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Is Massachusetts a Public Records State?

Massachusetts upholds the principle of transparency, ensuring that the majority of records and information generated or utilized by governmental entities are accessible to the public. The Massachusetts Public Records Law stipulates that public records encompass information created, received, or used by any officer or employee of the Commonwealth or any person or organization funded by the Commonwealth (G. L. c. 4, § 7(26)).

What is Public Information in Massachusetts?

Under Massachusetts public records laws, the following are deemed public information:

  • Inmate records
  • Marriage and divorce records
  • Birth and death records
  • Sex offender information
  • Property and land records
  • Arrest records
  • Crime statistics
  • Criminal records and criminal history records

Requests for public records can be submitted to a government agency's Records Access Officer (RAO). The RAO is responsible for coordinating responses, identifying records, and assisting those seeking public records. The law mandates that the RAO must facilitate records inspection or provide copies of non-exempt public records promptly and without unreasonable delays.

Certain government agencies may also maintain public data search databases for specific record types, such as the Commonwealth of Massachusetts Sex Offender Registry Board's (SORB) public sex offenders database, which can be accessed by interested parties.

How Do I Look Up Public Records in Massachusetts?

To look up public records in Massachusetts, follow these steps:

  • Identify the Required Record and Custodian Agency

Determine the specific record you need and the agency or municipality that maintains it. For example, sex offender records are held by the state sex offenders registry, while arrest records and incident reports are maintained by state and local law enforcement. Correctly identifying the custodian agency will prevent delays and potential denials of public records requests. If a request is misdirected, the responding agency typically informs the requester of the correct custodian. Vital records are maintained by the state Department of Health Registry of Vital Records (RVRS).

  • Contact the Custodian

Each government agency and municipality appoints a Records Access Officer (RAO) responsible for handling public records requests. All requests should be directed to the RAO, whose contact information is usually available on the agency’s website. If not, requesters can call the agency or municipality office to obtain this information.

  • Submit the Request

Requests can be made orally in person, in writing, by telephone (with RAO permission), by mail, electronically via email, or by facsimile if available. The request should provide a clear and specific description of the record to facilitate quick location. While official forms are not mandatory, they may be provided to streamline the process. Written requests and forms must be submitted during the agency’s office hours. Copies are provided after the RAO receives payment of required fees. The requester does not need to provide their identity or purpose for the request, although this information may be necessary to determine if the request is for commercial purposes or if a fee waiver is applicable.

Utilizing Third-Party Resources for Massachusetts Public Records Obtaining

City Records

Public city records can also be accessed via third-party websites. These platforms offer user-friendly tools for comprehensive searches. To assist with the search, users must provide sufficient information such as:

  • The name of the subject (must be over 18 or not a juvenile)
  • The requester’s address
  • A case or file number (if known)
  • The location of the document or individual involved
  • The last known or current address of the registrant

Third-party sites are not government-sponsored, so record availability and accuracy may vary.

Public Records

Third-party websites also offer access to public records. These platforms provide expansive and straightforward search services. Users need to provide adequate information to facilitate the search, such as:

  • The name of the subject (not a juvenile)
  • The last known location of the subject

Since these services are not government-sponsored, the availability and accuracy of records can vary.

How To Look Up Public Records in Massachusetts for Free?

Free access to public records in Massachusetts depends on the type of record and the custodian agency. The most straightforward method is to request physical inspection of records at the custodian’s office. Online searches are also effective for free access. Many state courthouses in Massachusetts have public access terminals for free court case record searches, with fees applicable only for copies. Court records can also be accessed for free on the eAccess database and the Public Case search portal. The sex offender registry and its search tools are available online for free access to sex offender records and information.

However, not all record custodians offer free searches. For example, county clerks and recorders typically charge fees for accessing and copying records, including certain vital records and land deeds.

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