Are Will County Records Public?

Yes. Will County records are open to the general public under Illinois's Freedom of Information Act (FOIA) (5 ILCS 140). The Act declares it to be a fundamental policy of the State of Illinois that all persons receive complete and accurate information about the affairs of the government and the official acts or policies of the public officials and employees who represent them. Under the FOIA, members of the public can request to see or copy information produced, collated, or retained by a Will County government entity, except where such information is exempt.

All local and state government agencies in Illinois are subject to the Illinois FOIA, but the judicial branch is excluded, as it is not a "public body" by the Act's definition. Judicial branch records like Will county court records are presumptively open to the public unless prohibited by court order.

In addition, the Illinois FOIA does not apply to federal government records. Papers, books, maps, photographs, reports, or other documentary materials generated or kept by federal government entities are subject to the Federal Freedom of Information Act instead.

What is Exempted Under the Illinois Public Records Act?

The Illinois Freedom of Information Act, enacted in 1984 and later updated in 2010, is designed to create a more open and accountable government. It ensures that citizens can stay abreast of matters that affect them, big and small. Although the Act favors an open policy, it should not be construed that every record made or maintained by a government agency can be released for general review.

Illinois's FOIA contains several exemptions to public access, sometimes barring entire records from public view and, in other instances, limiting only specific information.

Records withdrawn from public disclosure in Illinois include:

• Information expressly restricted by federal or state statute or regulation
• Private information, except another provision of the FOIA, a state or federal law, or a court order requires disclosure
• Preliminary drafts, notes, recommendations, and memoranda
• Law enforcement documents detailing a person's physical or mental state
• Proposals and bids for contracts that would jeopardize the bidding process
• Trade secrets
• Documents that would affect the security of jails

A catalog of the Illinois public records law exemptions can be found in 5 ILCS 140/7.

Will County Public Record Search

To execute a Will County public record search, an individual may stop by an agency custodian's office (i.e., the office of the designated officer who keeps the agency's official records). This office may be called the records unit/department or another name and may be situated at the same address as the agency. However, each requester will need to specify the exact record (including names, dates, and any other pertinent information) and provide their contact information if they require copies or further communication from the custodian.

One's sought-after records may already be accessible on the respective agency or custodian's official website. Further, fees may be assessed to collect a printout or certified copy, as provided in 5 ILCS 140/6. These fees vary by agency, type of document requested, and volume of the request.

Find Public Records For Free in Will County

Members of the public can inspect many records preserved in Will County for free at various government agencies during regular business hours. However, they also have third-party aggregator websites/databases as an alternative, free to low-cost option for retrieving Will County public records.

Similar to official public record requests, some information must be known about a record or its subject to search a third-party site. Often, these keywords are the first and last name of the record's subject and the city/state where the record is preserved.

Typically, it costs nothing to search for a public record on a third-party site. However, users may need to pay or subscribe to receive comprehensive information.

Note that confidential information can only be retrieved from official sources. Moreover, the accuracy of the third-party information cannot be guaranteed, nor should such information be applied for any legal purpose.

How to Remove Information From Public Records Free

Illinois's FOIA allows public agencies to remove exempt information from a public record. The law also allows them to prohibit the inspection of a record whose entire contents cannot be disclosed publicly.

As such, subjects of records can petition agency custodians to withdraw or remove confidential information so long as the information is indeed exempt by law. Parties can also request certain records sealed or destroyed under Illinois law. A case in point is the Illinois expungement law, which allows adults and juveniles with eligible arrests or convictions to petition the court of their sentencing county (in this instance, the Will County Circuit Court) to seal or expunge their records.

Public agencies have unique procedures for requesting the removal of information. Therefore, the best approach is to contact the respective government department to obtain relevant application guidelines. Usually, the applicant will need to submit a filled-out form (if available) or draft a letter specifying the applicable laws. They may also need to pay any fee established to process an application.

Who Can Access Will County Public Records in Illinois?

Anybody can access Will County public records in Illinois. The state's Freedom of Information Act does not limit who can inspect a public record in Will County to only residents and people with U.S. citizenship. Additionally, individuals who submit a public record request to a Will County agency are not required to justify why they need a record or state the purpose it will serve.

What Happens if I Am Refused a Public Records Request?

5 ILCS 140/3 prescribes five business days after receiving a public records request as the maximum timeframe within which a public body should comply with or deny the request. Nonetheless, the law allows public bodies to extend this response time for no more than five business days in certain conditions, such as if additional effort is needed to locate a record or if a request is voluminous. 5 ILCS 140/3(e) lists other qualifying conditions.

Mainly, there are two circumstances that may prompt a records custodian to deny a request for access:

• The requested record is exempt under the FOIA.
• The request is unduly burdensome.

A public records request is also deemed denied or refused if an agency fails to comply with a written request, extend the time for response, or deny a request within five business days of receiving it (5 ILCS 140/3(d)).

Under 5 ILCS 140/9, each public agency is required to provide a denial in writing, citing the specific statutory exemption under the FOIA that justifies the prohibition. Subsequently, the requester can challenge the decision via a Request for Review to the Illinois State Attorney General's Public Access Counselor (PAC) no later than 60 days after the final denial. The party can also file a lawsuit in the circuit court under 5 ILCS 140/11 for injunctive or declaratory relief.