What Is The Public Records Act, And How Do I Use It?

A public record is any state or local record that relates to the conduct of government or the performance of a governmental function, and is prepared, owned, used, or retained by any state or local government agency. Public records can come in a variety of forms, such as written documents, recordings, pictures, electronic disks, emails and texts, and social media posts.

The Public Records Act (PRA) requires that all records maintained by state and local agencies be made available to all members of the public, with very narrow statutory exemptions.

People have used public records for a variety of reasons, including accessing:

• Birth and/or death certificates
• Marriage and/or divorce records
• Census information
• Property records
• Civil and criminal records
• Police Reports and dashcam videos
• Immigration documents
• Business and professional licensing and/or disclosure statements
• Government spending and/or records
• Voter registration information

  
You are entitled access to public records (as well as copies of records) under reasonable conditions, and requests should be as specific as possible. Although accessing a public record is FREE, an agency may charge a fee to reproduce the record you've requested. You can submit a request for public records in person, over the phone, and by mail, email, or fax.

Agencies are required to respond to public records requests promptly. Within 5 business days of receiving the request, agencies must either provide the record, acknowledge the request (and offer a reasonable estimate of how long it will take to provide the record), or deny the request in writing. If an agency denies your request, you may ask the agency to conduct an internal review of the reasoning within two business days of receiving the written denial.

• If a state or local agency who denied your request you may also file a lawsuit in Superior Court in the county where the agency record is located to require the agency to release the record. If you are successful in reversing the agency denial, the court will require the agency to pay costs and reasonable attorney fees incurred in the court action, and may award you an amount between $5 and $100 a day for each day that access to the records was denied.
• If it is a state agency (not a local agency) you may seek review by the Attorney General’s Office. The specific timeframe will vary depending upon the complexity of the issues involved, the need to obtain information from the request or or the agency, and the volume of requests received.

An agency may notify individuals pertaining to the public record being requested. The agency or individuals can then ask a court to prevent an inspection of the record, which places the record on hold pending the court’s decision. An agency may also request information necessary to establish if disclosure would violate certain provisions of law. If so, the public record would be determined exempt.
 
Exempt Records
Most records maintained by the state and local agencies are available to the public unless a law specifically exempts them. Reasons why a record may be exempt can vary, but usually factors down to the protection of three entities:
1) the privacy rights or other individuals,
2) the investigative functions of law enforcement and other agencies with investigative responsibilities, and
3) the legitimate business interests of other citizens.
 
However, just because part of a record is exempt does not mean the entire record can be withheld. In this situation, the agency is obligated to black out or remove the information which it believes to be exempt and disclose the non-exempt portions. Furthermore, if you are denied access to a public record, the agency must identify the specific exemption or law which it believes justifies the denial as well as explain how that exemption or law applies to your request.
 
It is also important to note that agencies can only provide access to existing records. They are not required to collect information or organize data to create a new record. Therefore, the more precise you are about the record you want, the more responsive an agency can be.
 
If you would like more information regarding your rights under this law, please contact Darryl Parker of the Civil Rights Justice Center or visit our website.