Arkansas Public Records

Arkansas public records are records maintained by a government agency concerning the transaction of their duties. Set in the state's code and legislature, the Arkansas Freedom of Information Act (AFOIA) directs state and local government bodies to gather and store records concerning their official duties. These bodies must also provide these government records, except for any exempt by the Act, to members of the public on request. It is essential in any democratic society that government business is conducted openly. Public records help report the duties, decisions, and performance of elected officials in Arkansas.

Are Arkansas Records Public?

Yes, The Arkansas Freedom of Information Act grants members of the public the right to learn about the duties of government agencies by requesting or copying records in their custody(A.C.A. § 25-19-102). Under the Freedom of Information Act, citizens may submit a public record request to examine or copy any public records in the custody of government agencies unless the Act exempts the records from public disclosure.

The Freedom of Information Act has listed several records exempt from public disclosure. Under A.C.A. § 25-19-105 6(b), various records may be exempted for different reasons, including violating privacy, giving an unfair advantage to a party during negotiations, or endangering a citizen or law enforcement.

Where such an exemption is applied during a request, the record may be altered with the exempted parts being removed or redacted. Access to the record may also be reduced to only a few authorized particles or by a court order.

Listed below are some records exempted from Arkansas Public Record Act requests:

Medical records
Adoption or education records
Grand jury minutes
Ongoing police investigation records of suspected criminal activity
State income tax records
Records of undercover officers
Personnel records whose disclosure would constitute an apparent and unwarranted invasion of personal privacy
Records concerning the protection of government buildings, such as security plans, safety procedures, and risk assessments

Arkansas Public Records Act

The Arkansas Freedom of Information Act has been in effect since 1967. It is a series of statutes from A.C.A. § 25-19-101 to A.C.A. § 25-19-110 of the state code. It was modeled after the federal Freedom of Information Act and intends to provide the public with access to records in the custody of government agencies. According to the Act (A.C.A. § 25-19-105(a)(1)(B)), only citizens who have been found guilty and incarcerated in a correctional facility cannot have access to public records.

Under the Arkansas Freedom of Information Act, public records come in various mediums, including writings, video and audio recordings, tapes, maps, and electronic or computer-based data.

Some records that can be classified under the Arkansas Freedom of Information Act include:

Court records and case information
Marriage records
Divorce records
Birth and death records
Inmate records
Sex offender information
Police incident reports

How Do I Find Public Records in Arkansas?

The Arkansas Freedom of Information Act recommends that agencies adopt clear procedures for public records act requests. Luckily, most agencies have similar steps in their public record request procedures. Common steps include the following:

Step 1: Select the required record and locate its custodian

Public records in Arkansas will have corresponding local or state office custodians who handle Public Record Act requests. Hence, the first step is to decide which record is needed and find the agency/custodian who takes such requests.

For example, county clerks usually handle general county requests; however, some agencies may have records units that handle any requests. Citizens may need to contact the court where a case was filed to request records of that case.

Step 2: Inquire about the record's availability and the agency's request rules

Record custodians in Arkansas will usually have instructions for public record requests. These will usually be found online on the agency's website. It will detail the requirements for making the request, submission methods, and any fees.

The Arkansas FOIA does not require custodians to compile or create records in response to requests. Most agencies will have a records department or public information unit with emails and phone numbers where requesters can seek aid.

Step 3: Preparing and submitting the public record request

Public requests for Arkansas public records are usually made in person at the agency office or in writing. Some requests can also be made online on the agency website. These requests can be submitted in various ways, including in person, by mail, email, facsimile transmission, or online.

Some agencies provide public record request forms online, which can be downloaded, filled out, and submitted online. Whichever the case, requesters will need to provide details of the record and the requester's contact information for the request to be processed. This may include a case number, page number, docket number or any other information pertinent to the record of interest.

Step 4: Pay any required fees

Arkansas record custodians are permitted by law to charge fees to process public record requests. The fees and accepted payment methods may differ between agencies. Accepted payment methods include cash, cheques, card payments, and money orders. This fee will usually cover the cost of copying, converting, or transmitting the records to the requester. In Arkansas, if the fee is over $25, the agency can request payment in advance.

Find Arkansas Public Records Free

Some government agencies in Arkansas offer inquirers free access to some public records. Requesters may be able to view documents online via a free database, or the agency may permit requesters free access via public terminals at their head office. Below are some examples of free access to public records in Arkansas:

Arkansas court records for the Supreme Court, the Court of Appeals, and several county district and circuit courts are accessible via the Administrative Office of the Courts Public Court Connect website.
The Benton County Clerk allows requesters to research records in person at the Circuit Clerk's office during office hours from Monday to Friday.
Members of the public can find county jail statistics, booking information, and inmate records via the inmate population dashboard on the Benton County Sheriff's Office website.
The County Clerk's office in Pulaski County provides public terminals in their lobby where court records can be viewed online for free.
The Arkansas Department of Safety allows the public to search for sex offender records online via their Arkansas Crime Information Center (ACIC) Sex Offender Registry Search.

It should be noted that though records can be viewed for free, physical copies may incur a fee.

What Happens if I Am Refused a Public Records Request?

When a Public Record Act request in Arkansas is denied, the record custodian must inform the requester in writing. The explanation must include the reason for the refusal, including any exemptions disqualifying the request.

Per A.C.A. § 25-19-107 of the FOIA, any citizen denied a request may appeal the denial at the Pulaski County Circuit Court or the circuit court in the judicial district of the aggrieved party. The appeal can also be filed at the appropriate judicial district in the county where the government agency is based.

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

According to the Freedom of Information Act, upon receiving a public record request, the custodian must evaluate the request and determine within 24 hours if it can be fulfilled. If the request cannot be fulfilled, the agency must notify the requester of the request's status within 24 hours. The notification must explain the decision, including any exemptions affecting the request. If the request is valid, it must be fulfilled within 24 hours of receiving it. If a record is in active use or off-site storage, it must be made available within three business days of the request.

Although the Freedom of Information Act provides timelines for fulfilling requests, these times are optional. Several facts may affect the time to fulfill a records request, including ease of reproduction and storage location. The custodian must be allowed reasonable time to fulfill the request but is mandated by law to inform the requester of any delays and let them know when the records will be made available.