Are Montgomery County Records Public?

Yes. Under Pennsylvania Right-to-Know Law (RTKL), records produced by commonwealth agencies in the course of official business are presumed to be public. These records typically include papers, maps, tapes, documents, letters, books, film photography, or sound recordings created, received, or retained by an agency per RTKL § 102.

The RTKL covers four categories of agencies (commonwealth, local, legislative, and judicial). However, judicial records are not subject to access or limitations under the RTKL. These records are public under Section 3.0 of the Public Access Policy of the Unified Judicial System. Some examples of public documents include Montgomery County court records and case documents, criminal and vital records, and property records.

What is Exempted Under the Pennsylvania Public Records Act?

The Pennsylvania Right-to-Know Law (RTKL) grants the public the right to access, inspect, and obtain copies of public records. However, according to the state's public records laws, public access to these records is not absolute, as requesters may not access records because they are exempt from public disclosure. Such records are only open to individuals named on them and their authorized representatives. Some examples of exempted records in Montgomery County according to RTKL § 708 include:

• Juvenile records
• Investigatory records
• DNA and RNA records
• Court or case records containing information pertaining to ongoing criminal investigation
• Workplace support services program records
• Trade secrets and confidential, proprietary records
• A judge or law enforcement officer's home address
• Medical, psychiatric, or psychological history records
• Personal notes and working papers of a public official
• A record that identifies the location of an archeological site
• Strategy or negotiation records about labor relations, collective bargaining, and related arbitration proceedings
• Unpublished manuscripts, articles, and lecture notes of a student, staff employee, or faculty member
• Military, national defense, homeland security, or law enforcement records whose disclosure will jeopardize or threaten public safety
• The draft of a bill, regulation, resolution, statement of policy, management directive, ordinance, or amendment created by or for an agency
• Correspondence between anyone and a member of the General Assembly whose disclosure would identify a person who requests assistance
• Academic transcripts, scoring keys, examination questions, or answers provided by primary and secondary schools and institutions of higher education
• Personal identifying information like financial information, telephone numbers, all or part of a Social Security number, driver's license number, personal email addresses, and employee number
• A record whose disclosure would cause physical harm to a person or endanger the safety or the physical security of a public utility, building, infrastructure, resource, facility, or information storage system

Montgomery County Public Records Search

To conduct a Montgomery County public record search, interested persons may follow these steps:

• Determine which agency to ask: The requester may begin their search by determining which agency is responsible for the records they seek. Submitting a request to the wrong agency can waste time and increase the chances of denial.
• Find the Agency Open Records Officer: Go to the agency's website and find the contact information of the Agency's Open Records Officer (AORO) or Right-to-Know Officer. Then, address the request to the officer. Alternatively, record seekers may use the Open Records Officer's (OOR) Search Portal to find the AORO of registered agencies in Montgomery County. Most agencies will have a dedicated clerk's office where record requests can be made.
• Prepare and Submit the Request: Some agencies have their own designated RTK Request Forms, which record seekers can use to request public records. However, individuals can also use the OOR's Standard RTK Request Form. The form can be submitted by mail, email, fax, or in person during business hours. Typically, inquirers will need to provide specific information with which to facilitate the case search, including a party name, case number, filing date range and any other information
• Pay the necessary fees: Agencies do not charge for RTK requests but may charge for copying them (Official RTKL Fee Schedule). Copies will not be available until the applicable fee is paid. Plain copies cost $0.25 per page, and certified copies cost $1.

An agency has five business days to respond to RTK requests and can request an extension if necessary. Individuals should make their requests specific and concise for efficient and effective record searches, which helps agencies locate public records quickly.

Find Public Records For Free in Montgomery County

Some agencies in Montgomery County maintain databases where individuals can access public records for free. For example, some public records can be found on the Montgomery County Public Access Portal at no cost. Alternatively, Montgomery County residents can use third-party platforms to access public records for free. Unfortunately, this approach typically returns limited information or search results. Comprehensive information is usually restricted to paying subscribers or registered users. However, it is worth noting that public records obtained through third-party vendors may be outdated or incomplete. Thus, inquirers are advised to verify any information retrieved from such sites.

How to Remove Information From Public Records Free

Interested persons may remove information from a public record by contacting the agency responsible for the record. The agency will facilitate the removal if the requester meets the specified eligibility criteria per state statutes and/or presents a court order to prove their eligibility. In most cases, petitioners will be provided specific forms that must be completed to have records expunged, sealed, or redacted. For example, eligible individuals can file a completed Petition for Expungement Form with the Montgomery County Clerk of Courts to have their arrest or criminal records expunged. Some agencies permit requesters to remove their information from public records for free, while others who charge fees permit eligible individuals to apply for fee waivers.

Who Can Access Montgomery County Public Records in Pennsylvania?

According to RTKL § 102, any legal resident of the US can access Montgomery County public records. However, access may be denied if the records are exempt from public disclosure. Such exempt records are only available to specific individuals, including the record owners, their legal representatives, or government agencies requiring the records for official purposes.

What Happens if I Am Refused a Public Records Request?

An agency may deny a public records request if the record is exempt from disclosure, the agency does not have custody of the requested record, or the requester fails to provide enough information to help locate the record. According to the RTKL § 903, an agency that seeks to deny a written request for a record must send a written response to the record seeker. The response must include the following:

• The date of the response
• A description of the requested record.
• The specific reasons for the denial.
• The open-records officer's name, title, signature, and business telephone number and address.
• The procedure to appeal the denial of access under the Pennsylvania Right-to-Know Law (RTKL)

Upon a denial, the requester has 15 business days to file an appeal with the Office of Open Records or another appeals officer designated under RTKL § 503(d). The appeals officer must mail a final determination about the record to the requester within 30 days of receiving the appeal (RTKL §1101). The officer can choose to conduct a hearing before issuing the final determination. The requester can file a petition for review within 30 days of receiving the final determination.