BRB's Public Records Blog

Ohio Redaction Law on Court Records to Take Affect Soon

Per Ohio’s Public Access Rules and Public Records Act, as of July 1, 2009 the redaction of certain personal identifiers contained on court documents seen by the public will go into affect. “Personal identifiers” means Social Security Numbers, except for the last four digits; financial account numbers, including but not limited to debit card, charge card, and credit card numbers; employer and employee identification numbers; and a juvenile’s name in an abuse, neglect, or dependency case, except for the juvenile’s initials or a generic abbreviation such as “CV” for “child victim.”
For a copy of the text and a summary of the rules visit www.supremecourt.ohio.gov/Boards/superintendence/PAR/default.asp.

New Utah Law for Employers Using Personal Identifiers

The Utah legislation has enacted H.B. 206. The legislation prohibits employers from requesting a SSN, DOB or DL# until either 1) the time in the hiring process when a criminal background check, credit history, or driving record is going to be run or 2) a conditional offer of employment is made. In general, H.B. 206 affects employers with 15 or more employees. This means that the SSN, DOB or DL should not be indicated on the initial job application form. This is not out of the ordinary, since this procedure is common for employers who work with and are advised by a pre-employment screening agency. However, vendors who provide employment screening on occasion for their employer clients may want to make sure to supply the proper forms to an employer at the appropriate time when a background check is initiated or public records are checked.
An excellent overview of the new law is provided by the Employer’s Council (which covers Idaho, Nevada, Utah, and Wyoming) at www.ecutah.org/newsampl.pdf.

Certification Fee for Iowa Court Records Increased

Effective May 27, 2009, the charge for a certification and seal fee on a court document increased from $10.00 to $20.00. The bill, which was signed by the governor on May 26th, also increased a number of court filing files.  For example, the fee to file a statutory or mechanics increased from $10 to $50, the fee for filing and docketing increased from $50 to $85, and for an appeal from a judgment in small claims or for filing and docketing a writ of error the fee increased from $75 to $185.
For more information and a complete list of all the fee increases go to www.legis.state.ia.us/index.html and enter SF478 in the Quick Find: Bills & Iowa Code box

Certification Fee for Iowa Court Records Increased

Per SF 478 and effective May 27, 2009, the charge for a certification and seal fee increased from $10.00 to $20.00. The bill, which was signed by the governor on May 26th, also increased a number of filing files within the state's court system.  For more information, go to http://www.legis.state.ia.us/index.html and enter SF478.

Jurisdiction Alert

1. Harrison County Mississippi

On the 18th of February 2009 the Harrison County Circuit Clerk shut down the public access system for researchers. The clerk (Ms Gayle Parker, 228-865-4051) advises that the system will be down until 1 June 2009. Please expect delays on record research.

Reportedly, this shut down is for main maintenance, but it is believed that the court may be also redacting identifiers, including DOBs, from the public record.

Thanks to Mr. Jim Smith from Pro-Tech Investigations for this tip.

2. California State Offices

Beginning February 6, 2009 the DMV and many other state offices, will close the first and third Friday of each month. This closure is meant to help address the state's deficit of $42 billion.

3.  Maine – Cumberland County Courts – Criminal Record Search

In Maine, the District Courts handle misdemeanors and the Superior Courts handle felonies. Recently, one of Cumberland County’s three District Courts merged its criminal record division with the county’s Superior Court. Records from Portland District Court - South 9 were merged with the Superior Court criminal record database. The new court is designated as the Unified Court.  A criminal record search at the Unified Court will include a search of both courts. This merger does not affect civil or probate records held by the Portland District Court. Note the two other District Courts in Cumberland County (Bridgton District Court North 9 and Bath District Court East 6) each have a separate record database. Therefore, for a complete countywide criminal record search with misdemeanors, all three courts must be searched.

Thanks to Nils Nelson of Main Public Record Services for the heads up on this!

4.  Indiana Counties and New Online System
A handful of Indiana courts are now displaying their indices on an open access system, known as Odyssey, via the Internet. The combined courts in Monroe County were the first in the state to go online with Odyssey, and it has been a less than stellar success. Conversations with a few deputy clerks and judges' clerks have confirmed that in the transition from one computer network (available in the clerk's office or by online paid subscription) to the Odyssey open network, cases were "lost" and other data were missing. Also, certain identifying information beyond the name was the address at the time of charging; we all know the limitations with that. After protests wide and large from the legal community, the DOB has reappeared with the defendant's name and address on criminal case chronologies, now known as "case registries." However, the missing cases and other data transfer problems remain.  You can note the courts available through Odyssey at http://mycase.in.gov/   Courtesy of PRRN Member Don Johnson, Trace Investigations, Inc.

Allegheny County, PA Raises Court Filing Fees and RE Recording Fees

Effective February 2, 2009, the Allegheny Department of Court Records and the Department of Real Estate increased a number of filing and recording fees. For example, a 4-page filing that used to cost $45 now is $65. The search and copy fees remain the same.

For the Civil/Family Division see:
http://dcr.alleghenycounty.us/Civil-Fees-2009.htm.

For the Department of Real Estate see:
www.county.allegheny.pa.us/re/fees.aspx

New Webpage for Finding Local Record Retrievers

The Public Record Retriever Network (PRRN) is pleased to announce a new webpage at www.prrn.us. The page allows the public to search by state and county (or parish) to find a local public record retriever PRRN member who can research a name or access a record file at the local the court or recorder's office. The webpage also has several informative articles with facts about record searching. The other web location for searching a PRRN member is still active at www.brbpub.com/prrn/search.aspx. 

Maine - Cumberland County Courts - Criminal Record Search

In Maine, the District Courts handle misdemeanors and the Superior Courts handle felonies. Recently, one of Cumberland County's three District Courts merged its criminal record division with the county's Superior Court. Records from Portland District Court - South 9 were merged with the Superior Court criminal record database. The new court is designated as the Unified Court.  A criminal record search at the Unified Court will include a search of both courts. This merger does not affect civil or probate records held by the Portland District Court. Note the two other District Courts in Cumberland County (Bridgton District Court North 9 and Bath District Court East 6) each have a separate record database. Therefore, for a complete countywide criminal record search with misdemeanors, all three courts must be searched.

Pennsylvania Sets Copy Fee Range For Public Records

The newly created Office of Open Records has mandated that as of January 1, 2009 Pennsylvania government entities must charge between $.10 and $.25 for copies of public record documents, except in the case of oversized documents. The Courts, the State House and Senate are exempt, as are any agency that per statute is authorized to charge a set amount for a certain type of record. For example, a Recorder of Deeds may charge a copy fee of $.50 per uncertified page and $1.50 per certified page under 42 P.S. § 21051 and police departments have the authority to charge up to $15.00 per report for providing a copy of a vehicle accident report.

For details, visit http://openrecords.state.pa.us/portal/server.pt?? 

North Dakota Adopts Privacy Protection Measures for Court Records

Amendments to North Dakota's Rules of Civil Procedure, Rules of Criminal Procedure, Rules of Appellate Procedure, Rules of Court, and Supreme Court Administrative Rules and Orders were adopted on December 3, 2008.
On March 1, 2009, significant changes to electronic and paper filings, including the redacting of information, will go into affect. For example, within the Rules of the Court, Rule 3.4 - Privacy Protection for Filings Made with the Court - provides for the following items to be redacted:
 
"Unless the court orders otherwise, in an electronic or paper filing with the court that contains an individual's social-security number, taxpayer-identification number, or birth date, the name of an individual known to be a minor, a financial-account number, or, in a criminal case, the home address of an individual, a party or nonparty making the filing must include only: 

  (1) the last four digits of the social-security number and taxpayer-identification number;
  (2) the year of the individual's birth;
  (3) the minor's initials;
  (4) the last four digits of the financial-account number; and
  (5) in a criminal case, the city and state of the home address."
 
A synopsis of the complete amendments can be viewed at www.ndcourts.com/court/notices/20080201/contents.htm