Are Essex County Records Public?

Yes. Per Massachusetts Public Records Law, every record in the possession, custody, or control of a government entity or employee is considered public unless a statutory exemption permits or requires confidentiality. Hence, most records maintained by local government entities or employees in Essex County are public and available to individuals who request them.

According to Massachusetts General C. 66 § 3, "record" includes any written or printed book or paper, photograph, microphotograph, map, plan, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, generated or received governmental entities in Massachusetts. The county’s public records include Essex County court records, vital records, property records, and related documents or filings.

What is Exempted Under the Massachusetts Public Records Act?

Exemptions under the Massachusetts Public Record Act permit government entities or employees to withhold specific records or information from the public. Exemptions are typically placed to guard sensitive information from being public and, in so doing, protect a person's right to personal privacy.

Records may be subject to complete or partial exemption from disclosure. As a result, the entire record or portions of the record will be withheld from the public. Some examples of exempted records and information under the Massachusetts Public Records Act include but are not limited to:

• Personal identifying information
• Autopsy reports
• Ongoing investigations and prosection materials
• Grand jury minutes and related material
• Medical, health, and hospital records
• Criminal offender record information
• Records of Juvenile Delinquency Cases
• Attorney work product
• Materials protected by the attorney-client privilege
• Reports of rape, sexual assault, or domestic violence.

Note that an exempted record may be accessible by eligible persons, such as the record’s subject. In some cases, interested persons can obtain a court order that allows them access to an exempt record when they have a tangible interest in the record.

Essex County Public Record Search

There is no central agency that holds all public records in Essex County. Hence, record seekers must query the specific local government entity that created or received the sought-after public record to conduct an Essex County public record search. Some of these entities have a public information officer to whom interested individuals can submit requests for public records within their custody. For instance, those seeking public information from the Essex County Sheriff’s Office can contact the agency’s public information officer at:

Public Information Officer
Essex County Sheriff’s Department
20 Manning Avenue
P.O. Box 807
Middleton, MA 01949
Phone: (978) 750-1900 ext. 3361
Email: ggrosky@essexsheriffma.org

In most cases, record seekers can visit government entities in Essex County to inspect and request copies of public records they hold in person. Note that requests for copies of a record are usually subject to certain fees. Furthermore, record seekers must provide details, such as the subject’s name, recordation date (or estimated date), and other relevant information about the sought-after record to assist in its identification.

Find Public Records For Free in Essex County

In Essex County, interested persons can visit government entities during regular office hours to inspect public records they maintain for free. Generally, most government entities permit free in-person inspection of public records they maintain.

Record seekers can also find Essex County public records remotely through third-party aggregate websites. These websites are provided by private entities specializing in retrieving public records from offical sources and compiling them in searchable online databases. Public records they source are typically not limited to those of a particular county or state. Hence, these aggregator websites can serve as a centralized online channel for individuals to search for public records of different states and counties, including Essex County, Massachusetts. Criteria needed to conduct searches on these websites typically include a party name or case number. Note that there are certain potential risks involved in using these websites to conduct searches, such as the possibility of receiving inaccurate or incomplete records. To circumvent this, users can compare records obtained from these websites with those from offical channels to verify their authenticity.

How to Remove Information From Public Records Free

Depending on the type of information or record, interested persons can get it removed from public records for free by submitting a request to expunge or seal the desired information. The difference between these processes is that expungement permanently destroys a record, making it inaccessible to the public. In contrast, sealed records are not destroyed but are nonetheless protected from public access.

A record must meet the requirements under applicable state laws to qualify for expungement or sealing. For instance, individuals with eligible criminal records can apply for record expungement or sealing. The Massachusetts official website's expunge-your-criminal-record page provides detailed information about record expungement and sealing processes, including forms for making requests.

Who Can Access Essex County Public Records in Massachusetts?

Anyone. Massachusetts Public Records Law does not restrict who can access public records held by government entities in the state. According to the law, everyone has the right to access, inspect, and request copies of public records.

What Happens if I Am Refused a Public Records Request?

Although Massachusetts Public Record Law permits access to public records held by government entities in Massachusetts, custodians are allowed to reject public record requests for various reasons. Some popular reasons a public record request may be denied include but are not limited to:

• Failure to provide sufficient identifying information about the desired record in the public record request.
• The requested record is exempt under the Massachusetts public record law, other relevant laws, or court order.
• The public record request was submitted to the wrong record custodian.

Requesters whose public record requests were denied or did not receive a response from a record custodian within 10 business days of submitting their request can appeal to Massachusetts’s Supervisor of Records per 950 CMR 32.08 (1). The appeal petition should include a copy of the denied public record request, the written response (if any), and a letter containing the reason for the appeal. The petitioners can mail, fax, or email their appeal petition to:

Secretary of the Commonwealth
Public Records Division
1 Ashburton Place, Room 1719
Boston, MA 02108
Phone: (617) 727-2832
Fax: (617) 727-5914
Email: pre@sec.state.ma.us