What is a Public Record?

Nearly 60 years ago, lawmakers passed the federal Freedom of Information Act (FOIA), giving the public a legal path to see how government operates at the federal level. Today, public records laws at the federal, state, and local levels are still one of the most important tools for government transparency and resident trust.

A public record is information that has been created, received, recorded, or maintained by a public agency in connection with public business. Laws such as the federal FOIA and state FOIA (e.g., Arkansas) or sunshine laws (e.g., Florida) give the public the right to request access to many of these records while allowing certain information to be withheld or redacted.

For departments managing records, understanding what counts as a public record and how to manage requests consistently is critical to maintaining compliance and community trust.

Common Types of Public Records

The definition of public record is broad and continually evolving as public records laws adapt to address emerging technologies, tools, and communication channels.

At a high level, if information documents public business and is held by (or on behalf of) a public body, it is likely to be considered a public record under the applicable law.

Here are some common categories of public records:

• After-action reports
• Agendas
• Algorithms and automated decision-making tools, where covered by law
• Audio recordings
• Calendars related to public business
• Commissioned artwork
• Construction plans
• Contractor agreements
• Contracts and purchase orders
• Court records governed by state law and court rules
• Emails and other electronic correspondence
• Federal investigative files (e.g., FBI files), subject to federal law and exemptions
• Grant applications and awards
• Inspection reports
• Investigatory files, subject to law enforcement exemptions
• Letters and mailed correspondence
• Maps and geographic information system (GIS) data, as seen in Massachusetts
• Meeting minutes and recordings
• Memoranda and internal communications
• Metadata, as addressed in federal FOIA case law
• Military service and discharge records, subject to privacy protections
• Notes related to public business
• Permits and licenses
• Photographs and digital images
• Receipts and invoices
• Recorded tapes and transcripts
• Reports and studies
• Social media content, as addressed in recent Supreme Court rulings
• Surveillance footage from cameras and body-worn devices
• Text messages related to public business, even on personal devices if covered by state law
• Video recordings, including webcasts and meeting videos

Because technology and communication channels are changing quickly, agencies should review updated guidance from their state records authority, attorney general’s office, or legal counsel on what constitutes a record and how long it must be retained.

Are Public Records Laws the Same in Each State?

No. Many U.S. states manage their public records differently.

Each state has its own statutes, rules, exemptions, appeal processes, and even terminology for public records and requests. Some laws cover both state and local agencies, while others layer in additional requirements for specific bodies such as universities or law enforcement.

Common Names for Public Record Laws

Common naming conventions for public records laws vary. In some states, public records laws are described as “Sunshine” or “Sunshine Law” statutes, as in Florida and Missouri, while others use “open records” terminology, as in Georgia, Kansas, Kentucky, and Oklahoma.

Public records laws and related guidance clarify what qualifies as a public record, which exemptions may apply, what fees can be charged, and the timelines agencies are expected to follow when responding to requests. Many states also issue attorney general opinions, handbooks, or guides that interpret and explain the law in more detail.

For example, the Florida Attorney General publishes the annual Government-in-the-Sunshine Manual, which explains the state’s public records and open meetings laws, summarizes Attorney General opinions and court decisions, and provides practical guidance for agencies.

Additionally, organizations like the League of California Cities and state open government offices publish practical guides for agencies and residents.

Because state requirements differ, agencies should work closely with their legal counsel and refer to state-specific guidance when building or updating a public records program.

How Do You Find Public Records?

Accessing public records can depend on understanding state laws, knowing where agencies publish information, and submitting clear, complete, specific requests.

Most residents begin in one of three places:

• A designated public records officer or clerk’s office, reached by phone, email, online form, or in-person visit.
• A central open records or FOIA portal used across multiple departments or agencies.
• The agency’s website, where many governments provide self-service information, online request forms, request tracking, and access to frequently requested records.
  • Texas Attorney General’s Open Government Resources page provides guidance on the Public Information Act, access to the Public Information Act Handbook, attorney general rulings, and other resources for both requesters and government agencies.

Some states require requesters to be residents (for example, certain provisions of Tennessee’s Public Records Act), while others allow anyone to submit public records requests.

Many agencies are also publishing “proactive disclosures” where frequently requested records are made available online, proactively publishing fulfilled FOIA and public records requests so residents can find what they need without submitting a duplicate one.

What Is a Public Records Request?

A public records request is a request submitted to a public agency to inspect or obtain copies of public records that the agency maintains. Depending on the jurisdiction, requests may be submitted in person, by phone, by email, or in writing using a request form, letter, or online portal. For example, the Florida Department of State accepts public records requests in person, by telephone, fax, email, or U.S. mail.

At the federal level, requests to most executive branch agencies are governed by the Freedom of Information Act (FOIA), while state and local requests follow each jurisdiction’s public records laws and procedures.

Public records requests help residents, journalists, researchers, and watchdog organizations understand how government decisions are made, how funds are spent, and how policies are implemented. They are a cornerstone of open government and can be especially important during elections, major public projects, or times of crisis.

How Much Do Public Records Requests Cost?

Public records are not always free.

Many laws allow agencies to recover certain reasonable costs associated with searching for, retrieving, reviewing, redacting, and reproducing records. For example, Georgia law expressly permits agencies to charge for “search, retrieval, redaction, and production or copying costs” related to fulfilling a public records request.

However, what counts as “reasonable,” and which charges are allowed, varies significantly by state and sometimes by agency.

Common Fees in Public Records Request Processing

Fees can vary greatly on a state-by-state basis.

Some states set a statewide fee schedule that agencies must follow, while others give local agencies more discretion to set fees within statutory limits. Still others limit the types of costs that can be recovered or prohibit certain labor charges altogether.

The table below highlights a few examples of how different states structure these common fee types.

Making Public Records Fees Fair and Transparent

In recent years, fee disputes have become more common, with some agencies attempting to charge very high fees and courts stepping in to define what counts as “reasonable” under state public records laws. The 2012 Wisconsin Supreme Court decision in Milwaukee Journal Sentinel v. City of Milwaukee, which held that agencies may not charge requesters for the cost of redacting records, and discussions of “reasonable” CORA fees in Colorado, highlight how judges have rejected excessive costs and emphasized that fees must not be used to block access. To build trust, some agencies are:

• Publishing clear fee schedules, as reflected in the Oregon Real Estate Agency’s public records requests fee schedule.
• Providing guidance for narrowing overly broad or unclear requests, as modeled by the Ohio Attorney General’s public records policy.
• Considering waivers or reductions when requests benefit the public interest, as in Tennessee’s public interest (“public good”) fee waiver language in the Tennessee Comptroller’s public records policy and related rules.

What Is Not Considered a Public Record?

In general, public records laws define what is covered and then carve out exemptions for specific types of information that are confidential, privileged, or protected by other statutes (such as privacy laws, juvenile records laws, or health information rules). That said, certain categories of information are commonly exempted across many jurisdictions.

The Two Main Types of Public Records Exemptions

Broadly, exemptions tend to fall into two groups:

1. Categorical Exemptions
   Certain types of records are exempt regardless of context.
2. Conditional Exemptions
   Records may be withheld only if disclosure would harm a protected interest, such as personal privacy, public safety, or ongoing investigations.

In practice, both categorical and conditional exemptions are applied to specific kinds of records that raise privacy, safety, or legal concerns. In accordance with FOIA, examples of information that is often exempt or heavily restricted include:

Under federal FOIA, “An agency must reasonably segregate portions within a record to release nonexempt information pursuant to FOIA after withholding any portions of the record that are exempt from disclosure.”

Because exemptions are nuanced, agencies should work closely with legal counsel and follow state-specific case law and guidance when applying them.

How a Public Records Portal Helps Residents and Staff

When a municipality or other public entity uses CivicPlus NextRequest, residents can submit and track records requests through an intuitive online portal that:

• Standardizes how requests are submitted and how agencies communicate with requesters
• Helps staff efficiently route, review, and collaborate on requests across departments
• Enables proactive publication of frequently requested records so residents can self-serve

As public records requests become more complex, agencies need a clearer way to manage intake, communication, review, redaction, and publication from one place.

With CivicPlus^® NextRequest, municipalities can offer residents a simple online portal to submit requests, track progress, and access frequently requested records, while staff rely on standardized workflows instead of scattered emails or manual tracking.

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