Are Hudson County Records Public?

Yes. The New Jersey Open Records Act ("OPRA") (N.J.S.A. 47:1A-1, et seq.) mandates that record custodians make government (public) records in their custody available to the public for inspection or copying.

Public records, as per the Act, include all papers, books (written or printed), drawings, photographs, maps, plans, and other materials that are received or kept on file with an officer, commission, agency, or state authority in the course of their official business. These records encompass the Hudson County court records, vital records, property documents, and criminal files.

The public's access to government records allows citizens to hold their government accountable and understand how the government operates.

What is Exempted Under the New Jersey Public Records Act?

While government records are open to the public under New Jersey's Public Records Act (or Open Records Act), they are only open to the extent that they do not invade an individual’s privacy, affect public safety, or hamper any other legitimate interest.

For this reason, certain records or information may not be disclosed to the public and are considered "exempt" or "confidential" under the law. Examples are provided below:

• Specific legislative records
• Medical examiner records
• Criminal investigatory records
• Victims’ records
• Trade secrets and other proprietary information
• Attorney-client privileged information
• Information that will jeopardize computer and building security if disclosed
• Information that will give an advantage to bidders if disclosed
• Information created by or on behalf of a public employer in relation to a sexual harassment case, in connection with collective negotiations, or with any grievance filed by or against a person
• Personal identifying information, like social security, credit card, and driver's license numbers
• Information that must be kept confidential because of a court order
• Certain higher education records, such as academic or employment test questions
• Public defender records

Hudson County Public Record Search

The following are practical steps for finding public records in Hudson County:

Identify the Type of Record and the Record Custodian

A requester must first determine the record they wish to obtain and verify that it is a public document and not subject to an exemption under the law.

To avoid unnecessary delays in receiving feedback, requesters should also ensure that their request is directed to the proper record custodian. For example, requests for police records should be directed to the Hudson County Sheriff's Office, not the Hudson County Register’s Office, which maintains deeds, mortgages, maps, etc.

Contact the Record Custodian

Record custodians may maintain unique public records policies. Therefore, it is prudent for requesters to contact the appropriate agency to determine their procedures for public record requests. However, the New Jersey Public Records Act stipulates that record requests must be made in writing and delivered by hand, mail, electronically, or via any other method approved by the record custodian. In-person requests are available during an agency’s regular work hours.

Certain agencies also allow requesters to search an online database to obtain public information. Requesters interested in a remote search can check the record custodian’s official website for any such tool. For example, the Hudson County Register's Office allows individuals to search properties online via its Online Property Search Tool.

Notably, Hudson County maintains an OPRA portal through which individuals can submit requests for any public record held in a county government agency's custody and track their requests' progress.

Pay the Required Fees

Individuals requesting copies of a public document are expected to cover the costs of reproducing and delivering the requested record(s). These costs can be paid in cash, by check, or by money order.

Wait for a Response

In Hudson County, record requests are subject to a seven-business-day response timeframe. Within this period, the record custodian will notify the requester if their request was granted or denied. If a record is not immediately available, the record custodian will advise on the most likely release date. A record request is deemed rejected if no response is received during this period.

Requesters will find these tips helpful when submitting a public records request:

• Requests must be specific and sufficiently describe the sought-after records.
• Requests should include the requester’s contact details (except if it is sent anonymously).
• Requesters are advised to use the respective agency’s request form when available. In the absence of a special request form, they can utilize the Hudson County OPRA Form.

Find Public Records For Free in Hudson County

Requesters can conduct a free search of public records through government agencies by limiting their requests to document inspection only. Alternatively, they can leverage free services provided by third-party aggregator websites.

Requesters should note, however, that patronizing private databases comes with potential risks or drawbacks, such as inaccurate information and the inability to use obtained data for official purposes.

How to Remove Information From Public Records Free

The process of removing information from public records in Hudson County depends on the type of information in question. Generally, record subjects can contact the relevant record custodians about removing sensitive personal information from public access.

If the information to be removed pertains to a criminal case, the subject of the record should apply for an expungement online via the eCourts Expungement System. The New Jersey judicial branch's Expunging Your Criminal Records page has detailed information about the court expungement process.

Requests to remove information from public records are only honored when the information qualifies for redaction or removal under an applicable statute.

Who Can Access Hudson County Public Records in New Jersey?

According to the New Jersey Open Records Act, government records are open to "citizens of this state" for inspection, copying, or examination. In the absence of a definition by OPRA, the term "citizen" can be widely construed to mean:

• a person residing in New Jersey;
• a registered voter in New Jersey;
• a person who pays taxes in New Jersey; or
• anyone who has a home in New Jersey.

In practice, however, individuals are generally not required to confirm their identity when requesting Hudson County or other New Jersey public records. Indeed, the Citizens' Guide to the Open Records Act notes the Attorney General’s opinion that the OPRA does not decline access to public records to residents of other states.

New Jersey's OPRA can be interpreted to allow any person to access public information because it permits anonymous requests for records (except for victims’ records).

What Happens if I Am Refused a Public Records Request?

A record custodian in Hudson County can deny a public record request in certain circumstances:

• The request was made for an exempt record.
• The requester is a person convicted of an indictable offense in New Jersey or anywhere else in the United States of America, and the individual is seeking government records that include personal information about their victim or a family member of the victim.
• The request will substantially disrupt the agency's operations, and the record custodian cannot reach a reasonable solution with the requester.

Requesters should note that they have the right to appeal denials they believe are unfair by filing a written complaint with the Government Records Council (GRC) or by instituting a civil action in the Superior Court of New Jersey, County of Hudson.