Are DuPage County Records Public?

Yes. DuPage County records are generally public and accessible to the public under the Illinois Freedom of Information Act (FOIA). The FOIA grants the right to inspect or obtain copies of public records held by government bodies in Illinois, including those in DuPage County. Public records include criminal records, Dupage County court records, property records, civil records, etc. The Illinois FOIA outlines the process for requesting public records, including response timelines, possible fees, and appeal procedures for denied requests. Requests can typically be made online, by mail, or in person, depending on the agency in charge of the record.

What is Exempted Under the Illinois FOIA Public Records Act?

Under the Illinois FOIA (5 ILCS 140), which also governs access to public records in DuPage County, certain records are exempt from public disclosure to protect privacy, confidentiality, and public safety. Examples of exempt records include:

• Personal Privacy Information: Social Security numbers, medical records, and personal financial data.
• Law Enforcement Records: Information that could interfere with ongoing investigations or compromise safety.
• Juvenile Records: Details about minors involved in criminal cases or court proceedings.
• Trade Secrets and Proprietary Information: Confidential business data that could harm competitive interests.
• Attorney-Client Privileged Communication: Legal advice or communications involving government entities.
• Vital Records: Birth, death, marriage, and divorce records are restricted to authorized individuals, such as the named subject, immediate family members, and legal representatives.

Challenging an Exemption:

If a FOIA request is denied due to an exemption, the requester can appeal to the Public Access Counselor (PAC) under the Illinois Attorney General's Office. If the denial is upheld, the requester may seek a court review to challenge the decision.

DuPage County Public Record Search

To find public records in DuPage County, record requesters must first determine the specific records they need—court records, criminal records, property records, civil records, or vital records like birth and death certificates. Different departments handle each type. Then, they may contact the custodian or search for the record online. For instance, below are some record custodians and the records they hold:

• DuPage County clerk's office for birth, death, marriage, and voter registration records.
• DuPage County circuit court clerk for court records, including civil, criminal, and traffic cases.
• DuPage County recorder's office for property records like deeds, liens, and mortgages.

If online searches are insufficient, visit the county office. Be prepared with specific details like names, dates, and case numbers. The request can be written but verbal requests are valid and accepted. In many cases, the record requester will need to pay the administrative costs of finding and making copies of the sought records.

Find Public Records For Free in DuPage County

Third-party websites offer access to public records in DuPage County, often consolidating data from multiple government sources. These platforms may provide basic information for free, but more detailed records may require payment. They are convenient and can be accessed remotely. However, there are certain risks to consider:

• Data Accuracy: Information may not be up-to-date or verified.
• Privacy Concerns: Personal data could be misused.
• Hidden Fees: While initial searches may be free, comprehensive results may require payment.
• Legitimacy Issues: Not all third-party sites are credible or authorized to provide official records.

Use third-party sites for initial searches but verify details through official DuPage County government sources to ensure accuracy.

How to Remove Information From Public Records Free

Removing information from public records in DuPage County typically requires legal justification and adherence to county and state regulations. A complete removal may be challenging, but certain records can be sealed, expunged, or corrected.

Expungement or Sealing of Criminal Records:

• Expungement: Completely erases eligible criminal records. Usually applies to arrests without convictions or certain non-violent offenses.
• Sealing: Hides records from the public but may still be accessible to law enforcement. This option is more accessible than expungement for some convictions.
• How to Request:
  • File a petition with the DuPage County Circuit Court Clerk.
  • Complete the necessary forms and submit them with valid identification.
  • There may be a court hearing to decide on the request.
• Resources:
  • Illinois Legal Aid Online (illinoislegalaid.org) for forms and guidance.
  • DuPage County Circuit Court Clerk (dupagecourt.gov) for local procedures.

Correcting Errors:

If there are mistakes in public records, such as typos in vital records or property documents:

• Contact the specific agency holding the record (e.g., County Clerk’s Office or Recorder’s Office).
• Provide valid documentation to support the correction request.
• Most corrections are processed for free.

Protecting Sensitive Information:

• Victims of Domestic Violence: Can request address confidentiality through Illinois's Address Confidentiality Program.
• Identity Theft Victims: May request redaction of sensitive information.

Seek legal assistance for complex situations or if unsure about eligibility. Illinois Legal Aid and the DuPage County Public Defender’s Office can offer free guidance.

Who Can Access DuPage County Public Records?

In DuPage County, public records are generally accessible to any individual or entity under the Illinois Freedom of Information Act (5 ILCS 140). Unlike some states, Illinois does not require requesters to be residents to access public records.

Eligible Requesters:

• General Public: Any individual, regardless of citizenship or residency, can request records.
• Legal Professionals: Attorneys accessing records for legal proceedings or investigations.
• Media and Journalists: For research, reporting, and investigative purposes.
• Businesses: Accessing public records for due diligence or business research.
• Government Agencies: For official functions or investigations.

Restrictions and Prerequisites:

• Sensitive Information: Juvenile records, medical records, Social Security numbers, and personal financial data are restricted.
• Exemptions: Certain records related to law enforcement investigations, trade secrets, and attorney-client communications are exempt.
• Verification: Some requests may require identification or proof of eligibility, such as legal authorization for sealed or restricted records.

How to Verify Eligibility:

• Check the specific department's guidelines via official websites like the DuPage County Clerk’s Office or Circuit Court Clerk’s Office.
• Contact the Public Access Counselor (PAC) at the Illinois Attorney General’s Office for clarification.
• Review the Illinois Freedom of Information Act (5 ILCS 140) for detailed eligibility criteria.

What Happens if I Am Refused a Public Records Request?

Public records requests may be denied for several reasons, including:

• Exempt Records: Information like juvenile records, medical data, Social Security numbers, and ongoing law enforcement investigation details are protected under the Illinois Freedom of Information Act (5 ILCS 140).
• Incomplete Requests: Lack of specific details, such as names, dates, or case numbers.
• Unauthorized Access: If requesting restricted records like sealed court documents or protected vital records without proper authorization.
• Privacy Concerns: Requests that may infringe on an individual's privacy rights.

Persons who have their requests denied can appeal as follows:

• File a Request for Review: Submit a written request for review to the Public Access Counselor (PAC) at the Illinois Attorney General’s Office within 60 days of the denial.
  • Include a copy of your original request and the denial letter.
  • PAC Contact: Illinois Attorney General's Office
• Agency Review: Contact the denying agency to clarify the reason for the denial and request reconsideration.
• Obtain a Court Order: If the PAC upholds the denial, file a petition in the DuPage County Circuit Court to seek a court order for the release of the records.

Alternatively, check if the information is available through an attorney, publicly accessible databases, or third-party repositories with authorized access.