoids errors in record requests, and helps the requester obtain the appropriate information and procedures required to request a record.

Generally, record custodians may require requesters to send in handwritten requests or filled request forms either in person, via mail, or by electronic means such as fax and email. In addition, most agencies provide online resources for public access to records in their custody. For example, the Franklin County Recorder provides public access to its records via the Cloud Search or Legacy Site. Franklin County Court records are also remotely available for public inspection on the Franklin County Court of Common Pleas Case Information Online or the Franklin County Municipal Court Records Search.

Generally, most agencies charge record duplication fees. Also, inquirers must ensure that adequate description and information about the desired records is added to the record request. To obtain the right information and ascertain record availability, contact the appropriate record custodian before sending in record requests.

Find Public Records For Free in Franklin County

A walk-in visit to the office of a record custodian within regular hours to inspect their records is one way to obtain public records for free in Franklin County. Most agencies also provide self-service features in the public terminals they provide for free access to public records. However, another alternative is to utilize third-party websites also known as independent service providers or aggregators.

Third-party websites are commercial sites that are privately owned, independent, and not affiliated with any governmental body. They usually contain a wide range of information sourced from various sources which may include public agencies. Third party aggregators are suitable for searching public records across different jurisdictions, states, and counties. The minimum criteria for searching aggregate sites is usually a party name or case number.

The downside of sourcing information from third-party websites includes the inability to verify the accuracy, completeness, and currentness of the information contained in the sites. Hence, users are advised to verify the information retrieved from third-party websites with official sources.

How to Remove Information From Public Records Free

Ohio Revised Code Sections 149.45(C)(1) and (D)(1) mandate the State’s Attorney General to formulate forms that can be used to request redaction of personal information or addresses that have been made publicly available on the Internet by local agencies. Concerned persons are to submit duly completed "request for redaction" forms to the public office maintaining the records to be redacted from public access.

In addition, state laws permit eligible individuals to seal or expunge certain criminal records provided they meet the stipulated requirements. Persons who qualify for a sealing or expungement may fill out the appropriate form featured on the Criminal section of the Franklin County Clerk of Courts webpage. Upon completion of the application form, eligible persons may submit the forms alongside the required fees to the clerk's office of a court of jurisdiction.

Who Can Access Franklin County Public Records in Ohio?

Per Ohio Revised Code Section 149.43(B)(1), any person may request access to Franklin County Public Records in Ohio. Ohio state law does not require citizenship or residency for access to public records maintained in the state and various counties, including Franklin County.

However, section 149.43(B)(8) restricts persons incarcerated for a criminal conviction or juvenile adjudication from inspecting or copying records related to criminal investigations or prosecutions. Persons in this category can only access such records by the order of a judge or court ruling. Persons in doubt of their eligibility to access public records may contact the record custodian to confirm eligibility.

What Happens if I Am Refused a Public Records Request?

The Ohio Public Records Law grants everyone access to public records; however, certain circumstances may lead to the denial of a record request. For instance, record requests that are ambiguous, unclear, broad, and non-specific may be denied by the record custodian. Also, a request sent to the wrong record custodian may also be denied. In addition, requests for records exempt from public access or redacted may be denied.

Requesters who believe their record request was wrongfully denied may file a complaint with the Ohio Court of Claims under Sec. 2743.75 or petition a court of jurisdiction to issue a Writ of Mandamus. Concerned persons may explore either of the options mentioned above but not both of them. If the applicant wins the case, the record custodian will be mandated by the court to provide the applicant with the requested record as well as cover the costs of litigation.