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McHenry County Public Records

What Are Public Records in McHenry County?

Public records in McHenry County are defined under the Illinois Freedom of Information Act (FOIA) as all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information, and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of, or under the control of any public body.

McHenry County maintains numerous types of public records, including:

  • Court Records: Civil, criminal, traffic, family, and probate cases maintained by the McHenry County Circuit Clerk
  • Property Records: Deeds, mortgages, liens, plats, and property transfers maintained by the County Recorder
  • Vital Records: Birth certificates, death certificates, marriage licenses, and civil union licenses maintained by the County Clerk
  • Business Records: Business licenses, permits, and fictitious business name registrations
  • Tax Records: Property tax information, assessment records, and tax sale information
  • Voting and Election Records: Voter registration data, election results, and campaign finance reports
  • Meeting Minutes and Agendas: County Board and committee meetings, special districts, and commissions
  • Budget and Financial Documents: Annual budgets, financial reports, expenditures, and contracts
  • Law Enforcement Records: Arrest logs, incident reports (with certain restrictions), and jail records
  • Land Use and Zoning Records: Building permits, zoning applications, and land use plans

Each record type is maintained by specific county departments. For example, the McHenry County Clerk maintains vital records and election information, while the McHenry County Recorder handles property and land records. Court records are maintained by the Circuit Court Clerk pursuant to 705 ILCS 105/, which establishes the duties and responsibilities of circuit court clerks in Illinois.

Is McHenry County an Open Records County?

McHenry County adheres to the Illinois Freedom of Information Act (5 ILCS 140/), which establishes the public's right to access government records and information. Under Section 1 of this Act, "all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees."

The Illinois FOIA presumes that all records in the custody or possession of a public body are open to inspection or copying. According to 5 ILCS 140/1.2, "All records in the custody or possession of a public body are presumed to be open to inspection or copying. Any public body that asserts that a record is exempt from disclosure has the burden of proving by clear and convincing evidence that it is exempt."

McHenry County has established specific procedures for handling public records requests in compliance with state law. The County maintains a FOIA Center on its official website where citizens can find information about submitting requests, designated FOIA officers for each department, and the county's FOIA policy.

Additionally, McHenry County complies with the Illinois Open Meetings Act (5 ILCS 120/), which requires that meetings of public bodies be open to the public, with certain limited exceptions. The County Board and its committees regularly post meeting agendas, minutes, and recordings as required by this law.

How to Find Public Records in McHenry County in 2026

Members of the public seeking records from McHenry County may utilize several methods to access information. The County has established streamlined processes for record retrieval that comply with state regulations.

For general records requests:

  1. Submit a FOIA request through the McHenry County FOIA Center using the standardized request form.
  2. Direct the request to the appropriate department's FOIA Officer.
  3. Provide a reasonably detailed description of the records sought.
  4. Indicate preferred format for receiving records (electronic or paper).
  5. Allow up to 5 business days for a response, as required by 5 ILCS 140/3(d).

For specific record types, the following procedures apply:

Court Records:

  • Visit the McHenry County Circuit Clerk's Office in person at the courthouse.
  • Use the online case access portal for publicly available court records.
  • Submit a written request for certified copies of court documents.

Property Records:

  • Search property records through the Recorder's Office online portal.
  • Visit the Recorder's Office in person for assistance with complex searches.
  • Request certified copies of deeds, mortgages, and other recorded documents.

Vital Records:

  • Apply for birth, death, marriage, or civil union certificates through the County Clerk's Office.
  • Provide required identification and complete the appropriate application form.
  • Pay applicable fees for certified copies.

Tax and Assessment Records:

  • Access property tax information through the Treasurer's Office.
  • Review property assessments via the Assessor's Office.
  • Search for tax sale information through the County Treasurer.

Many records are currently available through online portals, reducing the need for in-person visits. The County continually expands its digital offerings to improve public access while maintaining security and privacy protections required by law.

How Much Does It Cost to Get Public Records in McHenry County?

McHenry County assesses fees for public records in accordance with the Illinois Freedom of Information Act (5 ILCS 140/6). The current fee structure includes:

  • Standard Paper Copies: $0.15 per page for black and white copies (after the first 50 pages, which are provided free of charge)
  • Color Copies: Actual cost of reproduction
  • Electronic Records: No charge when records are provided in electronic format, unless the request requires the purchase of storage media
  • Certified Copies: Additional $1.00 per document for certification

Specific record types carry statutorily mandated fees:

  • Vital Records:

    • Birth Certificates: $10.00 for the first copy, $4.00 for each additional copy ordered at the same time
    • Death Certificates: $14.00 for the first copy, $4.00 for each additional copy ordered at the same time
    • Marriage/Civil Union Certificates: $10.00 for the first copy, $4.00 for each additional copy ordered at the same time
  • Court Records:

    • Case Filings: Vary by case type as established in 705 ILCS 105/27.1a
    • Certified Court Documents: $6.00 for the first page, $1.50 for each additional page
    • Record Searches: $6.00 per name or case number searched
  • Recorder's Office Documents:

    • Standard Document Recording: $40.00 for the first page, $1.00 for each additional page
    • Plats: $60.00 per page
    • Certified Copies: $10.00 plus $1.00 per page

Payment methods accepted by McHenry County offices include:

  • Cash (in-person only)
  • Personal checks
  • Money orders
  • Credit/debit cards (subject to processing fees)
  • Electronic payments for online services

The County may waive or reduce fees if the requester demonstrates that the request is in the public interest pursuant to 5 ILCS 140/6(c). Commercial requests may incur additional fees for personnel time required to locate, review, and redact records.

Does McHenry County Have Free Public Records?

McHenry County provides several categories of public records at no cost to requesters. In accordance with the Illinois Freedom of Information Act (5 ILCS 140/6), the first 50 pages of black and white, letter or legal-sized copies are provided free of charge for all non-commercial requests.

Free public records access is available through the following means:

  • In-Person Inspection: Members of the public may inspect any non-exempt public records during normal business hours at no charge. Appointments may be required for extensive record reviews or to ensure staff availability.

  • Online Access: The County provides free access to numerous records through its official website, including:

  • Public Access Terminals: Computer terminals are available at several county facilities for public use in searching electronic records, including:

    • Circuit Clerk's Office for court records
    • Recorder's Office for property records
    • County Clerk's Office for election information
  • Electronic Delivery: Records provided in electronic format via email or download link are generally provided at no cost, unless the request requires the purchase of storage media.

The County Clerk's Office, Recorder's Office, and Circuit Clerk's Office maintain public access areas where citizens can conduct research and view public records during regular business hours without charge. Staff members are available to assist with locating records, though extensive research assistance may incur fees.

Who Can Request Public Records in McHenry County?

Under the Illinois Freedom of Information Act (5 ILCS 140/3), any person, regardless of citizenship or residency status, may request public records from McHenry County. The law specifically states that "each public body shall make available to any person for inspection or copying all public records," with certain exceptions.

Key eligibility considerations include:

  • Residency Requirements: No residency requirements exist for basic public records requests. Non-Illinois residents have the same access rights as Illinois residents.

  • Identification Requirements:

    • For general public records: Requesters are not required to provide identification or state the purpose of their request, except for commercial requests.
    • For vital records: Proper identification is required in accordance with 410 ILCS 535/ to prevent identity theft and fraud.
  • Commercial Requesters: Persons requesting records for commercial purposes must disclose this intent. According to 5 ILCS 140/2(c-10), commercial purpose means "the use of any part of a public record or records, or information derived from public records, in any form for sale, resale, or solicitation or advertisement for sales or services."

  • Restricted Records Access: Certain records have specific eligibility requirements:

    • Vital records (birth, death, marriage certificates) have access restrictions based on relationship to the subject of the record.
    • Requesters seeking their own records typically have broader access rights than those seeking records about others.
    • Law enforcement records may have special access provisions based on involvement in the case.
  • Representatives: Attorneys, researchers, and other representatives may request records on behalf of clients, provided they have proper authorization when required.

  • Media Representatives: Journalists and news organizations have the same access rights as other requesters, though some agencies may have specific media relations procedures.

The County may not require requesters to state the purpose of their request, except to determine if the request is for commercial purposes or to determine if a fee waiver applies. However, providing context for requests may help county staff locate responsive records more efficiently.

What Records Are Confidential in McHenry County?

McHenry County maintains certain records as confidential in accordance with 5 ILCS 140/7, which establishes exemptions from inspection and copying. These exemptions protect privacy, security, and other important interests while balancing the public's right to information.

Records exempt from disclosure include:

  • Personal Information: Private information such as Social Security numbers, driver's license numbers, biometric identifiers, personal financial information, medical records, and home addresses of certain officials and employees.

  • Law Enforcement Records: Information that would:

    • Interfere with pending or contemplated law enforcement proceedings
    • Deprive a person of a fair trial
    • Identify confidential sources or witnesses
    • Disclose specialized investigative techniques
    • Endanger the life or physical safety of law enforcement personnel or others
  • Juvenile Records: Records relating to juvenile offenders are confidential under 705 ILCS 405/1-7, with limited exceptions.

  • Sealed and Expunged Court Records: Records that have been ordered sealed or expunged by a court.

  • Deliberative Process Materials: Preliminary drafts, notes, recommendations, and memoranda in which opinions are expressed or policies formulated.

  • Trade Secrets and Commercial Information: Confidential trade secrets, commercial, or financial information obtained from a person or business.

  • Attorney-Client Privileged Communications: Communications between the County and its attorneys.

  • Employee Personnel Files: Personnel files and personal information maintained with respect to employees, appointees, or elected officials, except for the name, title, salary, and dates of employment.

  • Security Information: Vulnerability assessments, security measures, and response plans intended to prevent or respond to terrorist attacks or other security threats.

  • Sealed Bids and Proposals: Sealed bids and proposals until an award or final selection is made.

  • Real Estate Negotiations: Documents related to real estate purchase negotiations until those negotiations have been completed or otherwise terminated.

  • Medical and Mental Health Records: Protected by Health Insurance Portability and Accountability Act (HIPAA) and other privacy laws.

  • Adoption Records: Confidential under 750 ILCS 50/18, with limited exceptions.

When a record contains both exempt and non-exempt information, the County will redact the exempt information and provide the remainder of the record. The County bears the burden of proving that records fall within an exemption by clear and convincing evidence if a denial is challenged.

McHenry County Recorder's Office: Contact Information and Hours

McHenry County Recorder's Office
2200 North Seminary Avenue, Suite 236
Woodstock, IL 60098
(815) 334-4110
McHenry County Recorder

Regular Office Hours:
Monday through Friday: 8:00 AM to 4:30 PM
Closed on weekends and county-observed holidays

Services Provided:

  • Recording of deeds, mortgages, and other real estate documents
  • Maintaining land records and property transactions
  • Issuing certified copies of recorded documents
  • Processing military discharge records (DD-214)
  • Maintaining plat maps and surveys
  • Recording federal and state tax liens

Document Recording Requirements:

  • Original documents must be submitted for recording
  • Documents must be legible and meet formatting standards per 55 ILCS 5/3-5018
  • Proper fees must accompany all documents
  • Real estate transfer tax declarations must be included with deeds when applicable

Public Search Options:

  • In-person searches using public access terminals
  • Online record searches available through the Recorder's website
  • Staff assistance available for complex searches

Additional Information:

  • The Recorder serves as the official keeper of land records for McHenry County
  • The office maintains records dating back to the county's formation
  • Document recording typically occurs the same day as submission
  • Expedited service may be available for urgent recording needs

Lookup Public Records in McHenry County

McHenry County Courthouse