Are Hamilton County Records Public?

Yes. Records kept by Hamilton County public offices are subject to the Ohio Public Record Act and considered public records except when exempt under the act or a state or federal law prohibits the record’s release. Codified in Ohio Revised Code 149.43, the Act states that public records must be available to interested persons to copy and inspect. Additionally, most Hamilton county court records are open to the public under Ohio Supreme Court Rules of Superintendence 45 (4).

According to Ohio Revised Code § 149.011(G), records include any document, device, or item, regardless of physical form or characteristics, created, received, or under the jurisdiction of any public office. Records generally document a public office's functions, decisions, activities, operations, procedures, policies, and other activities.

What is Exempted Under the Ohio Public Records Act?

Exempt records under the Ohio Public Record Act are considered confidential and protected for being accessible to the general public. These records are typically only accessible to persons or entities that are legally entitled to the record or for eligible reasons. These entitled persons, entities, and eligible reasons include the record’s subject, their legal representatives, public agencies that require the records to conduct official functions, and individuals with a court order requiring the record release. Examples of exempt records and information under the Ohio Public Record Act include but are not limited to:

• Medical record
• Trial preparation records
• Social security number
• Confidential law enforcement investigatory records
• Intellectual property records
• Donor profile records
• Adoption proceedings
• DNA records
• Juvenile offender’s records

Hamilton County Public Record Search

To conduct a Hamilton County public record search, record seekers must identify the public office or agency that maintains the desired record. Generally, Hamilton County does not have a central repository for public records. The responsibility of preserving different types of public records cuts across several Hamilton County public offices and agencies based on their official functions. As a result, it is important to identify the public office or agency responsible for maintaining a desired public record to direct public record requests adequately.

In Hamilton County, the methods of conducting a public record search may differ by public agency. Notwithstanding, requesters are required to provide sufficient details about the sought record to facilitate their search. These details include the names of individuals stated in the record, a case number, an estimated date the record was created, etc. Most public agencies accept in-person requests for public records at their physical address during regular office hours. Some public offices also provide dedicated request forms that record seekers can complete and submit to request records. An example is the document request form provided by the Hamilton County Clerk of Court office that record seekers can use to request public court records. In other cases, a public agency may provide online resources that record seekers can use to access or request copies of public records they maintain. Some examples include the Hamilton County Sheriff’s Office’s Public Record Request portal and Hamilton County Recorder's Public Document Inquiry Service portal.

A good rule of thumb is to contact a Hamilton County public agency or office to inquire about their procedures for requesting public records in their custody. Some agencies also provide information on how record seekers can request public records on their official websites. Interested persons can find contact information and links to the official websites of some local public agencies through the Hamilton County Departments' directory.

Find Public Records For Free in Hamilton County

The most direct way to find public records for free in Hamilton County is by visiting public agencies during official business hours to request and inspect records. Public agencies typically do not charge record seekers a fee for in-person inspection of public records they hold. However, if an individual requests copies of a public record, they may be charged a nominal fee to cover the agency’s cost for reproducing copies. It is worth noting that some public agencies also provide online resources that record seekers can use to search and access public records under their custody for free. An example is Hamilton County Recorder's Public Document Inquiry Service portal.

Another way to find Hamilton County public records is through third-party websites that offer public record search services. Record seekers can choose this route when a public agency does not provide online resources to access public records, and they cannot visit an agency in person to inspect or request records. These third-party websites typically host online databases containing public records retrieved from official sources across different states and counties, including Hamilton County, Ohio. As a result, they can be used to perform inter-county and inter-state searches for public records. Criteria required to conduct a public record search through these websites include a subject’s name or case number. Most third-party websites are privately operated and not connected to any government entity. Furthermore, the records they provided may contain incomplete or incorrect information. Therefore, it is important to compare results from these third-party websites with those collected from official sources to ensure their accuracy.

How to Remove Information From Public Records Free

Interested persons can remove information from public records in Hamilton County through official processes, such as redaction, expungement, and sealing requests. The general public can submit a redaction request to a public office to remove certain types of personal information made publicly available online by the office using the Personal Information Redaction Request form provided by the Ohio Attorney General. Requesters should complete the request form and submit it to the appropriate public office. Similarly, professionals covered in ORC 149.45(D)(1) are also entitled to request that the public office redact their address from public access using the Address Redaction Request form.

On the other hand, certain eligible records can be sealed or expunged under Ohio law. The difference between sealing and expunging a record is that the latter permanently destroys the record, while the former makes affected records unavailable for public access. In Hamilton County, eligible persons can request for expungement or sealing of a record through the Municipal Court or Courts of Common Pleas using the appropriate request form (Common Pleas Sealing/Expungement and Municipal Sealing/Expungement). It is worth noting that the Hamilton County Clerk of Courts provides a detailed publication on record sealing and expungement processes.

Who Can Access Hamilton County Public Records in Ohio?

Under the Ohio Public Record Act, there are no requirements to access public records. As a result, anyone, regardless of where they reside, can access and request copies of Hamilton County public records through public agencies and offices.

What Happens if I Am Refused a Public Records Request?

Common reasons for a public record request denial by a Hamilton County public office or agency include but are not limited to the following:

• The request was ambiguous or overly broad per Ohio Revised Code 149.43 (B)(2)
• The agency to which the public record request was submitted is not the custodian of the requested record.
• The requested record is subject to a valid exception under the law.

Suppose a requester believes the reason for their public record request’s denial is unwarranted under the law. In that case, they can file a lawsuit, also known as a mandamus action, against the public office with a local Common Pleas Court or Court of Appeals. Alternatively, requesters can file a complaint with the Ohio Court of Claims.