Alabama OPEN RECORDS EXPLAINER

1. What is the Alabama Open Records Act?

The Alabama Open Records Act is a state law, located at Sections 36-12-40 to 36-12-46 of the Alabama Code, that gives members of the public the right to access “any public record” of state and local agencies and officials in Alabama. The Open Records Act is sometimes also referred to as the Public Records Act. In 2024, the Alabama Legislature enacted several important changes to the Open Records Act; those changes went into effect on October 1, 2024.

2. Who can make an open records request?

• Only Alabama residents have the right to request public records under the Open Records Act.[i] This should also include Alabama-based companies and organizations.

• Agencies are allowed to require you to provide reasonable proof of residency like an Alabama state ID.[ii]

3. Do you need to include an explanation of why you are filing your request?

• An open records request can be made for any valid purpose. This includes personal and commercial purposes as well as public-interest and non-profit purposes.

• The Alabama Supreme Court has said that an agency may deny a request that is purely speculative or unduly interferes with a public officer’s duties; but an agency should not deny a request because it disagrees with the purpose of your request or with what you plan to do with the records.

• Public agencies are allowed to require you to complete a simple form stating the reason for your request and other information.

Practice Tip: A broad, generic statement of the request’s purpose should generally be sufficient. Some requesters may want to include additional details and context regarding the purpose of their request, especially if they are planning to use the request in connection with public advocacy. Providing a purpose for your request can also be helpful in potentially getting discounts on fees from certain agencies.

4. Which government officials or agencies can you request records from?

• The Open Records Act applies to state and local government agencies and officials in Alabama—the governor, state agencies and boards, sheriff’s offices, county health departments, city councilpersons, mayors, police departments, town clerks, etc.

• Quasi-governmental bodies (such as waterworks boards and healthcare authorities) that receive certain benefits or exercise certain powers typically limited to public agencies are also covered by the Open Records Act.

5. What types of records can you request?

• Almost all records created or received by government employees in the course of their official duties are considered public records that state residents have a right to access under the Open Records Act, unless a specific exemption applies (see the next section for more about exemptions).

Practice Tip: Get creative with the types of records you request—emails, text messages, maps, videos—and the agencies you request them from.

• You must clearly identify the records you are seeking with “reasonable specificity”—an agency is not required to create new records or respond to requests that it considers too broad, vague, or ambiguous.

6. What types of records are exempt from being disclosed to you?

• An “exemption” (sometimes called an “exception” in Alabama) is a category of records that are not required to be disclosed to the public in response to an open records request. When a single record contains both exempt and non-exempt material, the agency can redact the exempt material.

• While the text of the Open Records Act only lists two categories of records that are exempt from disclosure,[iii] the Alabama Legislature has created numerous additional statutory exceptions to the Open Records Act—including, for example, one for law enforcement investigative reports and materials.[iv] The Alabama Supreme Court has also recognized several judicially-created exceptions.[v]

• There is a general presumption in favor of disclosure under the Open Records Act, and these exemptions are “narrowly construed” by Alabama courts—meaning that, if it’s a close case regarding whether or not the exemption applies, courts and the public agencies should lean toward disclosing, rather than hiding, the records.

• Agencies are generally required under the Open Records Act to provide you a reason for denying your request—this should include when they are claiming that an exemption applies.

Practice Tip: When making an open records request, you should ask the agency to state whether they are withholding any records they claim are exempt, specify which exemptions they claim apply, and release any non-exempt portions of records that contain both exempt and non-exempt materials. Remind agencies in your request that courts have said they must “narrowly construe” any exemptions.

• A full list of exemptions under Alabama’s Open Records Act is available in RCFP’s Alabama Open Government Guide

7. How and where do you make a request?

• The process for submitting a request varies depending on the agency you are submitting it to. Agencies may require you to complete a standard request form (like this request form from the Alabama Department of Corrections) and comply with written procedures established by the agency in order to make a request.[vi] For “time-intensive” requests (see below), agencies are required to have requesters fill out a standard form.[vii]

• Many state agencies and some local agencies in Alabama have published written procedures for handling records requests on their websites (like this Public Records Request page for the Alabama Secretary of State).

• Some agencies allow you to submit an open records request through an online portal (like this online request form for the City of Birmingham). Other agencies accept requests by mail, email, fax, hand delivery, or oral requests over the phone or in person.

Practice Tip: It is best to confirm the accepted methods of submission directly with the agency by checking their website or speaking with a staff person prior to submitting a request.

8. Can you get a fee waiver?

• You are generally permitted to inspect public records in-person free of charge.

• Agencies may charge (and in some cases are required to charge) a “reasonable fee”[viii] for providing physical or electronic copies of records, as well as for the staff time required to search for, retrieve, and prepare records for inspection or copying. The Open Records Act provides no guidance on what is considered “reasonable.”

• Before charging a fee, agencies are required to notify you of the estimated fee and give you the option not to pursue their request. Agencies are allowed to require you to pay all or part of the estimated fee before conducting a search for the requested records.

• In practice, many agencies in Alabama charge hefty fees for producing records, and the Open Records Act does not cap the fees an agency can charge.

Practice Tip: You can always ask for a fee waiver—for example, by making a case for the public interest/public understanding grounds for a fee waiver under the federal FOIA—but agencies in Alabama have no obligation to consider or grant fee waiver requests.

9. What is the process and timeline once a request is submitted?

• The 2024 changes to the Open Records Act created two tiers of requests that have different rules for when and how the agency is required to respond:[ix]

• Note: These timing requirements do not apply if the request is directed to the state judicial branch or the state legislature.

• Agencies still have a lot of leeway to delay their responses and extend the deadlines:

• The agency you are requesting records from gets to decide whether your request is "standard" or "time-intensive"

• If an agency contacts you to request clarification or additional information regarding the request, these timelines are “tolled” (paused).

• Agencies can unilaterally extend the deadlines for responding to both standard and time-intensive requests by simply notifying you in writing of the extension. The Open Records Act does not limit how many times the agency can extend the deadline.

Practice Tip: Persistent follow-up is often the best way, before resorting to litigation or public pressure, to get an agency to respond to an open records request. You should plan to regularly call, email, or visit the agency in person to inquire about the status of the request, particularly after the deadlines under the Open Records Act have passed.

10. What if the agency denies your request?

• There is no administrative appeals process under Alabama’s Open Records Act.

• If an agency denies all or part of your request, you can immediately file a lawsuit in the circuit court for the county where the agency is located, seeking a court order requiring the agency to produce the records. The lawsuit must be filed within two years of the date when the request was denied.

• In some cases, an agency’s delay or failure to respond to a request may be considered a denial that gives you the right to sue (see table above).[xi]