Are Bergen County Records Public?

Yes. Several laws regard records maintained by government agencies in Bergen County as public records, chief of which is the New Jersey Open Public Records Act. According to this law, all government records are subject to public access unless they meet a permitted exemption. Government records must be readily available for citizens of this state to view, copy, or examine, with specified exceptions, in the public interest.

These records may include any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information, or any copy. They may be created, maintained, or stored by an officer, commission, agency, or authority of the state or any political subdivision. Some examples of these records include Bergen County court records, property records, criminal records, vital records, and related documents.

What is Exempted Under the New Jersey Public Records Act?

Under the state's Open Public Records Act, public agencies are responsible and obligated to safeguard a citizen's personal information from public access if the disclosure violates a citizen's reasonable expectation of privacy. This provision in the state's public records laws balances the public's right to access public records with the need for nondisclosure or confidentiality in the appropriate situation.

The following records or information may be exempt from public disclosure in Bergen County. The following information is exempt from being included in government public records in Bergen County since they are considered confidential:

• Personal identifying information
• Medical examiner records
• Legislative records
• Victim records
• Juvenile case records
• Case documents relating to ongoing investigation
• Trade secrets and proprietary commercial or financial information obtained from any source
• Any record within the attorney-client privilege
• Information that must be kept confidential following a court order
• Public employee-related information
• Security and surveillance measures.

Some parties, their legal representatives, and government authorities may have access to exempt records for official purposes, even though general disclosure may be prohibited.

Bergen County Public Record Search

Bergen County complies with requests for public records following the law governing the public's access to government records in New Jersey. Utilizing the OPRA Request Online Portal is the most effective way to request public records from the County of Bergen. In addition to giving members of the public easy, round-the-clock access to seek and receive public records, this portal assists the County in effectively managing and administering OPRA requests. Users are required to create an account to make a request.

Alternatively, one may file a written OPRA request by completing the Government Records Request Form. The form can be submitted via mail to the appropriate division or department, as instructed on the second page of the form.

Record seekers must note the following to conduct efficient and effective record searches:

• Be as specific as possible in describing the records being requested.
• The requester's preferred mode of delivery will only be accommodated if the custodian has the technological means and if the method of delivery will not be jeopardized.
• Records sought in connection with a legal proceeding may require identification of that proceeding.

Find Public Records For Free in Bergen County

The public may access Bergen County's public records via several third-party websites. Anyone with an internet connection can easily and conveniently see court records remotely through services offered by third-party websites. These websites oversee a collection of public documents collected from various government record keepers.

Basic searches can typically be conducted for free by entering the subject's initial and last name. However, individuals who wish to perform a more thorough search might have to submit more details and pay a one-time fee or subscribe to a paid service. Despite the ease of use of these services, record seekers should be aware that information may need to be carefully vetted because it may be partial or outdated. These sites may also restrict extensive information to paying or registered users.

Interested persons may also view physical copies for free at the appropriate clerk's office. However, they will be charged a fee for certified copies (if they request them). They will also need to provide specific information to aid the case search process and streamline search results. These include a party name, document filing date range, case number, and other details.

How to Remove Information From Public Records Free

Removing information from a public record in Bergen County may involve the redaction, expungement, or sealing of a record under state law. The subject of the record may apply to the relevant custodian.

Redaction is the process of editing a record to prevent the public from viewing information that should not be disclosed. It can apply to words, sentences, paragraphs, or entire pages in a government record that is otherwise publicly accessible under OPRA. In a redaction, the record custodian employs a visually noticeable technique to blot out pieces of information. Records that may be redacted include personal information such as a social security number or an unlisted phone number. Depending on the situation, the custodian may utilize a separate document or the request form to explain why certain parts of a record have been redacted while mentioning the OPRA exemption being cited.

For example, to expunge a court record in Bergen County, requesters must first ascertain their eligibility, collect the required documentation, fill out and submit an expungement petition, and then serve the petition to the appropriate agencies, which may result in a court hearing.

Who Can Access Bergen County Public Records in New Jersey?

Under the New Jersey OPRA, anybody can seek access to public records maintained by government bodies, with certain exceptions. Requesters are not required to provide a statement of purpose or have restrictions on the use of records. Requesting public records from a New Jersey state or local government does not require citizenship or residency. However, OPRA explicitly prohibits anonymous requests for victims' records.

What Happens if I Am Refused a Public Records Request?

If the custodian does not respond to the request within seven business days of receiving it or within another applicable statutory time frame, the request will be considered denied. Requestors may choose to contact the custodian to inquire about the status of their request, or they may choose to file a complaint against the custodian for failing to respond to their request within the statutorily mandated time frame.

Requests for public records in Bergen County may be denied for the following reasons:

• When a requestor submits an OPRA request to multiple agencies in a single transmission (N.J.S.A. 47:1A-5(g))
• When requests are submitted to multiple custodians within one public agency or an identical request from the requestor is already pending before the agency.
• If a record requested, or portions of a record requested, fit into any of OPRA's exemptions, the custodian may deny access.

According to N.J.S.A. 47:1A-6, if someone is accurately identified by name and is refused access to a government record, they have the following options to file a complaint with the New Jersey Superior Court by contacting the appropriate county court. Requestors may also want to speak with an attorney to learn more about filing and pursuing legal action or submit a complaint to the Government Records Council (GRC).