Alaska Public Records Law
The Alaska Public Records Act(APRA), as outlined in Title 40, Chapter 25, Article 1 of the 2023 Alaska Statutes, grants the public the right to inspect public records irrespective of their format or physical characteristics. These include books, papers, files, accounts, writings, and other materials developed or received by a public agency or a private contractor acting on behalf of the agency and which are maintained for their informational value or as evidence of the agency's organization.
Where Do I Submit a Public Record Request in Alaska?
In Alaska, there is no central office for public records requests. Therefore, you may submit your requests to the designated records officer of the relevant agency. Contact details for the appropriate records officers are available on the agency's official website.
How Do I Request Public Records in Alaska?
The procedure for requesting public records in Alaska is as follows:
- Identify the public agency whose records you seek
- Submit a written request to the designated records officer or the head of the agency, either in hard copy or electronically. Although oral requests are permitted, they may be denied, making a written request the most preferred method
- Pay the prescribed fees
- Await the agency's response
If your request is denied, you may file an appeal with the head of the agency within 60 working days from the date of denial
Several third-party websites provide online access to Alaska public records, making it easier to obtain these documents. However, the records available on these platforms may not always be up to date.
What Records are Public in Alaska?
There are various types of public records in Alaska. Common examples include:
- Property Records: Examples include deeds, tax property records, mortgages, and land use permits.
- Government Financial Records: These include budgets, expenditure reports, contracts, and audit reports.
- Vital Records: In Alaska, access to vital records, such as birth, death, marriage, and divorce certificates and records, is restricted to authorized individuals for a designated period. Birth certificates remain confidential for 100 years from the date of birth, while death, marriage, and divorce records are restricted for 50 years from the date of the event. Once these confidentiality periods expire, the records become public and can be accessed by anyone.
- Judicial/Court Records: These include case files, court orders, bankruptcy filings, and judgments. Alaska case files include records generated across the state's trial court system, which consists of appellate courts and trial courts.
- Law Enforcement Records: These include arrest records, criminal records, incident reports, inmate records, jail logs, and sex offender records. However, some law enforcement records may be exempt from disclosure if they could interfere with an investigation, violate privacy and confidentiality, reveal investigative techniques, or endanger individuals.
Who Can Request Public Records in Alaska?
Under the Alaska Public Record Act, any person can inspect and request copies of public records. The term "person", as referred to in this law, includes individuals, corporations, societies, associations, and partnerships.
What Is the Response Time for Public Records Requests in Alaska?
Records custodians in Alaska are required to respond to public records requests within 10 working days of receiving them. However, the response time may vary depending on factors such as the completeness of the request, whether the agency has custody of the records, and whether all applicable fees have been paid.
If an agency cannot fulfill the request within the initial 10-working-day period, it may extend the response time by an additional 10 working days. In such cases, the agency must provide the requester with a written notice explaining the reason for the delay and an estimated timeframe for when the records will be available.
What Is the Fee Charged for Providing Copies of Public Records?
Records custodians in Alaska may charge reasonable fees for the costs of copying public records. However, the fee must not exceed the agency's standard unit cost for duplication. The cost may include fees for photocopying, mailing, faxing, or electronically transmitting records.
If a public records request takes more than five hours of an agency employee's time to fulfill, the agency may charge for the additional labor based on the employee's salary and benefits.
What Records Are Exempted Under the Alaska Public Law?
Certain records are exempted from public access under Alaska's Public Record Act. These exempt records are outlined in Title 40, Chapter 25, Section 120, of the 2023 Alaska Statutes, and they include:
- Juvenile records
- Medical and public health records
- Records of vital statistics and adoption proceedings
- Records on active investigations
- Evaluations or preparations regarding state security
- Retirement records of state employees
- Information on electronic signatures
- Records that would endanger the life and safety of an individual
- Trade secrets