Are Baltimore County Records Public?

Yes. Baltimore County records are classified as public records per the state's public records laws which include the Maryland Public Information Act (PIA) and the Federal Freedom of Information Act (FOIA). The inspection and copying of public records maintained by state and local government entities in Baltimore County is governed under the Maryland Public Information Act (PIA). Access to public records from federal agencies is also allowed under the FOIA. The PIA laws are outlined in the General Provisions Article of the Maryland Code, Sections 4-101 through 4-601. Persons seeking to view or copy a government record may request them from government institutions.

The county's public records include Baltimore County court records, vital records, property records, criminal records, and related documents. It also has a dedicated institution called the Public Access Ombudsman that seeks to assist applicants/requesters and records custodians/agencies in resolving conflicts resulting from requests made under the Maryland Public Information Act ("PIA").

What is Exempted Under the Maryland Public Records Act?

As stated earlier, the Maryland Public Records Act is designed to allow access to almost every type of record from government agencies. However, the Act stipulations and other Maryland state legislature rules exempt certain public records from public disclosure. Exemptions are created to prevent unwanted invasions of privacy. They also aim to control access to records by unwanted persons, such as terrorists. Exemptions are provided under the Maryland Public Information Act in the following circumstances:

• If a source of legislation other than the PIA prohibits disclosure, an example is the exemption of medical records by state public health laws.
• Mandatory exemptions: E.g., employee investigatory record
• Records exempted at the discretion of their custodian

Furthermore, a "last resort" provision in the Maryland Public Records Act permits a custodian to temporarily refuse review and request court permission to keep withholding a record that would otherwise be open for inspection.

Generally, some examples of government records that are exempted from public disclosure include:

• Adoption records
• Trade secret documents
• Court records and case documents pertaining to juvenile case hearings
• Sections of a personnel file that include a person's social security number, home address, home phone number, and mobile phone number.
• Attorney-client advice and attorney work products.
• Letters of reference: documents that address a candidate's suitability for a government or workforce position.
• 911 call logs that show a victim of child abuse, sexual assault, or domestic violence.
• Investigational files, intelligence data, security protocols, or records of investigations.
• Documentation from a public university that includes a student's personal information.

Baltimore County Public Record Search

The first step in a Baltimore County public records search is to find the custodian of the record in question. The Maryland attorney general's website lists public records custodians in Baltimore County for those who want to make requests. The list offers comprehensive details on the records custodian's address, the Public Information Act (PIA) officer's phone number, and the records' address.

After the custodian of the record or the appropriate clerk's office has been contacted, individuals will need to complete a records request form (usually found on the agency's website responsible for managing the records). These request forms can also be obtained through Email from the PIA officer. Agencies such as the Baltimore police department and the Baltimore Court Clerk's Office also have databases that individuals can use to search for the records they maintain. Requestors can usually submit the request in person at the custodian's office, by mail, or by telephone. Additional information to note during the case search process:

• When submitting a request for records, include all relevant details about the documents needed. This ensures the custodian can locate and provide the correct records promptly.
• Most custodians charge a fee for public records, especially where certified copies are requested. If the fee exceeds $350, file a report with the PIA Compliance Board to dispute the cost.
• The time it takes to process and deliver the requested records depends on the volume of records and their creation date.
• While requesters can prepare and send a request at any time, custodians only accept and process those requests during their regular business hours.

Find Public Records For Free in Baltimore County

A few government institutions provide specific types of public records for free in Baltimore County. For example, the University of Maryland in Baltimore County allows proactive disclosure of certain public or case records at no cost.

One common way to find public records for free in Baltimore is to use third-party websites. Third-party websites are independently owned databases that provide free access to public records. These sites collect data from official sources and offer them on a searchable web portal. Users only need to provide keywords relating to the public record they need. These keywords may be any party names mentioned on the public record, the date range of the filing, the name of the official government unit that made the record, and specific information that may streamline the search results.

There are two types of third-party websites: paid and free sites. The free versions of third-party websites can sometimes be limited in the completeness of their records, and extensive information may be restricted to registered users. Thus, record seekers may need to use paid versions of these sites for more information.

How to Remove Information From Public Records Free

To remove information from public records, individuals need to contact the PIA officer within the institution that has custody of the public record they want to remove from public access. The PIA officer will guide individuals on how to make an official request. However, the information must satisfy the exemption criteria set out in the Public Information Act for it to be removed. Otherwise, it is left to the records custodian to determine if the record will be removed from public records.

Another way to ensure that a record is removed from public access is to get a court order to remove it. This can be done by filing a petition at the Baltimore County Circuit or District Court. If the court grants the request, it will send an order to the records custodian to limit the records' access.

Who Can Access Baltimore County Public Records in Maryland?

Anyone can obtain public records in Baltimore County. County residents have the right to know about government affairs and the official actions of public servants and officials, as stated in §4-103 of the Maryland general statutes. Maryland is one of 41 states where residents are not required to be those requesting public records. However, every person requesting a public record must provide their name and a valid ID.

What Happens if I Am Refused a Public Records Request

As per the PIA regulations in Baltimore County, if an agency rejects all or a portion of a PIA request, it is required to give the requester a written explanation explaining the decision and its legal basis. A request will be refused if:

• The requested document is still disputed about whether it should be made public.
• The requester did not complete the request form correctly by providing adequate details to enable a records search.
• The request fee was not sent to the custodian agency.
• The requested records are expressly exempted from public disclosure.

When a public records request is refused, the initial step is to ask the agency for an administrative review. The individual can also contact the PIA compliance board to complain. Either of these processes takes less than a week, and the requester will be contacted if their objection and complaint are successful.

If not, requesters who want to contest the agency's decision must file a petition and appear in court. (Requesters can proceed to court without pursuing any administrative review, even if administrative remedies are available.) A court may grant legal fees and litigation costs to an applicant who "substantially prevails" under the PIA.