Arkansas Public Record Law

The Arkansas Freedom of Information Act, enacted in 1967, ensures transparency and openness in government operations. The law grants Arkansas residents the right to access and review public records maintained by government bodies. Under the FOIA, citizens may inspect and copy public records during regular business hours. Although the FOIA provides broad access to public records, certain records may be exempt due to confidentiality and safety concerns.

Birth Records
Court Records
Criminal Records
Death Records
Divorce Records
Inmate Records
Marriage Records
Traffic Violation Records

Where Do I Submit a Public Record Request in Arkansas?

Arkansas does not have a central office where record seekers may submit and process public records requests. Public records in the state are maintained by various state agencies, each responsible for processing their records requests. Usually, most agencies appoint an individual, called the record custodian, where record seekers may direct their record requests.

Therefore, all requests for public records may be submitted to the relevant agency officer designated to receive such requests. You can get information on how to submit your public record requests by visiting their website.

How Do I Request Public Records in Arkansas?

Here are the general steps and requirements for requesting copies of public records in Arkansas:

  • Identify the record. Determine the specific agency that keeps the record.
  • Submit a request. Requests may typically be made in person, by mail, email, or online, depending on the agency's procedures. Also, some agencies may have designated forms, while others may accept written requests.
  • Provide identification, if required. Some agencies require proof of identification, especially when accessing confidential or restricted records.
  • Pay the fees. Agencies may charge fees for searching, copying, and certifying records.

Many public records are available on third-party websites, which may be used for quick access to public records. However, these platforms may not update their records frequently, often leading to discrepancies.

What Records are Public in Arkansas?

There are numerous types of public records in Arkansas open for public inspection. Here are the most commonly requested public records in the state:

  • Vital Records: These include birth certificates, death certificates, marriage licenses and certificates, and divorce decrees. Access to vital records is typically restricted to the individual named on the record, immediate family members, legal representatives, and persons with verifiable interests.
  • Property Record: Accessible property records include deeds, mortgages, property tax assessments, land surveys and plats, zoning records, building permit records, and mortgage records.
  • Judicial / Court Records: The Arkansas Court system comprises Circuit and District Courts. Commonly requested court records include case files, dockets, criminal case records, small claims records, probate records, family court records, and civil case records.
  • Law Enforcement Records: Incident and arrest reports, sex offender reports, inmate records, criminal records.
  • Government Financial Records: Budgets, expenditure reports, procurement records, audit reports, and grants records.

Who Can Request Public Records in Arkansas?

Under Arkansas FOIA, all persons may inspect, examine, and request copies of public records held by public bodies. The term "person" under Arkansas FOIA is broadly interpreted to include individuals, corporate organizations, businesses, partnerships, advocacy groups, associations, and nonprofits.

What Is the Response Time for Public Records Requests in Arkansas?

According to Section 25-19-105 of the FOIA, public agencies must respond to record requests within three business days. However, certain circumstances, such as the record kept in storage, may affect the availability of the records within the three-day window. In such instances, the FOIA requires agencies to communicate to requesters before the three days expire the estimated timeframe for when the records can be accessed.

What Is the Fee Charged for Providing Copies of Public Records?

Per Arkansas FOIA, the record custodian may charge fees for copying the records and any associated labor fees. Per the law, agencies may charge for only the actual cost of making copies and employee time used in handling the request.

What Records Are Exempted Under the Arkansas Public Law?

While the Arkansas FOIA grants public access to government records, certain records are exempted from disclosure to protect privacy, security, and sensitive government functions. The following public records are closed to the public:

  • Medical records, such as medical histories and hospital records
  • State income tax records
  • Personnel records, including employee evaluations and disciplinary actions
  • Student records, such as transcripts and disciplinary records
  • Personally identifying information, including bank account information and social security numbers
  • Ongoing criminal investigations
  • Juvenile records
  • Security procedures and emergency plans
  • Expunged or sealed criminal records
  • Attorney client privileged communications
  • Trade secrets and proprietary information
  • Judicial work product
  • Mental health records
  • Library user records
  • Adoption records