Are Utah County Records Public?

Utah county records are public, per Utah's Government Records Access and Management Act (GRAMA). The GRAMA legislative laws acknowledge the public's right to information on how government institutions conduct business.

According to the state's public records laws, any letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material created, owned, received, or retained by a governmental entity should be considered public records unless another state law or court order expressly exempts it.

Similarly, federal records in Utah County are regarded as public records under the Freedom of Information Act (FOIA). Other public records include Utah County court records, property records, criminal and vital records, statistics, and related filings and information.

What is Exempted Under the Utah Public Records Act?

The Utah Government Records Access and Management Act gives citizens the legal right to request access to documents produced by Utah's governmental entities. Every record custodian is also required by law to make these records accessible by setting up channels via which the general public can request them. However, certain government records are exempted from public disclosure because of the information they contain.

Certain records include extremely sensitive and personal information, and making them public would be a privacy violation. Other documents are shielded from public disclosure because disclosing them would violate other federal or state laws prohibiting the public release of such data. For example, medical records are exempted as per 45 C.F.R., Parts 160 and 164 of the US Department of Health laws. Finally, specific government records are exempt from public disclosure when a person named in the record reaches confidentiality agreements with the government through the courts.

In general, there are two main categories of exemptions under the GRAMA, these include:

• Restricted records: These records are entirely off-limits to members of the public.
• Private/Limited records: These records can only be requested by select individuals, usually those named in the document they are asking for.

Some examples of exempted records in Utah County include:

• Records of financial speculation
• Records that reveal any trade secrets.
• Military and law enforcement intelligence records.
• Guardianship and adoption records.
• Medical records.
• Personal information of victims of sexual crimes.
• records subject to attorney-client privilege
• Court security plans

Utah County Public Record Search

Anyone can perform a Utah County public record search at any government agency in the Utah county. The first step to obtaining public records in Utah is identifying the needed documents and researching the agency that creates, stores, and maintains the records. Researching to discover the custodian of the public record ensures that the requestor reduces wait time to receive the public because the request goes directly to the custodian. For example, citizens can request Utah County's criminal records through the Utah County Sheriff's Office. At the same time, the Utah County Recorder's Office accepts public record requests for land records and property ownership documents.

Requests can also be made using a third-party search portal hosted on the Utah county webpage. This online portal collects information on public records requests and then sends it to the requested record's custodian.

Requesters should note, however, that:

• To comply with a request, an agency may charge fees for search, retrieval, and other direct administrative expenses. However, it can fulfill requests for free and is encouraged to do so.
• Citizens should specify what kinds of records they are asking for. Applicants must be detailed in their request submissions, including dates, names, addresses, and the requested documents.
• If a requestor thinks they have a right to obtain records that are not publicly available, they should state this in their application.

Find Public Records For Free in Utah County

Agencies in Utah County are encouraged to provide public records at no cost. However, this isn't easy to implement because the agency has to pay staff to research, make copies, and send documents. Individuals can request a fee waiver, but the requestor must provide as much detail as possible about the reason for the waiver request. An agency may decide to grant a fee waiver at its discretion.

However, anyone can also use third-party websites to search for these records for free. A third-party site is a privately owned web platform that allows public record searches. These merchants frequently gather public records from various sources, including government agencies, but are not connected to government departments. These websites are excellent places to start looking for public records because of their extensive databases, which may help with searches throughout the United States and even across different areas. Third-party websites are also very convenient because they eliminate the need to visit any office in person. Individuals can search for records within minutes and have them sent to their location.

How to Remove Information From Public Records Free

The subject of the record may apply to the appropriate custodian in Utah County to have information removed from a public record. The request must include a legal justification for the record's removal from public view; if the information is eligible for removal or redaction, it will be expunged immediately.

Who Can Access Utah County Public Records in Utah?

Anyone can request public records in Utah County. Eligibility to make a request does not exclude anyone, regardless of where they are from. Utah Code 63G-2-201 states that anybody has the right to a free public record inspection and the right to obtain a copy of a public record during regular business hours. However, individuals can be denied access to public records based on their criminal history if it is determined that they might use these records for a criminal act. Wanted persons may also be denied public record requests and subsequently arrested.

What Happens if I Am Refused a Public Records Request?

Public data shows that public record requests are often honored, and records are sent to the requester the majority of the time. However, agencies also have the right to refuse or deny public record requests. Some of the reasons why public record requests may be rejected include:

• The request was too vague, and the information provided was incorrect. Therefore, the information provided is insufficient and cannot be used to search for the records.
• The requested records do not exist.
• The requested records are exempted from public disclosure by state laws.
• The records custodian has determined that releasing these records may be against public safety rules.

According to Utah Code Section 63G-2-205(1)(2), the government must give a notice of refusal if it rejects the request in whole or in part. A refusal notice must provide the following information:

• It should include an explanation of the document to which access is being refused unless the description reveals protected information.
• The legal reference that supports the restriction of access (unless the reference reveals confidential information).
• A notice that the requester has the right to appeal, along with information on deadlines and the name and address of the chief administrative officer to whom the appeal should be sent.

According to Utah Code Ann. § 63-2-401, the requester has 30 days to appeal the decision to the custodian agency's Chief Administrative Officer (CAO) if the request is denied. If the request is still denied, the requestor may petition the county court to obtain these records.