Are Ohio Court Records Public?
Court records are public and available to be inspected and obtained by the general public under the Open Records Law documented in Ohio Rev. Code § 149.43. The Ohio General Assembly first enacted this law in 1963, and it authorized individuals to inspect and copy most documents and records filed in Ohio state courts. However, the general public's right of access does not apply to every court record. Under certain circumstances, the court may decide to seal some records if they contain confidential information. Typically, sealed court records include documents containing sensitive information such as minors' details and other information that can compromise the record subject's safety. Sealed court records are restricted from public view and can only be accessed by parties involved in the cases referenced and other persons the court permits.
What Shows Up on an Ohio Court Records Search
A court record in Ohio is a collection of all forms, documents, transcripts, dockets, etc., produced during the duration of a case. Court records are preserved and maintained by the court clerk's office. These records are made available to individuals interested in obtaining a particular case record, although access to a case record is not absolute. The Ohio Supreme Court of Ohio and the Ohio Judicial System provide a case information system on its web page where one can access case records. Once on the website, one can select the county where the case was handled to conduct the search.
Information accessible to individuals doing a court case search includes details about the parties involved in the case, violation information, hearing information, miscellaneous information, fines (where applicable), and disposition. Please note that not all case information is available for every case; in such instances, one can check the dockets instead. The dockets provide the summary of the case.
It is worth noting that the steps applicable in carrying out a record search differ per county and per the courthouse in a county. For example, individuals who want to do a record search in Ashtabula County would need to select the court that handled the case after clicking on the county option. If one chooses 'Ashtabula Court Eastern Division,' a page will be displayed where one can click on 'court records search.' Members of the public can do a name search, advanced case search, case number search, case type search, attorney search, advanced attorney search, and ticket/citation search.
A requester can also visit the courthouse where the case was filed in person to submit a written request for a case search to the court clerk. One would need to provide a name, case number, or filing date.
Court records generally serve as references to the judiciary, parties involved in a case (in case of an appeal), law enforcement, the press, and members of the public.
How Do I Find Court Records in Ohio?
When trying to obtain court records in Ohio, the first step is to draft a request application and send it to the courthouse where the case was filed or heard. In Ohio, courts maintain official court records in hard copy or electronic format; thus, interested persons can access documents in either form. There are two primary ways to access court records. These include:
- Onsite request at the courthouse
- Online request
How to Request Ohio Court Records in Person
Go to the courthouse where the case was filed and request the records in writing from the court's clerk. Usually, a request form will be provided for the requestor to fill out accurately and provide certain details, such as the specific record of interest. The information the requestor provides is what will be used to search; hence it is necessary to clarify the documents requested. If the request is not explicit, the courthouse may contact the requestor for clarification, making the process unnecessarily longer.
As provided by the Open Records Law, requestors do not need to state the purpose of the court record request, and their identification is also not necessary. Individuals can choose to maintain anonymity when placing requests. Persons requesting copies of case transcripts and depositions should direct their applications to the court reporter during regular business hours instead of the court unless they can provide adequate proof that they are not parties to the related action.
The Ohio judiciary website provides a list of all the Courts in Ohio and their respective locations, phone numbers, and websites. Details on how to access court records and the associated fees in each court are provided on the courts' website. Interested persons may also contact the court clerk where the case was filed to get information on how to access court records. Paper and electronic court records are both available at the courthouses where the cases of interest were filed.
Ohio Court Records Public Access
Requesters can request court records online on the website of the courthouse where the case was filed by using the online search or case search portal. Online requests enable requestors to search by name or case number at their convenience from a computer, tablet, or smartphone with a stable internet connection. With a name search, requestors must provide the last and first/middle names or company names. On the other hand, the case number search requires the case type, ticket number, case year, and case status. An online search mostly does not attract a fee.
Generally, the time it takes for requested court records to be made available is determined by the number of records requested, where the records are stored, and the need to review or redact any of the requested documents legally. Response to requests for court records, especially when bulky, will include the estimated number of business days required to satisfy the request, the cost of copies requested, and identification of any parts of the requested record that may be exempt from disclosure.
If a court record request is denied, an explanation will be provided, and non-redacted portions of the records will be released, while parts that are exempt and need to be redacted will be explained.
How to Conduct an Ohio Court Record Search by Name
One of the court case searches provided on the web page of the Supreme Court and the Judicial System in Ohio includes a name search (name of company or individual involved in the case). Individuals who want to do a name search can select the county, then the court where the case was filed, and click on the case search provided. Note that the process of a party name search is different for most counties. Generally, in this case, one would be required to choose the search type, name, attorney, or judge (depending on the provisions made). After selecting one, the inquirer would need to fill out the last name first, followed by the first name of the party involved. The inquirer may need to provide more information, such as a case type, case status, etc., depending on the county and the court. After providing all the necessary information, one can click on the 'search.':
From the home page of the Supreme Court of Ohio, a requester can select 'cases and opinions' and then choose 'office of the clerk' under cases. A page would be displayed; click on the search for supreme court cases option. One can choose either a 'party search option' or the 'attorney search option.' Both options would require the requester to provide the first and last name of a party (party search option) or the name of an attorney (attorney search) involved in the case. One can also check the user's guide provided for better clarification.
An inquirer can also visit the website maintained by the office of the court clerk directly. For instance, those in Hamilton County can visit the clerk's web page. On the home page, select record search. A page would then be displayed where one can select a search by name (name of a party/company in a case) or attorney (name and ID of an attorney in a case), or judge (name and ID of the judge that presided over the case).
A case search by name can also be done in person at the courthouse that handled the case.
How to Get Court Records Online for Free
Court records in Ohio can be accessed for free on the web page of the Ohio Supreme Court or the web page maintained by the Office of the Clerk. Interested members of the public can use the case search system provided on the page to carry out a free search.
Considered open to citizens of the United States, court records are available through both traditional, government sources, and through third-party websites and organizations. In many cases, third-party websites make the search easier as they are not limited geographically or by technological limitations. They are considered a good place to start when looking for a specific record or multiple records. In order to gain access to these records, interested parties must typically provide:
- The name of the person listed in the record. Juveniles are typically exempt from this search method.
- The last known or assumed location of the person listed in the record. This includes cities, counties, and states.
While third-party sites offer such services, they are not government sponsored entities, and record availability may vary on these sites when compared to government sources.
What Shows Up on Ohio Judgment Records?
Judgment records in Ohio show the court's decision to resolve a civil dispute or penalties imposed for a criminal offense. These records are considered public records per the Ohio Open Record Law. However, a requester must identify the record custodian, provide the necessary details to facilitate a search and pay the applicable administrative fees. Cash, money order, certified check, and credit cards are valid payment methods.
The record custodian for Ohio judgment records is the court clerk in the court that handled the case. This official is responsible for entering the judgment in the court record in the first place. Interested requesters may visit the clerk's office during regular business hours to request judgment records. The administrative staff will require the case number or litigants' names to track the record in the court docket or archives and retrieve the documents of interest. The name of the presiding judge and the year of judgment are also useful information for identifying court records.
Meanwhile, Ohio does not maintain a central online repository for case documents, but the courts in various municipalities do. Persons who wish to obtain judgment records online must first find the court's portal or the clerk's dedicated website - a visit to the county's official website helps accomplish this. For courts that maintain online repositories for case files, the requester must also provide identifying information to obtain the judgment record and pay the applicable fees by credit or debit card.
Ohio judgment records contain varying information, depending on the case type. In any way, persons who obtain judgment records in Ohio can expect to see the litigants' names, the judge's name, and the judgment date. In addition, judgment records will contain the specific claims of the parties involved or the charges against the defendant, as well as the issued judgment.
Are Ohio Bankruptcy Records Public?
Ohio bankruptcy records fall under the public domain and can be accessed by members of the public. They include records of people or companies who have filed for bankruptcy within the state of Ohio. Records of bankruptcy in Ohio often contain intricate financial information about the person or party filing for bankruptcy. The information in the bankruptcy action often includes:
- Identification documents: Driver's license or social security card.
- Asset list: Bank statements, real estate deeds, insurance policies, vehicle titles, and any business they may have investments in.
- Income: Tax return copies from 2 previous years and pay slips from six months to the present.
- Debt: Recent credit report, outstanding bills such as utilities, credit card statements, ongoing legal proceedings (document of foreclosure, debt collection) And judicial liens, creditors' list, their addresses, and amount owed.
Ohio bankruptcies are filed in any of the two federal bankruptcy courts in Ohio. Such public bankruptcy records can be accessed electronically through PACER (Public Access to Court Electronic Records). However, certain information is not revealed, such as complete social security details, children's full name (if minor), date of birth, and residential address.
Bankruptcy records and related documents such as Ohio liens, judgments, writs, and contracts are maintained and disseminated according to the state's Public Information Act. Interested persons may view or copy these records by querying the record custodian in the jurisdiction where the petition or claim was filed.
How to Find Bankruptcy Records in Ohio
Bankruptcy records are considered public records in Ohio and can be made available to the public upon request. There are several ways in which interested members of the public can access Ohio bankruptcy records.
- Registered members of the public can access case information on PACER online.
- Multi-court Voice Case Information System (McVCIS) is another means by which case information can be accessed online. This service is made available for free. Requesters who desire to make use of this medium to carry out searches can call (866) 222-8029.
- An inquirer can also access bankruptcy records from the Ohio Electronic Case Filing (ECF) system managed by each court. For instance, those looking for a bankruptcy case filed in the Northern District of Ohio can check the Northern District of Ohio document filing system.
- The Federal Records Center (FRC) is a place to look if one is seeking to find bankruptcy records that are closed. A requester would need to fill out the bankruptcy record request form, print it and send a copy of the form, including a money order or cheque of $64 payable to the clerk of the bankruptcy court via mail. Please note that personal checks are not acceptable.
Requesters can search for a bankruptcy record by name, case number, or social security number. If one is not certain of the District that handled a case, one can use the case locator on PACER to find the record.
Those interested in searching for a bankruptcy record can also visit the courthouse where the bankruptcy was filed to make inquiries from the clerk. The inquirer can also use one of the public terminals provided in the court to access electronic court records. One should bear in mind that while inspection may be carried out for free, one would be required to pay a fee to obtain copies.
Can You Look Up Court Cases in Ohio?
Yes, interested persons can look up Ohio court cases that are not sealed. However, cases with sensitive information are restricted from public view. Examples of such cases include adoption files and records related to adoption proceedings, trial preparation records, probation or parole records, etc. Open court cases may be accessed remotely via the online search portals of the website of the court where the case was filed. Individuals can also visit the courthouse in person to look up accessible court records. The court mostly does not charge a fee for inspecting the records. However, a nominal fee will apply if copies of the record are to be obtained.
Ohio Court Case Lookup Exemptions
Court cases that are considered confidential in accordance with the law and court records that have been sealed are not accessible to members of the public. As stated in the Supreme Court of Ohio's Public Access & Records Retention Rules, if a court record does not fall under the definition of 'case document,' it is inaccessible to the public. Such information includes some of the following court information, which is exempt from public disclosure.
- Personal identifiers
- Information sealed by the court as provided in the public access rules
- Juvenile court case records.
- Research materials and drafts of judicial members or court staff
- Some domestic relations in a court of common plea.
Others, as provided in Section 149.43 - Ohio Revised Code includes,
- Patrol and probation proceedings records.
- Adoption records.
While some records by law have remote access restrictions, they can be obtained in person.
How to Find a Court Docket in Ohio
An Ohio court docket is a brief of the proceedings of a court case, whether civil or criminal. Dockets are used as references as they usually contain a case number, case status, dates, time, and location of hearings and future hearings. They also contain names of parties involved in a case, the court where a case was handled, and court decisions.
Members of the public interested in getting a court docket in Ohio can access them on the Supreme Court of Ohio and the Ohio Judicial System's web page. On the home page, inquirers can click on 'cases and opinions' and then select the case docket from the drop-down list. A page would be displayed where one can perform a case number search, an advanced case search, or a party or attorney name search.
A requester can also choose the county where the case was filed on the Supreme Court's web page, select the court, and click on the record search on the page displayed. Next, choose the type of search and then select the case docket.
Please note that the procedure for searching a docket may differ by county.
Types of Courts in Ohio
The Ohio court system is made up of the Supreme Court, the Court of Appeals, the Court of Claims, the Court of Common Pleas, the Municipal and County Courts, and the Mayor's Court.
The Supreme Court is the highest court in Ohio and has jurisdiction in handling appeals from lower courts and federal cases.
The Court of Appeals or Appellate Court handles cases of appeals from Common Pleas Court and Municipal and County courts. The Court of Appeals in Franklin County has the authority to handle appeals from the Court of Claims. Ohio has 12 Appellate courts, 1 for each District.
The Court of Claims in Ohio oversees civil lawsuits filed against the state or a government agency. It presides over cases of contract disputes, damage to property, personal injury, state officers' and employees' immunity, illegal detention, and discrimination. The court also handles appeals from verdicts passed by the attorney general in matters regarding claims allowed under the Victims of Crime Act.
The Court of Common Pleas is the Trial court in Ohio, with the authority to hear civil cases and criminal cases. This court has the General Division, the Domestic Relations Division, the Juvenile Division, and the Probate Division.
Municipal and county courts are responsible for holding a preliminary hearing for felony cases; they also hear traffic and non-traffic misdemeanors. A County Court can also handle civil cases with claims below $15,000.
A Mayor's Court only has jurisdiction over cases involving breaking local law and state traffic laws. Here, the Mayor presides over the cases.
Civil vs Small Claims Courts in Ohio: Understanding the Difference
Chapter 1925 of the Ohio Revised Code requires that each county and municipal court establishes a small claims division, typically referred to as the small claims court. Ohio small claims courts function as fair, prompt, and inexpensive resolution points for minor disputes. Small claims hearings are informal as there is no jury; instead, the municipal court or county court judge or a magistrate (a qualified attorney appointed by the judge) presides over cases.
Generally, small claims cases involve small amounts of money; examples of such cases include:
- Claims by tenants to recover security deposits
- Claims by landlords for unpaid rent or damage to their property
- Claims by business and tradespersons for unpaid bills
- Claims by buyers for damages from defective merchandise
- Claims by car owners for damage suffered in minor accidents
- Claims by employees, maids, babysitters, and handypersons for unpaid wages
Small claims courts are restricted to the following:
- The claims must involve a money dispute. This implies that the small claims court is not authorized to issue restraining orders, injunctions, or protection orders; neither is it authorized to grant divorces or order a person to return property.
- A claim cannot be more than $3,000, not including any court costs and interest claimed. The $3,000 limit for each claim also includes counter- or cross-claims.
Despite the amount of money involved, a small claims court cannot preside over specific types of lawsuits, including:
- Lawsuits based on slander, libel, and malicious prosecution
- Lawsuits seeking punitive or exemplary damages
- Lawsuits initiated by an agent or assignee (such as a lawsuit brought by an insurance company on behalf of a policyholder. However, government entities can initiate certain cases through an agent).
Small claims courts cannot resolve claims against the State of Ohio agencies or against the United States government and its agencies. Note that cases that initially meet the requirements of the small claims courts may later be transferred out of small claims court to a civil court if any of the following happens:
- The case starts with a claim for $3,000 or less but later advances to a claim that exceeds $3,000; the case will be transferred to a county or municipal court's civil division.
- One of the parties to a case requests that the case be transferred to the county or municipal court's civil division.