Elkhart County Public Records

What Are Public Records in Elkhart County?

Public records in Elkhart County are defined as any written, printed, photographed, or electronically stored document created, received, retained, maintained, or filed by or with a public agency, as established under the Access to Public Records Act (APRA), Indiana Code § 5-14-3. These records document the activities and functions of government agencies serving the residents of Elkhart County.

Elkhart County maintains numerous types of public records, including:

Court Records: Civil, criminal, probate, and family court cases maintained by the Elkhart County Courts, including judgments, filings, and case dispositions
Property Records: Deeds, mortgages, liens, easements, and property assessments maintained by the Elkhart County Recorder's Office
Vital Records: Birth certificates (limited to 75 years or older), death certificates, marriage licenses, and divorce decrees maintained by the Elkhart County Health Department and Clerk's Office
Business Records: Business licenses, permits, assumed business names, and corporate filings maintained by the Elkhart County Clerk's Office
Tax Records: Property tax statements, assessment records, and tax sale information maintained by the Elkhart County Treasurer and Assessor
Voting and Election Records: Voter registration data, election results, and campaign finance reports maintained by the Elkhart County Election Board
Meeting Minutes and Agendas: Official proceedings of the Elkhart County Commissioners, County Council, and various boards and commissions
Budget and Financial Documents: County budgets, expenditure reports, and financial statements maintained by the Elkhart County Auditor
Law Enforcement Records: Arrest logs, incident reports (with legally required redactions), and jail records accessible through the Indiana Jail Public Portal
Land Use and Zoning Records: Permits, zoning maps, and planning documents maintained by the Elkhart County Planning Department

Each record type is maintained by specific county departments with statutory responsibility for their creation, maintenance, and public access in accordance with Indiana law.

Is Elkhart County an Open Records County?

Elkhart County adheres to Indiana's open records laws, specifically the Access to Public Records Act (APRA), Indiana Code § 5-14-3. This statute establishes the fundamental principle that all records of public agencies are presumptively open for inspection and copying, with certain exceptions explicitly defined by law.

Under Indiana Code § 5-14-3-1, the General Assembly has declared that "it is the public policy of the state that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees." This provision underscores the state's commitment to governmental transparency and public access to information.

Elkhart County has implemented policies to ensure compliance with state sunshine laws. The county has designated public access officers within each department responsible for responding to records requests in accordance with statutory timelines. These officers ensure that requests are processed within reasonable timeframes as required by Indiana Code § 5-14-3-9, which generally requires agencies to respond to requests within seven calendar days.

The county maintains an official public records policy that aligns with state requirements, detailing procedures for submitting requests, applicable fees, and the process for appealing denied requests. This policy reflects Elkhart County's commitment to transparency while balancing privacy concerns and statutory exemptions.

How to Find Public Records in Elkhart County in 2026

Members of the public seeking access to Elkhart County records may utilize several methods to locate and obtain the information they require. The county currently provides multiple pathways for records access:

Online Access: Many records are available through digital portals:
- Court records can be searched through MyCase, Indiana's online court records system
- Property records are accessible through the Elkhart County Recorder's online database
- Jail records can be viewed through the Indiana Jail Public Portal
- Meeting minutes and agendas are posted on the Elkhart County government website
In-Person Requests: Individuals may visit the appropriate county office during regular business hours to inspect records:
- Identify the department that maintains the desired records
- Visit during public counter hours (typically Monday-Friday, 8:00 AM to 4:30 PM)
- Complete any required request forms provided by the department
- Present identification if required for specific record types
Written Requests: Submit formal written requests to the appropriate department:
- Include specific details about the records sought
- Provide contact information for response
- Submit via mail, email, or fax to the relevant department
- Use the county's standard public records request form when available
Electronic Requests: Many departments accept requests via email or through online submission forms:
- Visit the Elkhart County government website
- Locate the specific department's contact information
- Submit requests through designated electronic channels
- Follow up if confirmation is not received within 3 business days

When making requests, individuals should provide specific information about the records sought, including relevant dates, names, case numbers, or property information to facilitate efficient processing. Pursuant to Indiana law, requestors are not required to state the purpose of their request for most public records.

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

Elkhart County assesses fees for public records in accordance with Indiana Code § 5-14-3-8, which authorizes agencies to charge reasonable fees for copying and, in some cases, searching for records. The current fee structure includes:

Standard Document Copies: $0.10 per page for black and white letter/legal size copies
Certified Copies: $1.00 per document plus copy fees
Large Format Documents (maps, plats, surveys): $5.00 per sheet
Electronic Records: $0.10 per page when printed from electronic records; no charge when provided via email if already in electronic format
Research/Search Fees: $20.00 per hour after the first two hours (which are provided at no charge) for requests requiring extensive research
Specialized Records:
- Birth/Death Certificates: $15.00 for first copy, $4.00 for each additional copy requested at the same time
- Marriage Licenses: $15.00 per copy
- Recorded Documents (deeds, mortgages): $1.00 per page
- Court Records: $1.00 per page for copies, additional fees for certified copies

Accepted payment methods include cash, check, money order, and credit/debit cards (in most offices). Some departments may assess a convenience fee for credit card payments.

Fee waivers may be available in limited circumstances where the request is determined to primarily benefit the general public and the requestor demonstrates financial hardship. Such determinations are made on a case-by-case basis by the custodian of records.

All fees are subject to periodic review and adjustment by the Elkhart County Commissioners in accordance with state law and actual costs of reproduction.

Does Elkhart County Have Free Public Records?

Elkhart County provides free access to certain public records in compliance with Indiana law. Under Indiana Code § 5-14-3-8(e), all persons are entitled to inspect public records at no charge during regular business hours of county offices. This right to free inspection applies to all non-confidential public records maintained by county departments.

The following records are currently available at no cost:

Online Court Records: Basic case information through the Indiana Courts Portal and MyCase systems
Property Ownership Information: Basic property details through the Elkhart County Assessor's online database
Meeting Minutes and Agendas: County Commission and board meetings posted on the county website
Election Results: Available through the Elkhart County Election Board website
County Budgets and Financial Reports: Published online as required by transparency laws
Public Notices: Legal advertisements and announcements published in official county publications

Additionally, certain records may be provided without charge when:

The request is from another government agency for official purposes
The request is for a small number of pages (typically fewer than 10 pages)
The information is required by law to be freely available to the public
The request is made by an indigent person in connection with a court proceeding

Members of the public seeking to minimize costs are encouraged to utilize online resources when available or to inspect records in person rather than requesting copies.

Who Can Request Public Records in Elkhart County?

Under Indiana's Access to Public Records Act, any person, regardless of citizenship or residency status, may request access to public records maintained by Elkhart County agencies. Indiana Code § 5-14-3-3(a) states that "any person may inspect and copy the public records of any public agency," establishing a broad right of access.

Key eligibility considerations include:

Residency Requirements: No Indiana residency is required to request most public records
Identification: While basic identification may be requested to process certain records (particularly those with restricted access), anonymous requests are permitted for general public records
Purpose Statement: For most records, requestors are not required to state the purpose of their request or intended use of the information

Special provisions apply to specific record types:

Personal Records: Individuals requesting their own records (such as employment files) must provide proper identification to verify identity
Vital Records: Birth, death, and marriage certificates have restricted access; requestors must demonstrate a direct relationship or legal interest
Voter Registration Records: Commercial use of voter data is restricted under Indiana Code § 3-7-26.4
Law Enforcement Records: Requests for investigative records may require additional information from the requestor

Non-residents have the same rights as Indiana residents to access Elkhart County public records, with no additional restrictions or fees imposed based on residency status.

Agencies may ask for contact information solely for the purpose of communicating about the request, but cannot deny access based on a refusal to provide such information except where specifically authorized by law.

What Records Are Confidential in Elkhart County?

Certain records maintained by Elkhart County are classified as confidential and exempt from public disclosure pursuant to Indiana Code § 5-14-3-4. These exemptions reflect legislative determinations balancing the public's right to information against privacy interests, security concerns, and other public policy considerations.

Records that are confidential under current law include:

Sealed Court Records: Cases sealed by judicial order, including certain juvenile proceedings, adoptions, and mental health commitments
Juvenile Records: Delinquency records and child welfare proceedings, with limited exceptions for serious offenses as specified in Indiana Code § 31-39-2
Law Enforcement Investigatory Records: Active investigation materials that would interfere with enforcement proceedings if released
Personal Information: Social Security numbers, driver's license numbers, and financial account information contained in public records
Medical Records: Health information protected under HIPAA and state medical privacy laws
Adoption Records: Adoption files and related documents, which remain sealed unless opened through court order
Child Welfare Records: Department of Child Services case files and reports of child abuse or neglect
Personnel Records: Employee medical records, performance evaluations, and disciplinary actions (with exceptions for basic employment information)
Trade Secrets: Proprietary business information submitted to county agencies
Security Information: Records containing infrastructure details, security procedures, or emergency response plans
Attorney-Client Communications: Legal advice and work product prepared for county agencies
Educational Records: Student records protected under FERPA
Library Records: Information about materials borrowed or accessed by specific patrons

Indiana law employs a balancing test for certain discretionary exemptions, weighing the public interest in disclosure against potential harm. The Indiana Public Access Counselor provides guidance on the application of these exemptions.

Agencies bear the burden of proving that a record falls within a statutory exemption when denying access. Requestors may appeal denied requests through administrative and judicial channels.

Elkhart County Recorder's Office: Contact Information and Hours

Elkhart County Recorder's Office
117 N. Second Street, Room 210
Goshen, IN 46526
(574) 535-6756
Elkhart County Recorder

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

Services Provided:

Recording of deeds, mortgages, liens, and other property documents
Maintaining official property records
Providing certified copies of recorded documents
Processing military discharge records (DD-214 forms)
Maintaining and providing access to property records dating back to the county's formation

The Recorder's Office maintains a public access terminal for searching records on-site at no charge during regular business hours. Staff members are available to assist with locating records but cannot provide legal advice regarding property matters.

Lookup Public Records in Elkhart County

Indiana Judicial Branch: Elkhart County

Indiana Judicial Branch: Searching MyCase

INjail Public Access

Indiana Judicial Branch: Public Records

Access to Public Records Act - indy.gov

Indiana Judicial Branch: Public Record Request

Indiana Courts Portal