Arizona Public Records

Arizona public records are defined in Arizona Revised Statutes as all papers, books, maps, photographs, or other documentary equipment created or received by any governmental body in connection with law or public business.

Local or state agencies typically preserve these records as proof of the activities, functions, policies, decisions, procedures, and operations of the organization or government.

Public records are preserved for the public interest. Hence, members of the public can easily access this public data for various purposes. However, certain public records are subject to non-disclosure as defined by the Arizona Public Records Law and Freedom of Information Act. This is especially the case when an individual's privacy interest outweighs the government's interest in confidentiality.

Are Arizona Records Public?

Yes. Most Arizona public records are accessible to the general public. The Arizona Public Records Law mandates that all government agencies and public bodies keep records reasonably necessary to provide a precise account of their official activities and government-funded events.

Custodian agencies and departments maintain, issue, and produce these public records for anyone who expresses their desire through a Public Record Act request. Per A.R.S. section 39-171, agencies subject to the public records law must provide the contact details of all custodians or employees who are authorized to maintain and issue the requested record and information.

However, certain records are classified by the state as confidential by statute, rule, or privilege. Likewise, the exemption may apply to the disclosure of public records where one's privacy outweighs the public's right to know, or disclosure is not in the state's best interest.

Arizona public records are categorized thus in the Arizona State Library and Archives:

**Personal Records: Most **personal records are covered by statute and are classified under restricted records. For instance, birth certificates are closed for 75 years, death certificates are closed for 50 years, and adoption records and probate records are closed.
**Selected Court Records: **County Superior Court records of over 50 years are transferred to the State Archives. These court records are open to the public but public access is limited certain records or case information involving adoptions or juveniles. This also include records of criminal offenses committed by juveniles
Business Records: The state archives hold records from the Arizona Corporation Commission the Arizona Secretary of State's office, including business filings.

All these records and the offices where one can find them can be found on the Arizona State Library and Archives website.

Arizona Public Records Law

The Arizona Public Records Law has existed for over 100 years. It governs the right of public access to all public records maintained within the state, county, or local agencies within the state's jurisdiction. Arizona's Public Records Law is wholly separate from the federal law regarding the disclosure of public information by the federal government as required under the Freedom of Information Act ("FOIA").

This law, per §39-101, seeks to increase public access to government information and the accountability of government agencies to the general public. It law applies to every custodian or officer of any "public body."

The statute defines the term "public body" to include state, county, city, town, district, political subdivision branch, department, board, bureau, commission, council, and any public organization or agency supported in whole or in part by public funds.

However, some public Arizona records are confidential and should not be disclosed to the public per this law. Likewise, rules or regulations may limit the disclosure of certain information. The Arizona statutes have long acknowledged that safeguarding personal privacy may justify an exception to the general presumption of access to public records.

A few of these exemptions include:

**Records Confidential by Statute: **Personnel files an employee: this includes the employee's name; date of employment; current and previous salaries; name of employee's current or last known supervisor; and certain records related to the employee's disciplinary action—an individual's social security numbers.
**Records Involving Privacy Interests: **For example, a person's date of birth, home addresses, and phone numbers
**Records that may harm the Interests of the State: **An officer or custodian of public records may decline inspection of public records for the sake of protecting the state's interest
**Requests by Litigants: **The right to public inspection may not apply when the person requesting access to the records is a party to litigation with the state

How Do I Find Public Records in Arizona?

Public records and information under the purview of any public agency or custodian shall be made accessible to anyone interested in inspecting or copying them during official business hours. Access to public records may not be granted at times or in ways that disrupt public business.

To find public records in Arizona, inquirers may follow these steps:

Step 1: First, the requester must decide what records they wish to inspect.

Step 2: Next, find out the agency or public body in the custody of the public record one wishes to inspect. Requests to review public records should be directed to the public "custodian." First, check the agency's website and look for a request form or contact the public body directly.

Step 3: Perform research and collect concise information from search engines and state public websites. Visit the state website, click on public records, and then links.

Step 4: Once the record custodian has been located, request the public records. The Arizona Public Records Law no longer mandates the submission of a written request for "non-commercial" purposes. However, written requests should be drafted narrowly, indicating the specific documents. In most cases, the inquirer will need to provide details of the record like a case number, page number, or docket information. Searches may also require details of the record holder, such as their full name, birth date, and the location, site, and city of the event (for nationwide searches).

Step 5: Wait for a response. The custodian of the public record is obligated to furnish the requested records promptly.

Step 6: If the inquirer's public record request is denied, they may appeal the denial.

Find Arizona Public Records Free

Arizona public records are publicly made accessible for free to requesters. Any person elected to hold an office of authority within any government agency is considered a custodian of Arizona public records. Requesters must include whether the public records will be used for commercial or non-commercial purposes.

A commercial purpose includes:

Obtaining records for sale or resale
Obtaining names and addresses for solicitation or monetary gain

Public record inspection and copying are free. One may also make notes from the record without requesting a copy. However, per the provisions of § 39-121.01, a custodian may charge the requester a nominal fee.

Non-commercial purpose requesters are only charged a copying fee, which includes a reasonable amount of the cost of time, equipment, and personnel used in producing copies. The public body may not charge for the search, inspection of the record, labor, redaction, overhead costs, or any fee to examine or review a record to determine whether the record is available for public access.

Commercial purpose record requests, however, may attract a higher fee based on the following:

The portion of the cost to the public body for obtaining the record,
The cost of reproducing the record, and
It's reproduction value on the commercial market as determined by the public agency.

More details are recorded under the section guiding charging copying fees under Arizona's Public Records Law.

What Happens if I Am Refused a Public Records Request?

Inquirers are presumed to be denied access to a public record if a custodian fails to respond to a request to produce a public record promptly or refuses to provide an index of any record.

If denied access to examine or copy public records, the requester may appeal the denial through a special action in the Superior Court, Court of Appeals, or Arizona Supreme Court per §39-121.02. Anyone wrongfully refused access to public records has a cause of action against the public custodian or body for any damages resulting from the denial.

The Arizona Ombudsman – Citizens' Aide is also statutorily endorsed to investigate complaints relating to public access laws, request testimony or evidence, issue subpoenas, conduct hearings, make recommendations, and report misconduct.

How Long Does It Take to Obtain an Arizona Public Record?

The state Public Records Law mandates prompt disclosure from public officers and custodians. However, "prompt" depends on what is reasonable under the given circumstances.

The following must be taken into account:

The agency's resources, the nature of the request
The content of the records
The location of the records

Mere inconvenience, thus, does not justify delay. Also, bear in mind that some public agencies are expected by statute to provide records within an expressly stated period. Some record requests will take more for the custodian of the documents to review and determine whether certain information should be deleted from the records.

If the turnaround time is not properly stated on the public records request form, ask how long it will take. Regardless, put a call across to the custodian after a week to verify that they did receive and process the records request.