Arizona Public Records Law
Arizona's public records law, as outlined in Title 39 of the Arizona Revised Statutes, grants interested parties the right to examine and request copies of public records from public bodies. Public bodies, as defined by this law, refer to any government-related agency, entity, or organization that is supported by public funds. Similarly, public records refer to all documentary materials, regardless of their format, that are created or received by these public bodies during their official activities.
Where Do I Submit a Public Record Request in Arizona?
Under state law, every public body in Arizona is required to designate a point of contact (an employee or department) for records requests and make the contact information of this designee available to the public. This is usually done via the agency's official website.
As such, each public body is responsible for managing its own records requests, and you must submit your request directly to the agency holding the desired record(s).
How Do I Request Public Records in Arizona?
You can typically request public records in Arizona by taking the following steps:
- Determine which public body maintains the record(s) you seek.
- Identify the designated contact person or department responsible for handling public records requests on the agency's behalf.
- Submit your request. This can usually be done in person, via mail, or through an agency-provided online request portal.
- Pay all stipulated fees and provide any necessary supporting documentation, such as a valid ID.
Third-party websites may offer access to certain Arizona public records; however, be aware that these platforms often charge additional fees for this service.
What Records Are Public in Arizona?
Public records in Arizona encompass a wide range of documents. Commonly requested public records in the state include:
- Court Records: these include case files, court orders, verdicts, motions, and other documents covering civil, criminal, and probate matters heard in Arizona's Superior, Municipal, and Justice of the Peace Courts.
- Property Records: such as deeds, mortgage records, property tax assessments, building permits, zoning information, and real estate ownership information.
- Business Records: such as incorporation records, business licenses, and contractor licenses.
- Law Enforcement Records: these include incident logs, police reports, arrest records, jail/inmate records, sex offender information, and other criminal records. However, be aware that the state's public records law restricts access to certain law enforcement records.
- Vital Records: marriage and divorce records are generally open to the public. However, birth and death records in Arizona are closed for 75 and 50 years, respectively, and may only be accessed by authorized parties during this period.
- Government Financial Records: such as budgets, audit reports, expenditure reports, and government contracts.
Who Can Request Public Records in Arizona?
Arizona's public records law allows any person, regardless of residency or affiliation, to request access to public records.
What Is the Response Time for Public Records Requests in Arizona?
Arizona law does not specify a strict deadline for responding to public records requests; public bodies are typically required to respond to these requests "promptly", which generally means as quickly as possible, concerning the complexity and volume of the request.
Nonetheless, when you submit a record request, the public body's designated point of contact must acknowledge that the request has been received within five business days (of the submission). Note that this acknowledgment is not required if the agency has an online request submission portal that provides instant confirmation.
What Is the Fee Charged for Providing Copies of Public Records?
There is no specific cost for obtaining copies of public records in Arizona, and public bodies are simply required to charge a "reasonable fee" to cover the cost of the time, materials, energy, and manpower used in copying the requested records.
Be aware that, per the state's public records law, certain public records must be provided at no cost. These include:
- Certified copies of public records needed for pensions, benefits, compensation, or other related claims to be submitted to the U.S. government or its departments.
- Police reports, recordings, and transcripts are being requested by victims of the offense.
What Records Are Exempted Under the Arizona Public Records Law?
Several types of records are statutorily exempted from public disclosure in Arizona. These include:
- Personal identifying information of witnesses
- Information related to the location of archeological discoveries
- Federal risk assessments are performed to evaluate the vulnerability of critical energy, water, or telecommunications infrastructure
- The home address, home phone number, or trust-held property address of public officials and employees
- Medical records
- Privileged attorney-client communications
- Trade secrets