Open Records

Alabama’s public records law is called the Alabama Open Records Act (sometimes also referred to as the Public Records Act), found at Ala. Code §§ 36-12-40 through 36-12-46. It gives every Alabama citizen the right to inspect and copy public writings held by state and local government agencies, unless a specific statutory exemption applies.

Who can request records

Only Alabama residents have the right to request records under the Open Records Act – this includes Alabama-based companies and organizations. Agencies can ask for reasonable proof of residency, like a state ID. A request can be made for any valid purpose – personal, commercial, public-interest, or nonprofit – and agencies generally cannot require you to state a reason, though some Alabama courts have allowed agencies to ask.

How to request

– Requests go directly to the specific agency or office holding the records (there’s no single centralized state portal). – Alabama law doesn’t require a particular submission method – many agencies accept email or an online form; some have dedicated public-records coordinators (a 2023 executive order directed state executive agencies to set up public-records webpages and designate a coordinator). – You can specify the format you want records in (printed or electronic), but agencies aren’t required to create new records, analyze data, or answer questions – only to produce existing records in their final form.

Response deadlines (updated 2024)

Alabama’s Open Records Act was substantially amended in 2024 (Act 2024-278, effective October 1, 2024), which for the first time introduced mandatory response deadlines: – Acknowledgment: agencies must acknowledge receipt within 10 business days. – Standard requests (records the agency estimates will take less than 8 hours of staff time to process): a substantive response is due within 15 business days of acknowledgment. – Time-intensive requests (more complex/larger requests): a substantive response is due within 45 business days of acknowledgment. Before the 2024 amendments, Alabama had no statutory response deadline at all – some older sources online still reflect that outdated standard, so note the 2024 change if you’re citing timelines.

Fees

Agencies may charge a reasonable fee for processing a request, and many will withhold records until payment is received. Fees can sometimes be waived for indigent requesters or other government agencies, depending on the agency’s own rules. There’s no uniform statewide fee schedule – costs vary by agency and by how much staff time and copying is involved.

Exemptions

The Open Records Act itself contains only two explicit statutory exemptions: library registration/circulation records, and records related to security plans or critical infrastructure whose release could endanger public safety. Beyond that, numerous other exemptions are scattered throughout the rest of the Alabama Code – common ones include law enforcement investigative materials, attorney-client communications, certain personnel records, and active criminal investigations. Alabama courts have held that all exemptions – statutory and judicially recognized – should be narrowly construed in favor of public access, with the burden on the agency to justify withholding.

If your request is denied

Alabama has no formal administrative appeals process for a denied records request. A civil lawsuit in state court is the main recourse if an agency wrongfully withholds records – which can be costly and time-consuming, so most requesters try to resolve disputes informally with the agency first.

A note on terminology

Alabama’s law is officially the “Open Records Act,” and you may also see it called the “Public Records Act” – these refer to the same law. (Some other states use different terms for the same type of law – for example, South Carolina calls its version “FOIA Laws” and Tennessee calls its version “Public Records Laws.”)