Franklin County Court Records Search
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Franklin County, Illinois is home to a single Circuit Court that handles the full breadth of 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. The Resident Circuit Judge is Jim Giacone, who 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 are responsible for filing, maintaining, and providing public access to all court records generated by these proceedings.
For those beginning a records search, IllinoisCourts.us offers a useful starting point for locating court case information in Illinois. Court records can also be searched through the clerk’s office directly, accessed via public terminals at the courthouse, or retrieved through the state’s online case lookup systems depending on the record type. The sections below explain how each category of record is obtained and what rules govern public access.
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 have on hand.
Online Case Search
The Franklin County Circuit Clerk’s Office participates in Judici.com, a statewide system that provides public access to court docket information for many Illinois counties, including Franklin. Judici allows users to search by case number or party name and is accessible at no cost for basic docket lookups.
Additionally, the Illinois Courts Statewide Case Search — available through the circuit clerk’s online portal — allows remote access to civil and other non-sealed case records.
In-Person Access
The Circuit Clerk’s Office provides a public access computer terminal inside the courthouse for searching any non-secured case. For certified copies, written requests, or cases not appearing 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 parties, approximate filing year, and case type to help staff locate the record. Copy fees and search fees apply (detailed in the relevant sections below). Payments for mailed requests should be sent in the form of a 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 records. The Illinois Freedom of Information Act (FOIA), 5 ILCS 140, further reinforces this openness while carving out specific exemptions that allow courts to restrict access to sensitive information.
Records that are 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.
When in doubt about whether a specific record is publicly accessible, contact the Circuit Clerk’s Office at (618) 435-9800 before visiting in person.
Franklin County Criminal Court Records
The Franklin County Circuit Court handles felony and misdemeanor criminal cases. Case dockets are searchable through Judici.com for cases where the court has enabled online access, and in-person access is available at the public terminal in the clerk’s office for 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. Records requests must be submitted in writing to:
Franklin County Sheriff’s Office
Address: 403 E. Main Street, Benton, IL 62812
Phone: (618) 438-4841
State Criminal History — CHIRP
For statewide criminal history background checks, the Illinois State Police operates the Criminal History Information Response Process (CHIRP), an online portal through which users can request name-based criminal history record information. Users must create an account to submit requests. 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: $2.00 for the first page, $0.50 for pages 2–20, and $0.25 for each page thereafter. Certified copies require an additional $6.00 certification fee after the first copy (first certified copy is $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’s office handles filing, scheduling, and record access for all civil cases heard in the county.
Online Access
The Illinois Courts Statewide Case Search portal allows users to search civil court case information remotely. 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, and 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 related land records are maintained by the Franklin County Clerk and Recorder’s Office, accessible via the Franklin County Clerk/Recorder page. Digitally indexed records from 1990 to 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 — 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.). Requesters need to provide the names of the parties and the approximate filing year. Certified copies require payment of 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. Requests can be made 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 themselves 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 and expires in 60 days; the marriage ceremony must occur within the county where the license was issued.
Birth and Death Certificates
Birth certificates are filed locally with the Franklin County Clerk’s Office for births that occurred in the county. 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. Requests can be submitted 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. The IDPH fee for a long-form birth certificate is $15.00; short-form is $10.00; additional copies are $2.00 each. Death certificate certified copies from IDPH cost $19.00, with additional certified copies at $4.00 each.
Franklin County Probate Court Records
The Franklin County Circuit Court handles 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 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 obtain probate court records, requesters may visit the Circuit Clerk’s Office during regular business hours. Staff can assist with locating 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 are subject to the same copy fees that apply to 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 requiring Zoom participation, the Franklin County Zoom Court Instructions document is available on the county website and explains how parties and non-parties may attend remote proceedings. Probate and other civil hearings are increasingly conducted via Zoom on scheduled court days, and the docket for active cases is posted on the Circuit Clerk’s webpage for advance reference.