Public Records

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A quick reference guide to accessing public records in all 50 states.

Introduction

As the motorcycle rights movement across the country attempts to recapture their rights base by passing motorcycle profiling bills, fusion center, equal access bills and other legislation aimed at protecting the motorcycle culture a critical element in their successes has been establishing a pattern of evidence. Being able to provide legislators with more than just anecdotal stories about motorcycle profiling and providing tangible evidence has proven far more impactful. One of the most effective tools in obtaining evidence of motorcycle profiling has been the use of public records requests to obtain law enforcement records which evidence motorcycle profiling by law enforcement. In fact, it can be said that their evidence is our evidence.

While there are a myriad of records that can be obtained via a public records request including emails, internet search histories, department cell phone records, training records, etc. we will focus on the ones most commonly associated with the average motorcycle profiling stop. Those records include:

  • Police Report
  • CAD Report
  • Dash Cam Video / Photos
  • Radio Traffic

Police reports can be excellent pieces of motorcycle profiling evidence since they are written in the officers own words. Additionally, most reports will indicate who the report was disseminated to. If we look at the following police report obtained via public disclosure we can see that in his own words the officer admits to profiling the group, following the group of motorcyclists and gathering intelligence because the motorcyclists were wearing colors, and based on his experience he knows the group to have been involved in criminal activity in the past. He makes no mention of the group actively committing any crimes or traffic infractions. Additionally,we learn that the report was disseminated to the FBI Gang Unit.

CAD Reports can be another useful piece of evidence of motorcycle profiling. CAD stands for Computer Aided Dispatch and is the communication record between dispatch and the officer’s mobile computer. CAD reports identify the date and time of a call, the officers involved and all communications back and forth between the officer and dispatch such and driver’s status and warrants checks, etc.

Dash Cam video can be incredibly persuasive evidence. In fact, in Washington State a motorcyclist was awarded a $90,000 stipulated judgment against the state patrol after being arrested and the arresting State Trooper was caught on his dash camera telling the motorcyclists he would arrest him for “Ahhh yeah, I’ll think of something.”

Radio Traffic can be an important piece of evidence as it records all radio communications that take place between any involved law enforcement officers and dispatch during an incident. When requesting radio traffic it is important to request all radio traffic 15 minutes prior to the incident until 15 minutes after the incident. You never know what you will hear on the radio traffic. In one recording obtained via public disclosure you actually hear the officer tell dispatch that he was too scared to ask the bikers he had stopped for their identification.

 

How To Obtain The Records

There are two ways to obtain law enforcement records. For federal agencies such as the ATF or FBI, you will want to us a Freedom of Information Act request. The Freedom of Information Act (FOIA) is a law that keeps citizens in the know about their government. The Freedom of Information Act (FOIA) provides that any person has a right, enforceable in court, to obtain access to federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions or by one of three special law enforcement record exclusions. A FOIA request can be made for any agency record. Before sending a request to a federal agency, you should determine which agency is likely to have the records you are seeking.

For state or local agency records you will want to use a public records request. Each state has their own public records laws which govern the release of public records, similar to the FOIA. A simple internet search will allow you to obtain specifics of your states public records laws and request process.

In most cases you will simply write a letter requesting the specific records you seek. Some states allow you to request the records via phone and many state agencies have web pages where you can make a public records request online. Many of these laws are similar to FOIA, but the similarities notwithstanding, you must be alert to recognize where there are important differences. These distinctions may arise in regard to the breadth of coverage of a disclosure exemption or in the implementation of response deadlines.

ALWAYS review the specific law and regulation you are working with before you proceed. Be aware that merely because your failure to comply with a particular requirement is not raised immediately at the administrative level does not ensure that the problem will not come back to haunt you should you seek judicial review.

Sample Public Records Request

Lakewood Police Department
1235 F.T.C Street
Lakewood, WA 98309

Records Request

Dear Records Request Officer:

On 2/27/10 at approximately 2:20pm, Unit #315 of the Lakewood Police Department was observed following and photographing a group of motorcyclists in the city of Lakewood.

Pursuant to RCW 42.17.250, the state open records act, I request access to and copies of:

– Any and all audio recordings, CAD Reports and or transcripts of any and all communications taking place between officers/agents involved.

-Any and all video recordings and or photographs obtained during the course of the above referenced investigation.

-Any and all officer reports, hand written notes, logs and voice recordings obtained during the course of the above referenced investigation.

-Detailed records showing any and all inquiries made to NCIC, WSIN, WSIS, Department of Licensing and Department of Corrections as part of the investigation referenced above, etc.

-Detailed report disclosing the final disposition of the information collected and the reason for the investigation.

I agree to pay reasonable duplication fees for the processing of this request.

If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act.

Thank you for your assistance.

Sincerely,

State Specific Records Laws

Click or tap on the state listed below

The Alabama Public Records Law under Al. Code §36-25A-1 et seq. grants citizens the right to inspect and copy public writings. Pursuant to the statute, every citizen has a right to inspect and take a copy of any public writing of the state, except as otherwise expressly provided by statute.

Public Records Law Al. Code §36-25A-1 et seq.
Exempt: Banking, juvenile court, hospital and probation reports; identity of Medicaid recipients; reports of suspected disease cases; tax and financial statements.

The Alaska Public Records Act states that most records in the possession of municipal (and state) government are subject to disclosure and this applies to municipalities. Citizens should presume that all records are public and subject to inspection by any member of the public. The only reason a record may be withheld from public disclosure is if a legal exception can be identified that authorizes withholding access.

Section AS 40.25.220(3) in the Alaska Public Records Act defines “public records” to mean “books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics, that are developed or received by a public agency, or by a private contractor for a public agency, and that are preserved for their informational value or as evidence of the organization or operation of the public agency; ‘public records’ does not include proprietary software programs.”

Alaska Public Records Act A.S. §09.25.110 et seq.
Exempt: Juvenile, adoption, medical and public health; library lending; names of victims of certain types of sexual assault; and some law enforcement records.

The Arizona Public Records Law has been in existence for more than 100 years and mandates that all public records be open to inspection by any person at all times during office hours. Public records include books, papers, maps, photographs or other documentary materials. Lake v. City of Phoenix recently established that digital meta- data, attached to files stored in any electronic form are considered part of that document and are thus subject to open records requests.

The Arizona Public Records Law does have some exceptions which include: student records, research records, donor information, or if the release of a record would constitute an invasion of personal privacy and that invasion outweighs the public’s right to know, of if the disclosure of a record is detrimental to the best interests of the state. Arizona law also requires individuals who are making a FOIA request for commercial purposes to state those purposes.

Public Records Law §39-121 et seq.
Exempt: Adoption records; disciplinary records of some professional groups; some medical records; some corrections department records; bank records; and trade secrets.

The Arkansas Freedom of Information Act was established in 1967. It is a series of laws designed to guarantee that the public has access to public records of governmental bodies. Arkansas defines public records as “writings, recorded sounds, films, tapes, electronic or computer-based information, or data compilations in any medium required by law to be kept.” Originally, any citizen of the state of Arkansas could request records during normal business hours with the exception of individuals on trial and convicted felons who request information concerning the Department of Corrections. However, the restriction to only citizens of Arkansas has been lifted by recent federal court rulings.

Some exemptions to the Arkansas Freedom of Information Act are state tax records, medical/adoption/education records, archaeological and historical information, grand jury minutes, unpublished drafts of judicial opinions, undisclosed police investigations, information that would create unfair competition, identities of undercover law enforcement, computer security information, home addresses of non-elected employees, license examinations, military service discharge information, or records relevant to the security of public infrastructure.

Freedom of Information Act Ark. Code Ann. §25-19-101 et seq. including §25-19-106.
 Exempt: Income tax records; medical, scholastic and adoption records; historical and archeological files; on-going law enforcement investigations; working papers, competitive advantage, and personnel records; and identities of undercover law enforcement officers.

The California Public Records Act is a series of laws meant to guarantee that the public has access to public records of governmental bodies in California. In December of 2011, a Superior Court judge ruled that the California Assembly must also disclose budget records of individual lawmakers, after some California newspapers filed a lawsuit accusing legislators of flouting the state’s open records laws.

Public records in the California Public Records Act are defined as “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” There is a separate category of “purely personal information” that, although it may be in the custody of a government agency, does not fall under the act. Statute 6255 states a catch all exemption, “The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.”

Anyone can request public documents in California, and a purpose does not have to be stated. The California Public Records Act does not regulate the use of records obtained from public agencies. One should allow 10 days for an agency to comply with a records request.

Public Records Act

Calif. Public Records Act: Gov’t Code §6250-6268
Exempt: Law enforcement investigations: litigation; and proprietary business data and personal privacy.

Until the Colorado Open Records Act was formalized in 1969, the ability of a citizen to gain access to public records was at the discretion of the custodian of the records. Public records include all writings that are made, maintained, kept or held by entities that are subject to the Colorado Open Records Act for use in the exercise of functions required or authorized by law or administrative rule or involving the receipt or expenditure of public funds. Keep in mind, this could mean that a record that is in the custody of an agency subject to theColorado Open Records Act would not itself, be subject to the Colorado Open Records Act if it was not made, maintained or kept for a governmental function or for an official reason.

There are several clear exemptions in the Colorado Open Records Act. The first statute exempts correspondence that is work product and all correspondence with constituents that clearly implies by its nature or content that the constituent expects that it is confidential.

Any person can request records and they are not required to state a purpose nor is the custodian of the records allowed to ask said person to provide a reason. Criminal justice record cannot be used for solicitation of business for monetary gain, but that is the only restriction on obtaining public records. Colorado Law stipulates a three day deadline for a response.

Open Records Act C.R.S. 24-72-201 et seq.

Exempt: At discretion of custodian: Records of investigations; test questions; details of research projects being conducted by the state; real estate appraisals; and motor vehicle license photographs. Custodian must Exempt: Medical data; personnel files; letters of reference; trade secrets; library records; addresses of public school children; and sexual harassment complaints under investigation.

The Connecticut Freedom of Information Act, enacted in 1975, is a series of laws that guarantee the public access to public records of governmental bodies in Connecticut. Public records include any recorded data or information relating to the conduct of the public’s business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract. This data or information can be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

Exemptions to the Connecticut Freedom of Information Act include:Preliminary drafts or notes whose disclosure does not outweigh the public benefit of withholding them

  • Personnel or medical files and similar files the disclosure of which would constitute an invasion of personal privacy”
  • Records of law enforcement agencies which are still currently in pre-trial or trial phase or which would place victims or culprits in danger.
  • Strategy or negotiation concerning pending litigation.
  • Trade Secrets
  • Financial information, freely given and not required by statute
  • Licensing tests and statements of personal worth.
  • Collective bargaining records and reports.
  • Personal information including names and addresses of students enrolled in anyschool
  • Adoption records
  • Petitions
  • Records of complaints
  • Any information that would jeopardize security at correctional facilities,infrastructure, telecommunications or the security of any individuals
  • Home addresses of anyone within the Address Confidentiality ProgramAnyone may request public records and a purpose does not need to be stated. There are no restrictions on the use of the records and the allotted response time for Connecticut open requests is four days.

Freedom of Information Act Conn. Gen. Stat. § 1-200 et seq.
Exempt: Fifteen total exemptions including: Personnel, medical and some law enforcement files; juvenile; some witness and victim identification records; pending litigation files; and real estate documents.

The District of Columbia Freedom of Information Act of 1976 is a series of laws designed to guarantee that the public has access to the public records of governmental bodies in Washington, D.C. Everyone is 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. Anyone can request public documents in Washington, D.C.

The Delaware Freedom of Information Act, first established in 1977, is a series of laws guaranteeing that the public has access to the public records of governmental bodies. Public records are defined as information of any kind, owned, made, used, retained, received, produced, composed, drafted or otherwise compiled or collected by any public body, relating in any way to public business, or in any way of public interest or in any way related to public purposes.

Exemptions to open records laws include:

  • “Any personnel, medical or pupil file, the disclosure of which would constitute an invasion of personal privacy”
  • Trade secrets
  • Current police investigations, adoption information, and child custody information
  • Any criminal records deemed personal and private
  • Criminal intelligence information that would pose a security risk
  • “Any records specifically exempted from public disclosure by statute or commonlaw”
  • Anonymous charitable contributions to the public
  • Labor negotiations records
  • The minutes of executive meetings where the the meeting has been closed by avote of the public body because the subject of the meeting was either hiring discussions, disciplinary hearings, litigation strategy, criminal investigations or preliminary discussions of publicly funded projects.
  • Records of registered concealed weapons permits
  • Public Library records
  • Department of Correction records when sought by an inmate in that department
  • Autopsy photos and videos
  • The emails of the Delaware General Assembly and their staff
  • Any records that could result in a security risk to either individuals or infrastructure
  • Military service discharge documents

Any citizen of Delaware may request public documents and the purpose of the records request is not required. The Delaware Freedom of Information Act does not place limits on the use of public records and there is a 15 day response time allotted.
Freedom of Information Act 29 Del. C. §10001 et seq.
Exempt: Personnel, medical, and student files; trade, investigative and intelligence documents; charitable donations; collective bargaining; and pending lawsuits.

The Florida Sunshine Law, established in 1995, is a series of laws designed to guarantee that the public has access to the public records of government bodies in Florida. Public records include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of physical form or characteristics, or means of transmission, made or received pursuant to law to ordinance or in connection with the transaction of official business by any agency. Some exemptions that are included are federal records that the federal government has designated as non-public, personal e-mails sent from or received by city employees using a government computer, some “drafts” or “notes” are also exempt.

According to the Florida Sunshine Law, any person in Florida can request public documents and a purpose does not have to be stated. Records can be used any way the person want and the law does not specify a specific response time.

Sunshine Law Fla. Stat. sec. 119.01 et. seq.
Exempt: More than 600 exemptions, check listed code citation.

The Georgia Open Records Act is a series of laws guaranteeing the public access to public records of government bodies. Public records are those documents generated by individuals or groups in public office in the course of public service. Government agencies that are included in the act are:

  • Every state department, agency, board, bureau, commission and authority.
  • Every county, municipal corporation, school district, or other political subdivision ofthe state.
  • Every department, agency, board, bureau, commission, authority, or similar bodyof each such county, municipal corporation, or other political subdivision of thestate.
  • Every city, county, regional or other authority established pursuant to law.
  • With some exceptions, “any nonprofit organization that receives more than onethird of its funds in the form of a direct allocation of tax funds from the governing authority of an agency.”

Records in the Georgia Open Records Act that are exempt are records related to the provision of staff services to individual members of the General Assembly by the Legislative and Congressional Reapportionment Office, the Senate Research Office, or the House Research Office, or GIS Data.
Any citizen of the state can request public records and requesters do not have to state a purpose. Once they have been obtained, there is no restriction on how records can be used, and agencies have three days to supply a response.
Open Records Act O.C.G.A. §50-18-70
Exempt: Investigations; certain real estate documents; attorney-client privilege documents; and names of handgun carriers. Electronic records open.

The Hawaii Uniform Information Practices Act, established in 1975, is the law that governs access to public records. Records include all materials maintained in government offices and agencies including all records whether they be written, auditory, visual, electronic, or other physical form. Exemptions of this act are records that constitute an invasion of privacy, records of current judicial proceeding of which the agency receiving the request is a part, and confidential government records, inchoate and draft working papers of legislative committees including budget worksheets and unfiled committee reports.

Anyone can request public records and Hawaiian law does not require a statement of purpose. There are no restrictions on how the public records are used. Allow up to ten days for a response to public records.

Uniform Information Practices Act Haw. Rev. Stat. §91-1 et seq.
Exempt: Medical, psychiatric, or psychological information; criminal investigations; social services or welfare benefits information; personnel files; fitness to be granted a license; and personal recommendations and evaluations.

The Idaho Public Records Act, established in 1990, governs access to public documents in Idaho. All records are presumed to be open records. Exemptions include court records that would result in the release of confidentiality, law enforcement investigations, juvenile records, voting records of the sexual offender classification board, records concerning discrimination investigations, workers compensation records, prisoner records, current and former public employees, income tax information, hospital and medical care records, Idaho Housing and FInance Association, voter registration cards, records in the address confidentiality program, trade secrets including academic research, archaeological records and endangered species locations, draft legislation records, underwriting and claims records of the Idaho petroleum clean water trust fund, or judicial authorization of abortions for minors.

According to the Idaho Public Records Act all agencies that are considered part of the government of Idaho including both state and local agencies are covered with the exception of the state militia. Any person can request records and statement of purpose is not required. The only restriction on the use of open records is the creation of mailing or phoning lists. Three days is the time allowed for any request to either be granted or denied.

Public Records Act Idaho Code §9-337 et seq. Exempt: 40 exemptions, check code citation.

The Illinois Freedom of Information Act, enacted in 1989 and recently updated in 2010, is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Illinois. The updates effective in 2012 greatly strengthened the act. The law requires each public agency to nominate an officer to be the official keeper of public records, as well as complete an online training course, established by the attorney general. The act defines public records as all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, recorded information and all other documentary materials under the control of any public body.

Anyone can request public documents but the Illinois Freedom of Information Act is not supposed to be used to further a commercial enterprise, violate individual privacy, or disrupt the day-to-day working of the public body. Government agencies must either comply with or deny a written request for public records within five working days after receiving it.

Freedom of Information Act 5 I.L.C.S. 140 et. seq.
Exemptions: Numerous exemptions including personnel information, disciplinary actions and vulnerability assessments.

The Indiana Access to Public Records Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels. Public records are defined as essentially any information created, maintained or filed by government agencies. Exemptions include trade secrets, confidential information received upon request, academic research, licensing information, medical records, anything declared exempt by the Supreme Court, autopsy photos or videos, social security numbers, law enforcement investigations, attorney information, personal files of employees, names of charitable donors, security measures for telecommunications, schools, and general infrastructure, correctional officer information, complaint information within law enforcement agencies, contact information for utility employees, or labor negotiations.

Any person can request public records in Indiana and no request may be refused due to a lack of statement of purpose. Record cannot be used for commercial purposes except if it is news publications, academic research, or non-profit organization activities that are using the information. The Indiana statute allows for seven days to process Indiana Access to Public Records Act requests.

Access to Public Records Act §§5-14-3-1 et seq.
Exempt: Trade secrets; university research; and certain educational and medical records. Discretionary exemptions include: Personnel files; diaries; journals; and personal notes.

The Iowa Open Records Law is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels. The law includes all records of government agencies except where the documents have been deemed confidential. Exemptions include:

  • Personal information on accepted students, current students, and past students
  • Medical records
  • Trade Secrets
  • Records of attorneys who represent the state
  • Reports that result in unfair competition
  • Appraisal information for public land purchases
  • Criminal files
  • Military confidential records
  • Personal information in records of employees and elected officials of publicagencies
  • Library records
  • Information on the donors of charitable contributions
  • Corrections department information that would jeopardize security.
  • Communications made to the government but not required by statute
  • Examinations
  • Archaeological and historical ecologically sensitive material locations andinformation
  • Marketing and advertising budgets and strategies for non-profits
  • Information maintained by mediators employed to solve the disputes withgovernment agencies

Anyone can request public records and the law does not require a statement of purpose for records requests. There are no restrictions for use of the records in the law and you must allow 10-20 days for a record request response to be completed.
Open Records Law Iowa Code §22.1 et seq.
State access law has 65 exemptions including personal information of public school students, hospital and medical records, trade secrets, peace officers’ investigative reports, and attorney work related to litigation.

The Kansas Open Records Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Kansas. The act defines public records as any records that are created or kept in public agencies and that pertain to the workings of the government.

Anyone can request public documents and while the law does not require an explicit statement of purpose, departments are allowed to reject records claims if it places “an unreasonable burden” on the department or if the department feels it is designed to disrupt the flow of the workings of government. The Kansas Open Records Act does not permit the use of lists of names and addresses for commercial purposes outside of political and educational opportunities and the use of student lists by university sales offices. The act allows three days for a department to respond to a request.

Open Records Law K.S.A. 45-215 etseq. Exempt: 42 exemptions, check code citation.

The Kentucky Open Records Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels. A public record is defined as including, “all books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency.”

Anyone can request public records and while the law does not require an explicit statement of purpose, departments are allowed to reject records claims if it places “an unreasonable burden” on the department or if the department feels it is designed to disrupt the flow of the workings of government. The use of records which were declared for a commercial purpose are strictly forbidden. The Kentucky Open Records Act sets a three day limit on records requests but extensions are allowed in some cases.

Open Records LawK.S.A. 45-215 etseq. Exempt: 42 exemptions, check code citation.

The Louisiana Public Records Act, also known as Louisiana’s Sunshine Law, was enacted by the state’s legislature in 1940. Section LA 44.01.2(a) defines public records as, “All books, records, writings, accounts, letters and letter books, maps, drawings, photographs, cards, tapes, recordings, memorandum, and papers, and all copies, duplicates, photographs, including microfilm, or other reproductions thereof, or any other documentary materials, regardless of physical form or characteristics, including information contained in electronic data processing equipment, having been used, being in use, or prepared, possessed, or retained for use in the conduct, transaction, or performance of any business, transaction, work, duty, or function which was conducted, transacted, or performed by or under the authority of the constitution or laws of this state, or by or under the authority of any ordinance, regulation, mandate, or order of any public body or concerning the receipt or payment of any money received or paid by or under the authority of the constitution or the laws of this state, are “public records”, except as otherwise provided in this Chapter or the Constitution of Louisiana.”

Anyone can request public records and a purpose does not need to be stated. There are no restrictions on what can be done with the public documents once a records requester has them in hand. The custodian of the records must respond to requests within three days.

Open Records Law La.R.S. 44:1 etseq.

Exempt: Pending criminal litigation; juvenile status offenders; sexual offense victims; security procedures; trade secrets; and some public employee information.

The Maine Freedom of Access Act is a series of laws designed to guarantee that he public has access to public records of government bodies at all levels in Maine. The act defines public records as, “any written, printed or graphic matter or any mechanical or electronic data compilation from which information can be obtained, directly or after translation into a form susceptible of visual or aural comprehension, that is in the possession or custody of an agency or public official of this State or any of its political subdivisions, or is in the possession or custody of an association, the membership of which is composed exclusively of one or more of any of these entities, and has been received or prepared for use in connection with the transaction of public or governmental business or contains information relating to the transaction of public or governmental business.”

Anyone can request public records and the law does not require a statement of purpose or restrict the use of public records. The Maine Freedom of Access Act does not specify a time limit with regard to positive request responses but a rejection must occur within five business days.

Open Records Law M.R.S.A. Sec. 402 etseq.

Exempt: Certain law enforcement investigation documents; records of legislature; and university administrative committees.

The Maryland Public Information Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Maryland. Public records are defined by the Code of Maryland as documents in any form, made or received by a public body which pertain to government business.

According to the Maryland Public Information Act, any person or governmental unit can make public records requests unless it is otherwise indicated by statute. There are not any requirements concerning a statement of purpose, however, if the custodian of the records decides that inspection would go against the public interest, he/she may deny the record for up to ten days. The use of criminal records for the solicitation of legal services is prohibited by law. The department has 30 days to either grant or deny the request.

Open Records Law Md. State Gov’t Code Ann. §§10-611 et seq.

Exempt: Information that invades individual privacy; trade secrets; public policy development memos; and investigative materials.

The Massachusetts Public Records Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels. Public records are defined as all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency.

Anyone can request public records and no statement of purpose is required. Also, the Massachusetts Public Records Act places no restrictions on the use of records. Massachusetts’ law allows 10 days for record responses.

Open Records Law G.L. c. 66, sec. 10.

Exempt: Information that would invade individual privacy; trade secrets; public policy development memos; and investigative materials.

The Michigan Freedom of Information Act, enacted in 1977, is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Michigan. Records are defined as a writing which encompasses handwriting, typing, printing, photographing, photocopying, and every other means of recording, and includes letters, words, pictures, sounds, or symbols, or combinations thereof, or other means of recording or retaining meaningful content prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created.”

Any person other than incarcerated felons may request public records in Michigan. A person who asks for access to public records is not required to justify his or her request. A person can use the information any way they please. The Michigan Freedom of Information Act allows 5 days for any response to record requests.

Open Records Law Mich. Comp. Laws Ann. §15.231 etseq

Exempt: Information deemed private; trade secrets; advisory communications with government agencies; attorney-client communications; medical counseling and psychological facts or appraisals; records of campaign committees; and some law enforcement records.

The Minnesota Data Practices Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels. Public records are defined as all data collected, created, received, maintained or disseminated by any government entity regardless of its physical form, storage media or conditions of use.

Anyone may request public records and they are also entitled to have the data explained to them if they don’t understand it. No statement of purpose is required and the only restriction of the use of records is that if a commercial use is intended the government agency may charge an additional fee. There is no response time specified in theMinnesota Data Practices Act.

Open Records Law Minn. Statutes 13.01 etseq.
Exempt: Juvenile court records; and some personnel information.

The Mississippi Public Records Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels. Records are defined as “all books, records, papers, accounts, letters, maps, photographs, films, cards, tapes, recordings or reproductions thereof, and any other documentary materials, regardless of physical form or characteristics, having been used, being in use, or prepared, possessed or retained for use in the conduct, transaction or performance of any business, transaction, work, duty or function of any public body, or required to be maintained by any public body.”

Anyone can request access to Mississippi’s public records and no state of purpose is required. There are no restrictions placed on the use of records.The Mississippi Public Records Actstates that, if not decided upon by the individual department, departments have one working day to respond to PRA requests. However, departments may establish their own time limits of up to fourteen working days.

Public Records Act Miss. Code Ann25-61-1 etseq.

Exempt: Personnel matters; employment applications; individual tax records; academic examination questions; appraisal information concerning the sale or purchase of property for public purposes; and attorney work product concerning litigation.

The Missouri Sunshine Law was introduced seven years after the Freedom of Information Act was passed in Congress in response to the Watergate scandal. In 1973, RSMO Chapter 610 was signed into the Missouri Constitution making the state one of the earliest advocates of the open records act. The law expressly stated that meetings, records, votes, actions, and deliberations of public governmental bodies are to be open to the public. Records are defined by Missouri law as “any record, whether written or electronically stored, retained by or of any public governmental body including any report, survey, memorandum, or other document or study prepared for the public governmental body by a consultant or other professional service paid for in whole or in part by public funds, including records created or maintained by private contractors under an agreement with a public governmental body or on behalf of a public governmental body.”

Anyone can request documents and a statement of purpose is not required. There is nothing in theMissouri Sunshine Law that restricts the use of records and an individual should allow three business days for the return of records requests.

Sunshine Law Mo. Code §610.023 etseq. Exempt: Same as meetings law.

The Montana Public Records Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels. The original definition of records includes all writings of government bodies including electronic mail. However, it has been expanded to include all items in “electronic format or other non- print media, including but not limited to videotapes, photographs, microfilm, film, or computer disk.”

The Montana Public Records Act stats that citizens are entitled to public records in the state, however, the Montana Constitution states that no person may be denied such records. The Constitution trumps statute, so anyone may request public documents in Montana. There is no requirement for a statement of purpose, but the law does place a limit on the sale of mailing lists for commercial reasons. There are no time limits specified for a response to a request.

Public Records Act Montana Code 2-6-101 etseq.

The law gives citizens the right to inspect any “public writings” of the state except as prohibited by statute. Recent legislation removed several exemptions to the law, thus opening records, including death certificates.

Exempt: Records may be closed if the right to individual privacy clearly exceeds the public’s right to know. However, the Montana Supreme Court has upheld challenges to statutes or executive branch decisions that closed records, ruling that the constitutional public right to know outweighed the individual privacy interest.

The Nevada Open Records Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels. Public records includes all books and records of all government entities.

Anyone can request public records and there is no statement of purpose required. There are no restrictions with regard to the use of records and an individual should allow five business days for a response to a request.

Open Records Act N.R.S. 239 etseq.

Exempt: Over 300 exemptions. Custodians must balance privacy issues with public interest.

The New Hampshire Right to Know Law is a series of statutes designed to guarantee that the public has access to public records of governmental bodies. Public records are any information created, accepted, or obtained by, or on behalf of, any public body.

The New Hampshire Right to Know Law indicated that all “citizens” have a right to access New Hampshire’s records. However the law does not specify whether it is citizens of New Hampshire or the United States. The only requirement for a statement of purpose is the release of statistical data sets that may contain personal information. This must be declared as a request for research. Exempted records may be released to other government agencies for use within only those agencies.Records released as statistical data sets can only be used for research and cannot be distributed to undeclared, non-research personnel. Allow five days for a response to record requests.

Right to Know Law R.S.A. Ch. 01-Aetseq.

Exempt: Investigative files; parole and pardon board records; student records; and certain commercial/financial information.

The New Jersey Open Public Records Act became the state’s sunshine law in 2002, replacing, and significantly improving, a pre-existing right-to-know law. Public records includes any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file.

Anyone but convicted criminals seeking information on victims may request public documents from the state. There is no requirement for a statement of purpose and no restrictions placed on the use of records. The New Jersey Open Public Records Act allows for up to seven days to respond to a records request.

Open Public Records Act N.J.S.A. 47:1A-1 etseq.
Exempt: Child abuse records; and pending investigation records.

The New Mexico Inspection of Public Records Act is a series of laws designed to guarantee that the public has access to public records of governmental bodies. The New Mexico Statute 14-2-6 states that records include “all documents, papers, letters, books, maps, tapes, photographs, recordings and other materials, regardless of physical form or characteristics, that are used, created, received, maintained or held by or on behalf of any public body and relate to public business, whether or not the records are required by law to be created or maintained.”

Anyone can request public records and no statement of purpose is required. The law does place a restriction on the use of police reports. They cannot be used to solicit victims for services. The New Mexico Inspection of Public Records Act allows for three days for a response to a records request.

Inspection of Public Records Act 14-2-1 NMSA1978 etseq.

Exempt: Physical or mental examinations and medical treatment; letters of reference concerning employment, licensing or permits; matters of opinion in personnel files or students’ cumulative files; law enforcement records that reveal confidential sources, methods, information or individuals accused but not charged; identity of applicant or nominee for president of institution of learning but names of at least five finalists must be released at least 21 days before selection is made.

The New York Freedom of Information Law is a series of laws designed to guarantee that the public has access to public records of governmental bodies in New York. New York’s first such law was passed in 1974 but that law was repealed and replaced in 1977 with a significantly changed law. Important amendments were then made to the law in 1982, 2005, and 2008. A record is defined as any information kept, held, filed, produced, or reproduced by, with or for an agency or the state legislature, in any physical form whatsoever. Documents are still covered by the act if a promise of confidentiality has been given, if they are in temporary possession of someone else, or if they originated outside the government but have come into possession of the government.

Anyone can request records in New York. A statement of purpose is usually not required but several New York courts have considered the requestor’s motives to be relevant where the motive of the document requestor was to obtain documents relative to pending litigation. The New York Freedom of Information Law also allows agencies to deny requests for lists if the lists that would be obtained would be used for commercial or fundraising purposes. However, there are no restrictions on how public records may be used, once they have been obtained. Allow five days for a response to a public records request.

Freedom of Information Law NY Pub. Off. Law sec. 84 etseq.

Exempt: Disclosures resulting in unwarranted invasion of privacy or business/ competition enterprises; names of sex crime victims; and some law enforcement records and inter/intra-agency materials.

The North Carolina Public Records Law is designed to guarantee that the public has access to public records of governmental bodies in North Carolina. The first statute was passed in 1935. Records include all documents, no matter the physical form, “made or received pursuant to law or ordinance in connection with the transaction of public business by any agency.”

Anyone can request public records and no statement of purpose is required. There are no restrictions placed on the use of records and there is no time limit for a response. Section § 132-6 of the North Carolina Public Records Law states that a custodian of public records shall make them available “at reasonable times and under reasonable supervision by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may be prescribed by law.”

Public Records Law G.S. §132-1

Exempt: Confidential legal communications; criminal investigations; and intelligence information.

The North Dakota Open Records Statute is a series of laws designed to guarantee that the public has access to public records of governmental bodies. North Dakota law defines records as, “recorded information of any kind, regardless of the physical form or characteristic by which the information is stored, recorded, or reproduced, which is in the possession or custody of a public entity or its agent and which has been received or prepared for use in connection with public business or contains information relating to public business.”

Anyone can request public records and no statement of purpose is required. There are no restrictions placed on the use of records nor is a response time specified.

Open Records Statute N.D.C.C. §44-04-18 etseq.

Exempt: Juvenile records; trade secrets; public employee medical and assistance records; workers compensation; unemployment; tax information; law enforcement investigation records; and most Department of Human Services records.

The Ohio Open Records Law, first enacted in 1963, is contained in Section 149.43 of the Ohio Revised Code. The law describes what records are available, what agencies are covered, what fees can be charged, who can ask for records, etc. Records include all records kept by any public office as well as records of both non-profit and for-profit private schools.

Anyone may request public records and no statement of purpose is required. In fact records requests need not even be submitted in writing and can be made anonymously. There are no restrictions to the use of records and the Ohio Open Records Law does not specify a time limit on open records request.

Open Records Law Ohio Rev. Code sec. 149.43 etseq.

Exempt: Personal bank records; medical records; adoption records; probation and parole records; and certain law enforcement investigative records

The Oklahoma Open Records Act is a series of laws designed to guarantee that public has access to all public records of governmental bodies. Section 24A.2 defines records as “all documents, including, but not limited to, any book, paper, photograph, microfilm, data files created by or used with computer software, computer tape, disk, and record, sound recording, film recording, video record or other material regardless of physical form or characteristic, created by, received by, under the authority of, or coming into the custody, control or possession of public officials, public bodies, or their representatives in connection with the transaction of public business, the expenditure of public funds or the administering of public property.” This specifically includes all records of the transfer of public funds.

According to the Oklahoma Open Records Act, anyone may request public records and no statement of purpose is required. However, if the purpose is commercial, fees will be charged for document collection. There is no restriction on the use of records and the law does not specify a time limit for responses to requests.

Open Records Act OK Stat, tit. 51, §24A.1 etseq.

Exempt: If protected by state evidentiary privilege; real estate appraisals; personnel records; registration files of sex offenders; public officials’ personnel notes; business- related bids; computer programs; medical market research; and certain educational records including student records.

The Oregon Public Records Law, first enacted in 1973, is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels. The ORS 192.410(4)(a) says that a public record includes any writing that contains information that relates to the conduct of the public’s business, is prepared, owned, used or maintained by a public body regardless of physical form or characteristics. If a record (a) does not relate to the conduct of the public’s business and (b) is contained on a privately owned computer”, then it is not a public record as defined in the law.

Anyone can request public records and a statement of purpose is not required. There are no restrictions on the use of records nor is there a specified time limit for responses.

Open Records Laws O.R.S. 192.410 etseq.

Exempt: Records less than 75 years old containing information on the health care treatment of a living individual; impending litigation; trade secrets; criminal investigation materials; testing materials; real estate appraisals; personnel disciplinary action; and computer programs.

The Pennsylvania Right to Know Law is a series of laws designed to guarantee that the public has access to public records of governmental bodies. Prior to 2008, the Pennsylvania Right to Know Act was widely regarded as one of the worst in the country, partly because the pre-2008 law presumed that government records were not public, unless someone who wanted the record could establish otherwise. A new law passed by the state legislature and signed by Governor Ed Rendell “flipped the presumption”. This new law went into full effect on January 1, 2009 and it states, in sharp distinction to the previous law, that all documents will be presumed to be open to the public unless the agency holding them can prove otherwise.

The Pennsylvania Right to Know Law defines records as, “information, regardless of physical form or characteristics, that documents a transaction or activity of an agency and that is created, received or retained pursuant to law or in connection with a transaction, business or activity of the agency.” Any United States citizen may request public records and no statement of purpose is required. There is no restriction on the use of records and five days is the limit for responses to requested documents.

Right to Know Law 65 Pa. Stat. Section66.1 etseq.
Exempt: Most investigative records; birth and death records; and accident reports.

The Rhode Island Access to Public Records Act, first enacted in 1979, is a law that guarantees access to public records of government bodies at all levels in Rhode Island. The act is defined in Chapter 38.2 of the Rhode Island General Laws and has been significantly revised in 1991, 1998 and 2008. Public records are all documents, no matter their physical form that are “made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.”

Anyone can request public records, and no statement of purpose is required. According to theRhode Island Access to Public Records Act §38-2-6, it is illegal to use information obtained from public records to “solicit for commercial purposes, or to obtain a commercial advantage over the party furnishing that information to the public body.” Rhode Island law allows 10 days for a public body to deny a request. If the agency does not respond within 10 days, it is deemed a denial.

Access to Public Records Act R.I. Gen. Laws§§38-2-1 Exempt: Presumption of disclosure with few exemptions.

The South Carolina Freedom of Information Act is a series of laws designed to guarantee that the public has access to public records of governmental bodies in South Carolina. South Carolina’s definition of records includes all records, no matter their physical characteristics, that were “prepared, owned, used, in the possession of, or retained by a public body.”

Anyone may request public records and a statement of purpose is not required. The South Carolina Freedom of Information Act prohibits the use of police reports, information about disabled individuals and employee information for commercial purposes. There is a 15 day period for a business to respond to records requests.

Freedom of Information Act S.C. CodeAnn. §30-4-10

Exempt: Pending investigation documents; confidential attorney communications; identification of informants; certain bank and business transactions; and income tax returns.

The South Dakota Sunshine Law is a series of laws designed to guarantee that public has access to public records of governmental bodies. Public records are defined as all records kept by public bodies in South Dakota, no matter the physical form. The state also offers OpenSD, a search-able website with many public documents available.

Anyone may request public records and a statement of purpose is not required. There are no restrictions on the use of records in the South Dakota Sunshine Law, nor is there a specified response time.

Sunshine Law S.D.C.L. 1-27-1 etseq.

Exempt: Savings and loan association reports; school records; juvenile court records; adoption records; hospital licensing and inspection information; and medical research information.

The Tennessee Open Records Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels. Records in the possession of public agencies in Tennessee are open to perusal by the public unless they are specifically exempted by statute or case law. Records are defined as any documents, no matter the physical form which are “made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency.”

Any citizen of Tennessee can request public records and a statement of purpose is not required. The Tennessee Open Records Act does not restrict the use of records and allows seven days to respond to records requests.

Open Records Act Tenn. Code Ann. 10-7-503

Exempt: Medical records of patients in state institutions; some investigative records; public school student records; and some economic development issues, such as land acquisition.

The Texas Public Information Act is a series of laws designed to guarantee that the public has access to public records of government bodies. Until the law was formalized, the ability of a citizen to gain access to public records was at the discretion of the custodian of the records, except in those cases where records custodians were forbidden to allow access. The law covers nearly all documents that are in the possession of government agencies in the state that are covered by the law. Section 552.002 says that information is public if it “is collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business” by a governmental body or for a governmental body, and the governmental body owns the information or has a right of access to it.

Any person, not just citizens of Texas, can request public information. A statement of purpose is not required nor is there a law on how the records can be used. The Texas Public Information Act allows 10 days for a response to public record requests.

Public Information Act Tex. Rev. Civ. Stat. Ann. art. 6252-17a

Closed: Attorney consultations; real estate transactions; hearings of the ethics commission; personnel and individual student matters; and emergency medical service quality reviews, etc.

The Utah Government Records Access and Management Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels. Documents created by public bodies in Utah are open for inspection to any member of the public.Documents that are considered exempt from open records laws include private information about individuals and government employees (pursuant to 63G-2-302 and 63G-2-303), health records of individuals (pursuant to 63G-2-304), and records that are protected because if released they may result in security problems (pursuant to 63G-2-106) or financial speculation, unfair competition and financial instability (pursuant to 63G-2-305).

Anyone can request public records and a statement of purpose is not required. There are no restrictions on the use of public records under the Utah Government Records Access and Management Act and the act requires that responses be made within at least 10 business days

The Vermont Public Records Law is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Vermont. Public records includes all documents, no matter the physical form that are “produced or acquired in the course of public agency business.”

Anyone can request public records and a statement of purpose is not required. The Vermont Public Records Law places no restrictions on the use of public records. Records denials must be issued within 2 days of receiving the records request.

Open Records Law 1 V.S.A. §§315 etseq.

Exempt: Twenty exemptions including: Personnel files; criminal investigation records; tax documents; and location of historical/archaeological sites.

The Virginia Freedom of Information Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Virginia. Public records includes all documents, no matter their physical form, that are “prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business.”

Any citizen of Virginia may request public records, however Virginia does limit the right of incarcerated felons to request any records whatsoever. The Virginia Freedom of Information Act does not require a statement of purpose, nor are there any restrictions on the use of records. Virginia law requires open records request responses to be made within 5 business days.

Freedom of Information Act Va. CodeSecs. 2.2-3704 -3706

Exempt: Some criminal investigations; some police reports; tax returns; medical records; personnel matters; real estate; attorney client privilege exemptions; and working papers.

The Washington Public Records Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels. Washington law defines records as “any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.”A recent Supreme Court ruling has said that accident reports are also public records.

Anyone can request records and a statement of purpose is not required, nor are there restrictions placed on the use of records. The Washington Public Records Act allows 5 days for records responses.

Public Records Act Wash. Rev. Code § 42.56 etseq.

Exempt: Personal student or patient information; employee files; and some investigative records.

The West Virginia Freedom of Information Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels. West Virginia law defines records as “any writing containing information relating to the conduct of the public’s business, prepared, owned and retained by a public body”.

Anyone can request public records and a statement of purpose is not required, nor are there restrictions on the use of the records. The West Virginia Freedom of Information Act allows for 5 business day for records request responses.

Freedom of Information Act W.Va. Code§ 29B-1-1 etseq.

Exempt: Trade secrets; information violating personal privacy; some exam data; some archaeological sites; and law enforcement records for internal use.

The Wisconsin Open Records Law, first enacted in 1982, is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels. Wisconsin defines record as any document, regardless of physical form, that “has been created or is being kept by” an agency.

In general, “any requester has a right to inspect any record.” (Wis. Stat. 19.35(1)(a)). However, people who are incarcerated and people who have been involuntarily committed to a mental institution are restricted in their rights of access to public documents. A statement of purpose is not required and the statute for how records can be used states, “A requester shall comply with any regulations or restrictions upon … use of information which are specifically prescribed by law.” The Wisconsin Open Records Law does not specify a time requirement for responses to records requests.

Open Records Law Wis. Stat. 19.31 etseq..

Exempt: Certain investigative records, computer programs and trade secrets; public library circulation records are confidential.

The Wyoming Sunshine Law is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels. The definition of records includes all documents, no matter their physical form, that have been created or received by government agencies in the course of public business.

Anyone can request public records and a statement of purpose is not required, nor are there restrictions placed on the use of public records. The Wyoming Sunshine Law does not specify response times.

Sunshine Law Wyo. Stat. § 16-4-201 etseq.

Exempt: Some law enforcement investigation records; testing materials; details of state institutions’ research projects; labor negotiations; school board and university student disciplinary records; and medical records of publicly funded hospitals.