Franklin County, Illinois Court Records
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Franklin County has a single Circuit Court that handles all civil, criminal, family, probate, and traffic cases for the county. The court operates under the Illinois Second Judicial Circuit, which covers several counties in southern Illinois. Resident Circuit Judge Jim Giacone sits at the Franklin County Courthouse in Benton alongside Circuit Judge Eric J. Dirnbeck and Associate Judge Evan Owens. Circuit Clerk Jim Muir and his nine-person staff handle filing, maintaining, and providing public access to all court records.
If you're starting a records search, IllinoisCourts.us is a useful place to begin locating court case information in Illinois. You can also search records through the clerk's office directly, use a public terminal at the courthouse, or retrieve records through the state's online case lookup systems—depending on the record type. The sections below walk through how to obtain each category of record and what rules apply.
How to Look Up a Court Case in Franklin County?
Franklin County court records can be searched and requested through several channels, depending on the type of case and how much information you already have.
Online Case Search
The Franklin County Circuit Clerk's Office participates in Judici.com, a statewide system that gives the public access to court docket information for many Illinois counties, including Franklin. You can search by case number or party name, and basic docket lookups are free.
The Illinois Courts Statewide Case Search, available through the circuit clerk's online portal, also allows remote access to civil and other non-sealed case records.
In-Person Access
The Circuit Clerk's Office has a public access computer terminal inside the courthouse where you can search any non-secured case. For certified copies, written requests, or cases that don't appear in online systems, visit or contact:
Franklin County Circuit Clerk's Office
Address: Franklin County Courthouse, 100 Public Square, Benton, Illinois 62812
Mailing: P.O. Box 485, Benton, IL 62812
Phone: (618) 435-9800 (Option 1 for Courthouse; then Option 1 for Circuit Clerk)
Alt. Phone: (618) 525-4744
Fax: (618) 439-4119
Email: circuitclerk@franklincountyil.gov
Hours: Monday–Friday, 8:00 a.m. – 4:00 p.m. (closed all federal, state, and county holidays)
Mail Requests
Written requests can be mailed to the P.O. Box above. Include the full names of all parties, the approximate filing year, and the case type to help staff locate the record. Copy and search fees apply, and payment should be sent by check or money order.
The Franklin County Circuit Clerk's fee schedule lists current charges for all case types and copy requests.
Are Court Records Public in Franklin County?
Illinois law establishes a strong presumption in favor of public access to court records. Under 705 Ill. Comp. Stat. 105/16, all records filed with the Circuit Court Clerk are presumed to be public. The Illinois Freedom of Information Act (FOIA), 5 ILCS 140, reinforces that openness while carving out specific exemptions for sensitive information.
Records that are generally open to the public include most civil case filings, criminal court dockets, judgments, motions, and court orders in non-sealed cases.
Records restricted from public disclosure include:
- Sealed records — Documents sealed by court order, such as adoption records. Access requires a court order.
- Expunged records — Criminal records expunged under Section 5.2(E) of the Criminal Identification Act (20 ILCS 2630) are not available to the general public.
- Impounded records — Records restricted to the parties involved, such as juvenile records for individuals who have completed their parole and rehabilitation requirements.
- Confidential records — Documents containing sensitive information accessible only to the filers or subjects, including certain financial disclosures in divorce proceedings.
If you're not sure whether a specific record is publicly accessible, call the Circuit Clerk's Office at (618) 435-9800 before making the trip in person.
Franklin County Criminal Court Records
The Franklin County Circuit Court handles both felony and misdemeanor criminal cases. Case dockets are searchable through Judici.com for cases where the court has enabled online access, and the public terminal in the clerk's office gives in-person access to all non-sealed criminal dockets.
Sheriff's Office Records
Arrest records, incident reports, and local criminal history information are maintained separately by the Franklin County Sheriff's Office. Written requests can be submitted to:
Franklin County Sheriff's Office
Address: 403 E. Main Street, Benton, IL 62812
Phone: (618) 438-4841
State Criminal History CHIRP
For a statewide criminal history background check, the Illinois State Police runs the Criminal History Information Response Process (CHIRP)—an online portal for name-based criminal history record requests. You'll need to create an account to submit a request. CHIRP is the primary tool for obtaining official, state-level criminal history records in Illinois and covers convictions reported by law enforcement agencies across the state.
Criminal Filing Fees at the Circuit Court
| Case Type | Plaintiff/Petitioner Fee | Defendant Fee |
|---|---|---|
| Small Claims ($0–$2,500) | $109.00 | $129.00 |
| Small Claims ($2,500–$10,000) | $276.00 | $201.00 |
| Law (over $50,000) | $326.00 | $201.00 |
Copy fees from the Circuit Clerk's Office are $2.00 for the first page, $0.50 for pages 2–20, and $0.25 for each page after that. Certified copies require an additional $6.00 certification fee after the first copy (the first certified copy costs $10.00).
Franklin County Civil Court Records
Civil matters in Franklin County—including contract disputes, property cases, personal injury lawsuits, small claims, evictions, chancery actions, and tax deed proceedings—are filed with and maintained by the Franklin County Circuit Clerk's Office. The clerk handles filing, scheduling, and record access for all civil cases heard in the county.
Online Access
The Illinois Courts Statewide Case Search portal allows remote searches of civil court case information. The Judici platform also supports Franklin County case lookups.
Civil Case Filing Fees
| Case Type | Plaintiff Fee | Defendant Fee |
|---|---|---|
| Chancery | $326.00 | $201.00 |
| Divorce (no children) | $326.00 | $201.00 |
| Divorce (with children) | $326.00 | $201.00 |
| Law ($10,001–$15,000) | $276.00 | $201.00 |
| Law ($15,001–$50,000) | $326.00 | $201.00 |
| Law (over $50,000) | $326.00 | $201.00 |
| Eviction (possession only) | $109.00 | $129.00 |
| Eviction (possession + damages) | $276.00 | $201.00 |
| Small Claims ($0–$2,500) | $109.00 | $129.00 |
| Small Claims ($2,500–$10,000) | $276.00 | $201.00 |
Other civil fees include: Search fee $6.00 per year searched; Alias Summons $5.00; Petition to Reinstate/Modify (within 30 days) $50.00; Petition to Reinstate/Modify (after 30 days) $75.00; Transfer/Vacate Judgment $40.00.
A 12-person jury demand in a Law/Misdemeanor case costs $212.50; a 6-person jury demand costs $106.25.
Small Claims
Small claims cases in Illinois cover disputes up to $10,000. Forms and guidance are available through the Illinois Courts approved small claims complaint page. The filing fee for claims up to $2,500 is $109.00; claims between $2,500 and $10,000 carry a $276.00 fee. Counterclaims in small claims cases under $2,500 have no additional fee; counterclaims in the higher tier cost $75.00.
Property Records
Deeds, mortgages, liens, plats, and other land records are maintained by the Franklin County Clerk and Recorder's Office, accessible through the Franklin County Clerk/Recorder page. Digitally indexed records from 1990 to the present are viewable at a public terminal in the recorder's office. Remote access is available through the county's Online Records Selection portal, which also provides access to marriage and death records. Document copy fees are $1.00 per page; faxed copies are $2.00; certified copies are $1.00 per page.
Franklin County Clerk and Recorder
Address: 901 Public Square, Benton, IL 62812 (P.O. Box 607, Benton, IL 62812)
Phone: (618) 435-9800 | (618) 438-3221
Fax: (618) 435-3405
Email: countyclerk@franklincountyil.gov
Franklin County Family Court Records
Family law matters in Franklin County—including divorce, child custody, support, paternity, adoption, orders of protection, and eminent domain—are filed with the Franklin County Circuit Clerk's Office and heard in the Circuit Court. All family case records are accessible through the clerk's office subject to the same public access rules described above. Sealed adoption records and certain juvenile filings are not available to the public.
Divorce Records
Divorce records are kept by the Circuit Clerk's Office and can be inspected or copied in person during regular business hours (Monday–Friday, 8:00 a.m. – 4:00 p.m.). Bring the names of the parties and the approximate filing year to help staff locate the file. Certified copies require payment of the applicable copy and certification fees. The filing fee for a divorce petition is $326.00 (whether or not children are involved), with a $201.00 response fee for the answering party.
Marriage Records
Certified copies of marriage licenses are available from the Franklin County Clerk's Office for $21.00, with each additional copy of the same license costing $9.00. You can request them in person or by mail using the Application for Search of Marriage Record Files. Include a valid photo ID and payment with any mailed request.
Marriage licenses are issued by the County Clerk's Office by appointment only, Monday through Friday at 9:00 a.m., 9:30 a.m., 10:00 a.m., or 10:30 a.m. The application fee is $50.00, payable by cash or check only. Both parties must appear in person with valid photo identification. The license becomes effective the day after issuance, expires in 60 days, and the ceremony must take place within the county where the license was issued.
Birth and Death Certificates
Birth certificates for births that occurred in Franklin County are filed locally with the Franklin County Clerk's Office. Requests must be submitted by the registrant (age 18 or older), their parent or legal guardian, or a person acting under court order. The fee is $25.00 for a search and one certified copy, plus $7.00 for each additional copy ordered at the same time.
Death certificates cost $27.00 for a search and one certified copy, with additional copies of the same record at $13.00 each. You can submit requests in person or by mail using the Application for Death Certificate Copy. Access is limited to individuals with a genealogical, personal, or property interest in the record, state and federal agencies, or those acting under a court order.
Both record types are also available from the Illinois Department of Public Health, Division of Vital Records (925 E. Ridgely Ave., Springfield, IL 62702-2737), which maintains statewide birth and death records. IDPH charges $15.00 for a long-form birth certificate, $10.00 for a short-form, and $2.00 for each additional copy. Certified death certificates from IDPH cost $19.00, with additional certified copies at $4.00 each.
Franklin County Probate Court Records
The Franklin County Circuit Court handles all probate matters, including the administration of decedents' estates, will contests, guardianship appointments, conservatorships, and trust disputes. The Circuit Clerk files and maintains all probate records. Cases are searchable through Judici.com for publicly accessible dockets, and in-person research is available at the courthouse.
Probate Filing Fees
| Filing Type | Petitioner Fee | Respondent Fee |
|---|---|---|
| Probate Testate or Intestate | $376.00 | $201.00 |
| Guardianship | $276.00 | $201.00 |
| Estate Claim (less than $150.00) | $15.00 | |
| Estate Claim ($150.01–$500.00) | $25.00 | |
| Estate Claim ($500.01–$10,000) | $40.00 | |
| Estate Claim (over $10,000) | $60.00 | |
| Letters Issued | $2.00 | |
| Jury Demand | $137.50 | |
| Exemplification | $2.00 + $5.00 certification |
To access probate court records, visit the Circuit Clerk's Office during regular business hours. Staff can help you locate case files using party names and approximate filing years. Supplemental proceedings carry an additional $50.00 fee for re-opening after 30 days. Certified copies of probate documents follow the same copy fee structure as other case types: $2.00 for the first page, $0.50 for pages 2 through 20, and $0.25 for each additional page.
For matters conducted via Zoom, the Franklin County Zoom Court Instructions document on the county website explains how parties and non-parties can attend remote proceedings. Probate and other civil hearings are increasingly held via Zoom on scheduled court days, and the docket for active cases is posted on the Circuit Clerk's webpage for advance reference.