Open Records

Arkansas’s public records law is the Arkansas Freedom of Information Act (FOIA), found at Ark. Code Ann. § 25-19-101 et seq. Signed into law in 1967, it’s considered one of the more comprehensive and citizen-friendly open records laws in the country, with a strict response window and real penalties for noncompliance.

Who can request records

Arkansas FOIA requests must come from an Arkansas citizen – following a 2013 Arkansas Supreme Court ruling, non-residents may not submit requests. A request doesn’t have to be in writing, though a written request is generally advisable since it creates a record if a dispute or litigation follows.

What’s covered

The law applies broadly to all branches of state and local government – executive, judicial, and legislative – including boards, commissions, and municipalities. A “public record” is any writing, sound, or video reflecting the performance (or lack of performance) of an official government function. Records are presumed public; several statutory exemptions can shield specific records from disclosure, and if a record contains both exempt and non-exempt information, the non-exempt parts must still be made available.

How to request

Direct the request to the “custodian of records” at the relevant agency. Be as specific as possible – the request must be specific enough for the custodian to locate the records with reasonable effort. Many agencies provide their own request forms or a dedicated email address; check the specific agency’s page for its preferred method.

Response timeline

Arkansas has one of the strictest response windows in the country: agencies generally must respond within 3 business days. Records that aren’t immediately available must still be made available within that same 3-business-day window under Ark. Code § 25-19-105. For records involving personnel or employee evaluations, the custodian must act within 24 hours of receiving the request. If a request is overly broad or burdensome, the agency may negotiate a reasonable extended timeframe with the requester.

Fees

– Agencies may only charge for the “actual cost” of reproducing records, plus mailing/transmission costs – Arkansas law does not allow charging for search or retrieval time on an hourly basis. – If the estimated fee exceeds $25, the custodian may require prepayment before producing copies. – Custodians must provide a breakdown of all charges upon request. – A custodian may offer discounted rates for non-commercial requests when doing so serves the public interest. – If an agency agrees to convert records to an electronic format that isn’t easily convertible, and that conversion takes more than 2 hours, additional fees may apply.

Exemptions

Common exemptions include certain personnel and evaluation records, records where privacy interests outweigh public interest (courts weigh these on a case-by-case basis), and other categories set out in the statute. Arkansas courts have held that FOIA should be construed liberally in favor of disclosure, since it was passed “wholly in the public interest.”

If your request is denied

Arkansas FOIA provides real remedies: you can file a complaint with the local prosecuting attorney, or pursue legal action in circuit court to compel compliance. Courts can order release of records and, in some cases, award attorney’s fees. Arkansas’s FOIA is also notable for carrying potential criminal penalties, including jail time, for willful violations by public officials – one of the stronger enforcement mechanisms among state open records laws.

A note on terminology

Arkansas’s law is officially the “Arkansas Freedom of Information Act” (FOIA) – the same basic type of law that other states call an “Open Records Act,” “Public Records Law,” or (in South Carolina) “FOIA Laws.”