How to File a Public Records Request in Indiana
Indiana's Access to Public Records Act (APRA), enacted in 1983, affirms that government is the servant of the people and that all persons are entitled to full and complete information regarding the affairs of government. The law covers any public agency — cities, counties, schools, law enforcement, and state boards — and broadly defines public records as any writing, photograph, recording, or electronically stored data created, received, retained, or filed by a public agency. There is no citizenship requirement to file a request, and you do not need to state why you want the records. Agencies must respond within 24 hours to in-person or phone requests, and within 7 calendar days to written requests. The burden of proof to justify withholding always rests on the agency, not the requester.
The Indiana Access to Public Records Act
- Statutory Citation
- Indiana Code Title 5, Article 14, Chapter 3 (Ind. Code §§ 5-14-3-1 et seq.)
- Response Deadline
- 7 calendar days
- Fee Provisions
- Agencies may not charge fees for inspection of records. If copies are requested, state agencies may charge up to $0.10 per page; all other agencies may charge only actual copying costs. Agencies cannot charge for labor, overhead, searching, or review time. Requests for electronic copies are generally provided without charge unless a fee for the electronic transfer medium itself applies. Agencies must separate and redact confidential portions rather than withhold entire records due to cost concerns.
- Key Exemptions
- APRA includes 12 mandatory exemptions (records that must be withheld regardless of agency discretion) and 23 discretionary exemptions (records agencies may but are not required to withhold). Mandatory exemptions include trade secrets, individual medical records, Social Security numbers, and records declared confidential by federal or state statute. Discretionary exemptions include criminal investigatory records, attorney work product, attorney-client privileged communications, deliberative or advisory materials used in agency decision-making, certain personnel file information, and school safety plans.
- Appeal Process
- If a request is denied, the agency must provide a written explanation citing specific statutory authority and the name and title of the responsible person. The requester may then contact the Indiana Office of the Public Access Counselor (PAC) at www.in.gov/pac for informal assistance or file a formal complaint within 30 days of the denial. Consulting the PAC is not mandatory but is strongly advisable: under Ind. Code § 5-14-3-9(i), a prevailing plaintiff in a subsequent lawsuit is entitled to attorney fees only if they first sought and received a PAC opinion. The ultimate enforcement mechanism is a civil lawsuit filed in the circuit or superior court of the county where the denial occurred, in which the agency bears the burden of proof.
- Ombudsman
- Indiana's Public Access Counselor, housed within the Office of the Attorney General and reachable at www.in.gov/pac or (317) 234-0906, issues advisory opinions on APRA disputes and provides informal guidance to both requesters and agencies. Consulting the PAC before filing suit is critical to preserving the right to recover attorney fees if litigation becomes necessary.
Read the full text of the Indiana Access to Public Records Act
City FOIA Guides in Indiana
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 Indiana?
If you're dealing with missing records or unresponsive agencies in Indiana, Project Paper Trail can help you follow the paper trail on development approvals.
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