Are Worcester County Records Public?

Yes. The provisions of Massachusetts Public Records Law require state and county agencies to make their records accessible to members of the public, with some exemptions. The law also requires agencies to have Record Access Officers (RAO) to assist inquirers with submitting public record requests.

Per 950 CMR 32.02, public records may be maps, statistical tabulations, books, recorded tapes, papers, photographs, or other materials created or received by an agency in Worcester County. They include Worcester County court records, vital records, property records, criminal records, and related files. The provisions of Massachusetts Public Records Law cover all records maintained by agencies in the state. Interested members of the public may review the Guide to the Massachusetts Public Records Law to understand more about accessing public records in Worcester County.

What is Exempted Under the Massachusetts Public Records Act?

While Massachusetts law (G.L C.66 §10(a)) permits residents to inspect and copy government agencies' records, agencies will withhold certain records or portions of them that are exempted from public access per G. L. c. 4 § 7(26). Exempted records are only open to the individuals named on them (or the record holder), their legal representatives, and anyone with a court order. Some examples of such records are as follows:

• Adoption records
• Court records pertaining to a juvenile
• Case records or case documents related to an ongoing investigation (where disclosure will interfere with the investigative process)
• Sensitive criminal offender record information
• Trade secrets or financial information
• Records submitted to the office of the child advocate
• Records disclosed to the Health Policy Commission
• Proposals and bids relating to a contract or agreement
• Personal notebooks and materials prepared by a Commonwealth employee
• Attorney work product and materials covered by the attorney-client privilege
• Inter-agency or intra-agency memoranda or letters about policy positions being developed by an agency.
• Personnel and medical records whose disclosure would constitute an unwarranted invasion of personal privacy.
• Materials like scoring keys and sheets, questions and answers used to create, administer, or score a test, examination, or assessment instrument.
• Personal information (such as the name, home address, phone number, or email address) of a family member of a Commonwealth employee.

Worcester County Public Record Search

To find public records in Worcester County, interested persons may follow these steps:

• Identify the specific record: Agencies in Worcester County produce several different public records, including birth, death, property, arrest, jail, court, marriage, and divorce records. A requester must know the specific record they want to inspect or copy before proceeding with a public record search because most records have a unique retrieval process and custodian.
• Determine the agency maintaining the record: Check online for the agency in charge of the desired record. Most agencies have a Records Access Officer (RAO) that handles public record requests. Alternatively, the clerk's office of each agency concerned will be responsible for processing record requests.
• Conduct a search: Most agencies have databases where individuals can submit requests for public records online. Interested persons can also search for public records by mail, email, fax, or in person at the record custodian's office. Phone requests may be accepted at the discretion of the RAO. Requesters must include the description of their desired records to assist the RAO in locating them. This may include the date range of filing, party name, case number and information that may streamline search results.
• Pay necessary fees: Some public records are freely available for public inspection, but an RAO usually charges fees for making copies. Plain copies of public records cost $0.05 per page, and a search fee of $0.25 may apply if it takes more than 2 hours to locate the record. An additional fee may also be charged if certified copies are requested.

Massachusetts law requires all RAOs to respond to public record requests within 10 business days. If more time is needed to provide public records, RAOs can request an extension from the Supervisor of Records.

Find Public Records For Free in Worcester County

Some public records are free for Worcester County residents on record custodians' websites. For example, the Worcester County Sheriff's Office has an Inmate Look-up tool where individuals can find inmate information at no cost. The search criteria required to perform a case search using this tool are the inmate's name or DOC number.

Individuals can also access Worcester County public records for free through third-party aggregate websites. However, most free versions typically offer basic details. Users who want to obtain comprehensive public records are usually required to pay a small fee or become registered users.

How to Remove Information From Public Records Free

The subject of a public record can remove their information by contacting the appropriate record custodian. However, information is usually removed from public disclosure if it satisfies the state's eligibility requirements. For example, individuals with criminal records can have their records expunged for free if they meet the eligibility criteria set forth in G.L. c.276, § 100E-100U. Massachusetts law provides two types of expungement to residents: time-based and non-time-based.

Generally, government agencies have forms on their websites that requesters will be required to complete and submit to have their records expunged, sealed, or removed from public view. Interested individuals may visit record custodian websites to check the appropriate procedure for completing the process.

Who Can Access Worcester County Public Records in Massachusetts?

According to 950 CMR 32.02, any person or entity can inspect or copy public records in Worcester County. However, some records are only open to a select few, like the subject of the record, their attorneys, or a government official in need of them for business purposes.

What Happens if I Am Refused a Public Records Request?

Agencies in Worchester County honor public record requests in accordance with the Massachusetts Public Records Law. However, they can deny access if the law exempts the record or is not in their custody. According to 950 CMR 32.06(3), a records access officer must provide a written notice of any denial to the requesting party. The notice must be sent within 10 business days after receiving the public records requests. The notice should include:

• The date the request was received.
• Specific information if the requested record is not maintained by the agency the records access officer serves
• If the records access officer knows the agency in charge of the desired public record
• Information about any records or portion of them that the agency wants to withhold
• Any specific exemption to the Public Records Law that applies to the withheld records
• Information about the applicability of each cited exemption to each portion of the withheld records
• Information on any portions of responsive records that the agency intends to produce
• A statement on the requester's right to seek administrative appeal and judicial review.

The requester can send a petition to the supervisor within 90 days of receiving the denial response. The petition must be in writing and include the record seeker's objections to the response. All copies of correspondence associated with the petition must be sent to the supervisor, and a copy of the petition must also be sent to the records access officer.