Alabama Public Records

According to state law, an Alabama public record is any document available to the public. These records are typically created by government agencies in the course of their official functions and maintained in perpetuity for public access. Some examples of Alabama public records include death records, birth records, inmate and incarceration records, court records, property deeds, and business licenses.

The Alabama Freedom of Information Law requires all government and public agencies to make their records available to the public upon request unless otherwise prohibited by law. This law also empowers anyone to inspect and make copies of public records except for commercial purposes. Access to public records promotes transparency in government. It also aids academic or historical research, among others.

Are Alabama Records Public?

Yes. Records maintained by government establishments and public organizations in Alabama are public. According to § 36-12-40 of the Alabama Open Records Law, members of the public have the right to inspect and make copies of non-exempt public records except otherwise specified by statute or court order.

Per federal and state laws, certain documents containing restricted or confidential information may not be accessible to the public. In many cases, access to such sensitive records is limited to authorized individuals, public officers, or individuals armed with a court order.

Confidential records that are typically restricted from public access often contain the following details:

Identifying juvenile information
Information whose disclosure results in an unreasonable invasion of a person's privacy
Information about ongoing investigations or legal proceedings
Communication between an attorney and their client
Trade secrets
Information that threatens a person's right to a fair trial
Medical records
Information that reveals the identity or location of a confidential source

Alabama Public Records Act

Under the Alabama Open Records Law, every citizen has a right to inspect and make copies of any public writing of the state except restricted by law (§ 36-12-40, Code of Alabama 1975). The open records law charges government agencies with the responsibility of making public records in their custody available to everyone upon request.

According to Alabama State law, public records include all written, printed, or typed letters, books, papers, documents, and maps created or received in the execution of public function by public officers, counties, municipalities, and other subdivisions of government in the administration and transaction of public business. Requestors are not obligated to provide the reason for their request to access a public record.

Records containing confidential or non-public information are not obtainable via public record requests and are only available to authorized parties. Public agencies in Alabama are permitted by state law to charge reasonable fees for retrieving and preparing requested records.

The following records fit the legal and statutory definition of public records in Alabama:

Vital records such as birth, death, divorce, and marriage records
Criminal records, arrest records and incarceration statistics
Court records such as case files and dockets as well as case information
Property records such as deeds and plats
Licensing records
Registrant records
Election information.

How Do I Find Public Records in Alabama?

Alabama public records can be accessed via online databases or from physical repositories maintained at government establishments. The steps for finding Alabama public records are as follows:

Determine the Record and The Appropriate Custodian

To find an Alabama public record, inquirers must determine the record and find the appropriate custodian. Arrest records, for example, are typically maintained by the County Sheriff in the judicial district where a person is being held. Similarly, court records are obtainable from the courthouse clerk where a case was filed.

Verify record availability and requirements

Many agencies outline their requirements and rules on their websites, their fee schedule, and the available means of access. Hence, it is good practice to perform necessary due diligence before proceeding with the request to prevent a denial. Inquirers will also be required to know what information is needed to facilitate a search, including party name, birth date, page number, or case number, as well as other details that may be pertinent to the search.

Submit a public records request

Public records requests can be made orally, in writing, or online. Oral requests can also be made via phone calls, while written requests can be made in person, by mail, online, by fax, or by email. Downloadable public record request forms are usually provided on agency websites and can be filled out and submitted online, in person, or by mail. A request must contain sufficient identifying information about the target record, signatory, and contact information of the requestor for the agency's response.

Pay for the administrative services

Certain agencies require requestors to pay a fee to facilitate their record search, depending on the type and volume of the requested records. This fee usually covers duplication and retrieval costs. Different agencies have varying payment methods, procedures, and schedules usually outlined on their specific websites.

Find Alabama Public Records Free

Alabama Open Records Law permits public agencies to charge reasonable fees for retrieving and processing public records requests. However, many public bodies allow free physical inspection of their records at their offices and only charge a fee that covers copy costs for requestors who wish to make copies.

In addition to physical inspections, interested parties may find Alabama public records for free using online search databases provided by different custodial agencies and third-party information service providers. Alternatively, citizens may visit public terminals provided by agencies to look up their records. Searchable online portals provided by some agencies include:

Business entity records — The office of the Alabama Secretary of State.
Arrest records — Various county sheriff offices. For example, the Baldwin County Sheriff's Office arrest records search portal.
Inmate records — Alabama Department of Corrections.
Court records — Alabama Judiciary.

What Happens if I Am Refused a Public Records Request?

A custodian of records reserves the right to deny a public records request in part or in whole. One common reason is if the requested records are exempted under the state's Open Records Law. In certain circumstances, a record custodian may deny a public records request if the scope of the request is too broad. In such cases, the record custodian may ask a requestor to narrow their request by providing specific details.

Other reasons that may lead to a denied public records request include:

Lacking jurisdiction over the requested record
The record not existing at the time of the request
The requestor did not provide sufficient identifying information about the needed record.

If a public agency denies a record request, they must send the requestor a written explanation of why they were denied access. If a requestor is not satisfied with the explanation or finds it unjustifiable, they may appeal to a court with appropriate jurisdiction over the subject matter.

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

It depends. Although there is no fixed period for custodians to provide a record, the Alabama Open Records law requires public officers to acknowledge receipt of a public records request within 10 business days. Subsequently, the custodian must provide a follow-up response no more than 20 days after receiving a request.

If fulfilling a record request takes longer than 20 days, the record custodian must notify the requestor of an estimate of the additional time needed for the record to be provided. The additional time could be up to 45 days, added to the 15-day timeframe allowed for determining whether a record is non-public information or confidential.