Are Cook County Records Public?

Yes. Most records generated by Cook County government offices are designated as public records under 5 ILCS 140/, the Illinois Freedom of Information Act.

Paraphrasing 5 ILCS 140/2(c), public records are defined as any documentary material in any format received, retained, or produced by public bodies as part of their official business. Public bodies include institutions funded by taxpayers and others listed under 5 ILCS 140/2(a).

Under Illinois's FOIA, members of the public are free to request inspection or reproduction of documents and information pertaining to the official duties of county clerks, treasurers, assessors, courts, and law enforcement, among others.

The judiciary is not recognized as a public body subject to the Illinois FOIA. Instead, the Illinois Court Record and Document Accessibility Act (705 ILCS 86/) regulates public access to the records generated by Illinois courts, including the Cook County court records.

What is Exempted Under the Illinois Public Records Act?

Illinois public records laws, such as the FOIA, facilitate access to many governmental records. However, agencies are allowed to deny requests for protected or confidential information. Protected records are restricted to prevent unauthorized access to private information and the release of sensitive details that may cause harm.

Restricted records outlined in 5 ILCS 140/7 and the Court Record and Documents Accessibility Act include the following:

• Personal identifying information: Social security numbers, driver's license numbers, home telephone numbers, biometric data, employee identification numbers, and private access codes
• Financial information: Bank account numbers, financial statements, credit and debit card digits, and tax information
• Law enforcement records: Certain case documents maintained by law enforcement, such as mental health evaluations, materials related to ongoing investigations, and sealed/expunged arrest records, are not accessible to members of the public
• Records sealed by a court
• Juvenile records
• Information covered under the Judicial Privacy Act (705 ILCS 90/), the disclosure of which may pose a significant risk to the safety of judicial officers
• Statutorily protected records: Records deemed confidential by federal law or another state regulation

Confidential records are typically only accessible to case parties and authorized entities, such as record custodians and government agencies. However, Illinois law allows individuals who believe they should be allowed to view a record to petition the Attorney General’s office or a court of law for access.

Cook County Public Record Search

Every government office in Cook County can receive requests for public records under the FOIA. However, before a person submits a request to any office, they must first determine that the office is the custodian of the record(s) they seek. The following local offices maintain records commonly requested by members of the public:

• Cook County Assessor: This office keeps records related to property assessments for the purpose of taxation. Members of the public can contact the assessor's office or use its online resources to view property assessment values, ownership information, and other real estate details.
• Cook County Clerk: The clerk maintains vital records (death, birth, and marriage certificates), statements of economic interests, property tax data, and election records
• Cook County Treasurer: The treasurer collects, distributes, and invests the county's property taxes. Individuals interested in reviewing records of these transactions can submit FOIA requests, visit the office during regular business hours, or search its property tax portal remotely.
• Cook County Circuit Court Clerk: The court clerk's office may not be subject to the Illinois FOIA, but it operates under a public records policy that allows anyone to see or obtain case records generated in the circuit court. To view or order Cook County court case information and records, one can access the Case Lookup portal, visit the clerk's office, or submit a records search request form.
• Cook County State's Attorney's Office: The CCSAO prosecutes violations of criminal and regulatory laws, including child support, immigration services, and fraud. Individuals can submit FOIA requests to this office online, by email, or by mail.
• Cook County Sheriff's Office: Individuals looking for recent arrests, active warrants, and certain criminal case histories in Cook County can utilize the Sheriff's FOIA request methods or access the office's online Individual-in-Custody locator.

Moreover, interested parties can navigate to the county’s FOIA Requests and Information page for FOIA links to different local agencies. Interested persons are typically required to provide specific information with which to facilitate the case search, including the party name, case number, the document's approximate filing date range, and other details that may streamline search results.

Find Public Records For Free in Cook County

People interested in Cook County public records can utilize free search services offered on third-party aggregate websites. These services allow users to access public data from one platform instead of visiting multiple agency websites.

It should be noted that third-party aggregate sites are independent businesses that may not maintain partnerships with Cook County government offices. As such, it is advisable to verify information received from such websites. Generally, one can use a third-party website to verify that a public record exists and then request the record from the official records custodians, if necessary. These sites may also restrict extensive information to registered users.

How to Remove Information From Public Records Free

The process of removing information from public records databases depends on the type of record one wants to remove and the agency maintaining the record.

For example, an individual can ask a court to remove their police and court details from public criminal justice systems via an expungement process. An expungement entails filing a petition with the Clerk of the Circuit Court and attending a court hearing. However, the procedure is only available to individuals who qualify for expungement, such as former arrestees who were never convicted following an arrest.

In other situations, one can contact the agency maintaining their records to inquire about the processes for removing personal or otherwise exempt information.

Who Can Access Cook County Public Records in Illinois?

According to the Illinois FOIA, any individual can request and access Cook County public records. However, the privilege of accessing protected records is reserved for persons recognized by statute.

For example, only subjects of records, their parents or legal guardians, and entities with court orders can obtain certified copies of birth certificates through the Cook County Clerk’s Office.

Members of the public can generally contact the agency that maintains a particular record to confirm their eligibility.

What Happens if I Am Refused a Public Records Request?

Public agencies in Cook County may deny requests for public records if:

• A record is protected by law
• The requested information or document does not exist
• A record has been sealed by court order
• The requestor is not qualified to receive access
• The requestor did not provide the details necessary to identify and locate a record

Per Section 6 of the Illinois FOIA, public agencies are allowed five business days to respond to public record requests. However, this period can be extended in some instances.

If a person's records request was denied in Cook County, they can file a request for review with the Attorney General's Public Access Counselor (PAC) within 60 days after the public body's final denial.

5 ILCS 140/9.5 stipulates that such requests must be in writing and include a copy of the original request for access, the custodian's response, and the requestor's signature. The counselor’s office will determine whether the requestor has grounds to request a review before proceeding with the case.

If the office decides to proceed with the review, it will notify the public body and requester.

Per 5 ILCS 140/11, an individual can also file a lawsuit if their request for review is unsuccessful.