>
Department of Law FAQ

The City of Elkhart Legal Department's FAQ page is designed to help residents better understand public records requests, legal resources, and commonly requested information. Below you will find answers to frequently asked questions regarding Indiana’s Access to Public Records Act (APRA), background checks, public records procedures, and resources maintained by other local and state agencies.

Public Records Requests (APRA)
How do I request public records?

The City of Elkhart accepts public records requests under Indiana’s Access to Public Records Act (APRA). Requests may be submitted online, in person, by phone, or in writing. Please provide as much detail as possible, including names, dates, departments, or keywords related to the records you are requesting.

To submit an online request, please visit:
City of Elkhart Public Records Request Form

What is APRA?

The Access to Public Records Act (APRA) is Indiana’s public records law that allows the public to inspect and copy certain government records maintained by public agencies, including the City of Elkhart.

Do I need to submit my request in writing

Requests must describe records with “reasonable particularity,” meaning they should be specific enough for staff to identify and locate the records being requested. For email requests, it is helpful to include names, date ranges, subjects, or keywords whenever possible. Broad requests such as “all documents” or “any and all emails” may require clarification before processing.

How long does a public records request take?

Under Indiana law, agencies must acknowledge requests within:

  • 24 hours for requests made in person or by phone
  • 7 calendar days for requests submitted by mail or email

Please note that acknowledgment of a request is not the same as producing records immediately. The amount of time needed to fulfill a request depends on the size and complexity of the request.

Is there a fee for public records?

The City generally cannot charge for searching or inspecting records. However, copy fees may apply for printed documents, such as standard per-page copy costs.

What records are confidential?

Certain records may be exempt from disclosure under Indiana law. Examples may include:

  • Medical records
  • Social Security numbers
  • Trade secrets
  • Certain law enforcement investigation records

Requests are reviewed in accordance with Indiana Code 5-14-3.

Can the City answer questions through APRA requests?

No. APRA applies to existing public records only. Public agencies are not required to answer questions, conduct research, or create new documents in response to a request.

What happens if my request is denied?

If a written records request is denied, the agency must provide the legal reason for the denial under Indiana law. You may also contact the Indiana Public Access Counselor for guidance or to file a complaint.

Indiana Public Access Counselor

Background Checks
How do I request a background check?

If you are requesting a background check for employment or rental purposes, please include the individual’s Date of Birth, Social Security Number, and Driver License Number if available. Providing complete information helps ensure accurate record searches.

What information is needed for a background check?

Background check requests should include:

  • Full Name
  • Date of Birth
  • Social Security Number
  • Driver License Number (if available)

This information helps staff accurately identify records.

What do I need to provide for an employment or rental background check?

For employment or rental background checks, please provide identifying information such as the person’s Date of Birth, Social Security Number, and Driver License Number if available.

County vs. City Records
Where do I get a birth certificate or death certificate?

The City of Elkhart does not maintain birth or death certificates. These records are maintained by the Elkhart County Health Department.

Where do I get a marriage license or divorce decree?

The City of Elkhart does not maintain marriage licenses or divorce records. These records are handled by the Elkhart County Clerk’s Office.

Where do I get property ownership records?

Property ownership records are maintained by the Elkhart County Recorder’s Office, not the City of Elkhart.

Does the City maintain property ownership records?

No. Property ownership records are maintained by the Elkhart County Recorder’s Office.

Who handles birth and death certificates?

Birth and death certificates are handled by the Elkhart County Health Department, not the City of Elkhart.

 

Legal Resources & Assistance
Who is the Indiana Public Access Counselor?

The Indiana Public Access Counselor provides guidance regarding Indiana public access laws, including public records and open meetings laws.

Additional information can be found here:
Indiana Public Access Counselor

Where can I file an APRA complaint?

If you believe a public records request was improperly denied, you may file a complaint with the Indiana Public Access Counselor.

File a Complaint with the Indiana Public Access Counselor

What is Access Indiana?

Access Indiana is the State of Indiana’s secure online portal that helps residents access various state services and government resources.

Access Indiana Portal

Where can I find Indiana government forms?

The Indiana Archives and Records Administration (IARA) maintains a catalog of state government forms and records resources.

Indiana Archives and Records Administration (IARA) Forms Catalog

Contact Us

City of Elkhart
229 South Second Street
Elkhart Indiana, 46516
Phone: 574-294-5471


Hours of Operation

Monday - Friday

8 AM - 5 PM EST