Are Oakland County Records Public?

Yes. MCL Section 15.231, also known as the Freedom of Information Act(FOIA), governs public access to records generated and maintained by public bodies in Oakland County. Per this law, all records in the custody of public bodies are presumed open for public inspection unless otherwise stated by other laws.

Section 8.119(J) of the Michigan Court Rules, the Michigan Trial Court Records Management Standards, and the Michigan Supreme Court Administrative Order are other legislations that govern public access to Oakland County court records generated and maintained by the courts and judicial officers in Oakland County. Unless restricted by Statute, court order, or rule, any interested person may request to inspect and copy judicial records as provided by these legislations.

What is Exempted Under the Michigan Public Records Act?

Under the Michigan FOIA, members of the public are allowed access to records of public and government bodies unless otherwise stated by law. This Act enables members of the public to inspect, probe, monitor, and assess the activities and functions of the public bodies at their service as well as the government. Nonetheless, the act provides a balance between the public’s right to know and confidentiality/ privacy policies by including certain exemptions and prohibitions to the public access to some agency records.

Section 15.243 of the FOIA lists and defines specific records and information that are exempt from public disclosure. Examples of such exempt records and information outlined in the FOIA include:

• Information that is personal information nature and whose disclosure would constitute an unwarranted invasion of the subject’s privacy.
• Records of law enforcement agencies compiled for investigative purposes whose disclosure would interfere with ongoing proceedings, reveal the identity of a confidential source or hinder a person's right to fair trial.
• Records or information tagged exempt by law.
• Trade secrets and commercial/ financial information submitted to develop government policies.
• Information and records that fall under the privileges recognized by the Statute, such as attorney-client privilege, psychologist/physician-patient privilege, and the Minister or priest privilege.
• Information about a person's bid or proposal until a public opening of bids or the expiry of bid/proposal submissions.
• Appraisals of real properties to be acquired by a public body until certain conditions are met.
• Test questions, answers, scoring data, or criteria used for administering a license, public employment, or academic purposes.
• Medical, psychological, and counseling information and data that may reveal an individual's identity.

Exempt records are generally unavailable for public access in Oakland County. However, certain entities such as the record subjects, the subject's legal representative, or specific government agencies may be granted access to these records for official purposes. A subpoena or court ruling is another alternative for public access to exempt records.

Oakland County Public Records Search

To begin a search for Oakland County public records, inquirers must first determine the record type and the relevant record custodian. For instance, criminal records are typically maintained by the Sheriff's Office while Property records may be obtained from the Recorder of Deeds office.

Requesters should note that most public bodies and agencies usually require requests to:

• Be in writing
• Contain adequate description/information about the desired records such as name, case number, filing date, or birth date
• Be submitted either in-person, online, or via mail
• Accompanied by payment of certain fees especially when duplication, certification, or exemplification is needed
• Sent such that the agency has enough to review and process the record request.

Most public bodies and government agencies provide online resources for public access to records in their custody. Oakland County Court records are remotely available on Court Explorer while property records may be found on the Super Index portal.

Find Public Records For Free in Oakland County

One way to find public records for free in Oakland County is to inspect the records at the custodian’s office during business hours or utilize other no-cost options provided by the custodial office. Members of the public also have the option of searching for Oakland County public records on third-party websites for free.

These third-party websites are usually maintained by independent record providers who obtain the information in their database from both official and nonofficial sources. They provide users with a convenient range of searches that span across various jurisdictions. Concerned persons may utilize third-party websites to locate public records in Oakland County. However, they should note that there may be variations and inaccuracies in the information obtained from third-party websites as they are not supported by government agencies or public bodies.

How to Remove Information From Public Records Free

Individuals who wish to remove information from public records in Oakland County may apply to the appropriate record custodian. However, they must be certain that the information qualifies for sealing, redaction, or destruction per state laws. For example, the Michigan clean slate legislation allows the automatic expungement of certain convictions at no cost. Concerned persons may confirm if their records have automatically been aside or if they qualify for an automatic set aside. Additional information may be obtained from the Oakland County Clean Slate Program webpage.

Who Can Access Oakland County Public Records in Michigan?

MCL Section 15.231( Michigan Freedom of Information Act) permits any person (except those incarcerated in a federal, state, or local correctional facility) to inspect and copy public records in Oakland County. To verify identity and eligibility to access public records, the assigned FOIA coordinator may request a valid identification card or any other identifying document at the point of record requests. In addition, agencies that make use of request forms for record requests typically include a section for signed statements that affirm a requester’s eligibility.

What Happens if I Am Refused a Public Records Request?

Although the Michigan FOIA mandates record custodians to provide public access to records in their custody on request, certain circumstances may warrant the denial of a record request by the custodial office. Such circumstances may include:

• A request that is vague and does not contain sufficient information to locate it
• Requests for records that are non-existent
• Record requests for records that are exempt from public disclosure under the law
• Requests that may require the custodial office additional time to retrieve.

Custodians who reject record requests are mandated by law to inform the requester of the decision to deny the request and the reasons for the denial via a written document. Requesters may then appeal the denial stating reasons why the denial should be reversed. Upon receipt of the letter of appeal, the custodian has ten business days to either reverse the denial in full or part, uphold the denial in writing, or request an extra ten business days to respond to the appeal.

Alternatively, aggrieved requesters may file a civil action with the Circuit Court in Oakland County or the Michigan Court of Claims. The action must be filed at least 180 days from the date the final decision to deny the request was made by the record custodian.