How to File a Public Records Request in Arkansas
The Arkansas Freedom of Information Act (FOIA), enacted in 1967 as Act 93, guarantees citizens of Arkansas the right to inspect and copy public records and attend public meetings at every level of government. The law applies to all state agencies, municipalities, counties, townships, school districts, and private organizations supported by public funds. Public records must be made available during regular business hours, and if records are not immediately available, the custodian must provide them within three working days. The burden of justifying any withholding falls on the government agency, not the requester. Arkansas courts have consistently interpreted the FOIA liberally in favor of public access. The law restricts requests to Arkansas citizens, excluding incarcerated felons, making it one of a handful of states with a residency requirement.
The Arkansas Freedom of Information Act
- Statutory Citation
- Arkansas Code Annotated §§ 25-19-101 through 25-19-112
- Response Deadline
- 3 working days
- Fee Provisions
- Custodians may charge only the 'actual costs' of reproducing public records, plus any mailing expenses. Agencies cannot charge for the time spent searching for or retrieving records. If separating exempt from non-exempt information is necessary, the custodian bears that cost. Agencies may request prepayment if reproduction costs exceed $25.
- Key Exemptions
- Major exemptions include state tax records, medical and adoption records, education records protected by FERPA, archaeological and historical site files, grand jury minutes, unpublished memoranda and working papers of the Governor and other high officials, ongoing law enforcement investigations, personnel records, attorney-client privileged communications, files that would give competitive advantage to bidders, identities of undercover law enforcement officers, and records relating to the security of public infrastructure.
- Appeal Process
- Any citizen denied rights under the FOIA may appeal immediately to the appropriate circuit court under Ark. Code Ann. § 25-19-107. The court must schedule a hearing within seven days. The court shall assess reasonable attorney's fees against the defendant if the plaintiff substantially prevails, unless the defendant's position was substantially justified. Fees may only be assessed against the plaintiff if the action was primarily frivolous or dilatory.
- Ombudsman
- Arkansas does not have a designated public records ombudsman. The Arkansas Attorney General's office provides guidance on FOIA issues and publishes the Arkansas Freedom of Information Handbook, but does not serve as a formal mediator or enforcement body for records disputes.
Read the full text of the Arkansas Freedom of Information Act
City FOIA Guides in Arkansas
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in Arkansas?
If you're dealing with missing records or unresponsive agencies in Arkansas, Project Paper Trail can help you follow the paper trail on development approvals.
Report a Concern