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Are Lake County Records Public?
Yes, Lake County records are public. Under Illinois's Freedom of Information Act (5 ILCS 140), it is presumed that all records prepared, received, and maintained by a state or local government body are open to the public for inspection and copying. Should a government body consider a record exempt, it must justify the exemption with clear and sufficient evidence.
The Open Meetings Act (5 ILCS 120) also requires government meetings to be open to the public to ensure transparency in decision-making. It also mandates the availability of meeting minutes and agenda records to keep the public informed.
Additionally, the Illinois Local Records Act (50 ILCS 205) ensures the proper management, storage, and disposal (when necessary) of public records maintained at the county and municipal levels. These laws ensure the public is adequately involved and informed about government affairs and that officials and employees act in the public's best interests.
Some examples of public records include Lake County court records as well as vital, criminal, and property documents.
What is Exempted Under the Illinois Public Records Act?
While the Illinois Freedom of Information Act protects the public’s right to access, it also prioritizes the protection of individual privacy, government interests, and public safety. The law does this by classifying certain information and records that could compromise these three areas as sensitive and exempting them from public disclosure. Below are some records exempt from public disclosure under the state's FOIA:
- Records protected by federal law, state law, or municipal regulations
- Sensitive personal information, such as social security numbers, medical records, and financial data
- Certain law enforcement records on active investigations, license plate reader data, confidential informant identities, and the physical or mental status of individuals
- Attorney-client communications
- Trade secrets and other proprietary information
- Mortality review team records
- Employee grievance and disciplinary records (the final outcome is public, however)
- Records related to ongoing real estate purchase negotiations
- Security and vulnerability assessment records
Nonetheless, individuals can choose to challenge an exemption in court. The 19th Judicial Circuit Court handles such matters in Lake County.
Lake County Public Records Search
Government bodies are expected to provide access to public records at reasonable times, typically during office hours. Members of the public can visit these agencies to submit record requests. However, like many other counties in Illinois, Lake County does not have a centralized office responsible for maintaining all local government records. Instead, each agency designates a Freedom of Information Officer to handle requests for that agency’s records, as stipulated by the Freedom of Information Act.
The first step in searching for a public record in Lake County is identifying the record. Proper identification helps determine which agency holds the record, as well as the agency’s methods for submitting public record requests. Generally, public record requests in Lake County can be made physically, via mail, or online. When making a request, it is crucial to provide as many details as possible. Vague or insufficient information may prevent the Freedom of Information Officer from locating the record, potentially leading to a denial.
Public record requests may incur a fee, particularly if copies of records are required. Requesters who submit their requests by mail may also incur postage charges. However, access sought in person or through online government databases may be free. Some official databases in Lake County include:
- Lake County Circuit Court Records Search Portal
- Lake County Sheriff’s Office Inmate Search Portal
- Lake County Assessor’s Office Property Search Portal
- Lake County Board Records Database
- Lake County Election Result Database
- Lake County Genealogical Research Portal
To efficiently perform searches on these portals, researchers must ensure they use the right portal for the desired record and provide all required details, such as a person's first and last name or identifying number. Using available search filters can narrow the search results to help the researcher find a specific record easily.
Note: All Illinois government agencies are required to provide feedback to individuals on the status of their requests within five business days. If the response time is exhausted and no feedback has been received, the requester can consider the request denied.
Find Public Records For Free in Lake County
Researchers may explore third-party websites as an alternative to official government databases when looking up Lake County public records. Searches on these platforms typically involve providing identifying information within a record, such as a name, address, or age. Users may be allowed to search for and see a record for free depending on the platform. However, payment may be needed to obtain complete records.
Searching third-party websites is generally a convenient way of finding public records. However, they may not be as reliable as official sources in providing accurate information. Additionally, information obtained from third-party sources cannot be used for official or legal purposes.
How to Remove Information From Public Records Free
The ability to remove information from a public record in Lake County depends on the law. Several statutes allow the removal of specific records of information from public records in Illinois. Examples include the Freedom of Information Act and the Illinois Criminal Identification Act (20 ILCS 2630), which address the withdrawal of personal information and the expungement or sealing of particular criminal records.
If a record is eligible for removal under an Illinois statute, the subject of the record can submit a formal request to the agency custodian. For criminal records, the request should be directed to the Circuit Court. The request should clearly specify the record or information to be removed and include any supporting documents if required.
Typically, public agencies need time to review such removal requests, and this timeline varies depending on an agency's workload and type of record or request.
Who Can Access Lake County Public Records in Illinois?
Unlike certain states that restrict public record access to their citizens, Illinois grants all members of the public the right to access Lake County public records, regardless of citizenship. Consequently, anyone can inspect or obtain a copy of a record from a government entity in Lake County. Restrictions only apply to records that are protected from public access by statute. In such cases, access is only available to statutorily authorized persons.
What Happens if I Am Refused a Public Records Request?
Government agencies in Lake County are not obliged to accept all public record requests. Under certain circumstances, an agency may deny a public record request. Common grounds for denial include:
- The requested record is not in the agency’s custody
- The record does not exist at the time of the request
- The record is confidential by law
- The request would impose an unreasonable burden on the agency
- The request lacks sufficient information about the sought-after record
Requesters can ask the respective public agency for a written explanation to address denials. Understanding why such a decision was made is crucial for informing the requester’s next steps.
If the denial stems from issues with the request, the requester can revise and resubmit the request with the necessary details. On the other hand, if the denial is based on an exemption, the requester can appeal to the Public Access Counselor. The Public Access Counselor ensures compliance with the Illinois Freedom of Information Act and the Open Meetings Act. The Counselor has the authority to review denials and issue binding decisions. However, the appeal must be filed within 60 days of receiving an agency's final denial. If the Counselor finds the appeal valid, they will instruct the agency to release the record.
Nonetheless, if the Public Access Counselor issues an unsatisfactory response, the requester may escalate the situation to the Circuit Court. If the court finds the petition justifiable, it may overturn the agency and Public Access Counselor’s decisions.
