Alabama Public Records Law
The Alabama Public Records Law, codified under Title 36, Chapter 12, of the Alabama Code is a series of laws formulated to grant the public the right to access government records. Under the Alabama Public Records Law, public records include papers, letters, maps, or documents created or received in pursuance of law by public officers of the counties, municipalities, states, and other government subdivisions in the transaction of public business.
Where Do I Submit a Public Record Request in Alabama?
Public records requests in Alabama are typically submitted to the custodian of records for the specific government agency holding the records. Generally, each state agency, local government office, or public body has a designated custodian responsible for handling public records requests. If an executive branch agency holds the record you need, the request to such an agency may be made to the public records coordinator.
How Do I Request Public Records in Alabama?
If you prefer government sources over third-party websites offering Alabama public records search services, you may submit a public record request in Alabama in the following manner:
- Determine which government agency holds the records you need
- Contact the agency to identify the custodian of records or the designated office handling public records requests
- Prepare your request. Include specific details that would help the agency find the record you need.
- Submit your request. Requests may be submitted in person, by mail, email, or phone.
- Pay any applicable fee
What Records are Public in Alabama?
Public records in Alabama encompass a broad range of documents. However, the following are the most common types of public record requests received by public entities in the state:
- Vital Records: These include birth, death, marriage, and divorce records.
- Property Records: Examples are deeds, mortgages, property tax records, and zoning and land use records
- Court Records: These are supreme court records, court of civil appeal court records, circuit court records, district court records, probate court records, and municipal court records.
- Law Enforcement Records: Arrest records, inmate records, incident reports, and police records.
- Government Financial Records: These include budgets, financial statements, audit reports, contract records, and procurement records.
Who Can Request Public Records in Alabama?
The Alabama Public Records Law states public records may be inspected or copied by every person. The term "every person" may be construed to include individuals, corporations, associations, and other legal entities recognized by state law.
What Is the Response Time for Public Records Requests in Alabama?
Standard requests for Alabama public records require a response within 15 business days. However, time-intensive or complex requests require a response within 45 business days. Note that executive branch agencies in the state are required to acknowledge public record requests within two business days.
What Is the Fee Charged for Providing Copies of Public Records?
The Alabama Public Records Law does not specify a fee structure for the copying of public records that do not require certification. Hence, public agencies are at liberty to charge a reasonable fee for obtaining copies of public records. Such fees are usually limited to the direct cost of record duplication.
Typically, most agencies charge between $0.25 and $1 per page for producing copies of Alabama public records. Generally, no fees are charged for inspecting public records in the state.
What Records Are Exempted Under the Alabama Public Law?
Although the state public records law makes most government records public, some records are exempt from public disclosure due to privacy or confidentiality reasons. Some records exempted from disclosure under the Alabama Public Records Law include:
- Records sealed or restricted by another law or rule
- Portions of criminal records disclosing the identity of confidential informants
- Personal records that would result in an unwarranted invasion of personal privacy, such as Social Security numbers, mental health records, and medical records.
- Records containing trade secrets or confidential commercial information.
- Records that could interfere with law enforcement investigations or judicial proceedings
- Information related to the security of public buildings and infrastructure.
- Records protected by attorney-client privilege or attorney work product.
- Records involving minors, such as juvenile court proceedings or delinquency cases