Open Records

Michigan’s public records law is the Michigan Freedom of Information Act (FOIA), Public Act 442 of 1976, found at MCL § 15.231 et seq. It’s built on the principle that all persons – except those incarcerated in state or local correctional facilities – are entitled to full and complete information about government affairs and the official acts of public officials and employees.

Who can request records

Any person other than an incarcerated individual may request records. Michigan doesn’t require requesters to be state residents, and no justification for the request is required – a requester can use the information however they choose.

What’s covered

FOIA applies to “public bodies” broadly across state and local government. A request must sufficiently describe the record sought so the public body can locate it – including the words “FOIA” or “FOIA Request” in the request helps ensure prompt handling, though it’s not strictly required.

IMPORTANT EXCLUSION: COURT RECORDS AND VITAL RECORDS ARE NOT COVERED BY FOIA Michigan explicitly excludes court records and vital records (birth, death, marriage, and divorce records) from FOIA – requests for these should go directly to the court or the Vital Records Office, not through a FOIA request, which will simply be denied if misdirected.

How to request

Requests must be in writing – submitted by mail, fax, email, or through an agency’s online FOIA form. A request received by fax or email is generally deemed received the following business day.

Response timeline

Public bodies must issue a written response within 5 business days of receiving the request. Agencies may take a one-time extension of up to 10 additional business days if they provide written notice explaining the need for more time. The response must grant the request, deny it (citing the specific statutory exemption), grant it in part and deny it in part, or notify the requester of the extension.

Fees

– Public bodies may charge for labor (search, location, and examination of records; review and redaction of protected information), duplication costs, and actual mailing costs using a reasonably economical method. – The first hour of labor for monitoring an in-person inspection is free. – Fees must be uniform and not depend on who’s asking, and must be itemized using a standard detailed-fee form (as required since Public Act 563 of 2014). – If the estimated fee exceeds $50, the public body can require a good-faith deposit before providing records – capped at half of the total estimated fee. – Requesters who submit an affidavit of indigency can have the first $20 of any fee waived at some agencies (this specific waiver amount can vary by agency). – A public body may only charge fees at all if it has published its own FOIA fee procedures and guidelines, along with a public summary of them.

Exemptions

Common exemptions include information deemed private, trade secrets, advisory communications with government agencies, attorney-client communications, medical and psychological counseling information, campaign committee records, and certain law enforcement records.

If your request is denied

A requester may appeal to the head of the public body (the appeal must specifically state the word “appeal” and identify the basis for challenging the fee or the denial), or file a civil action in the Michigan Court of Claims. If a requester succeeds in court, they may be awarded attorney fees and costs – and punitive damages if the court finds the public body acted arbitrarily or capriciously in denying the request.

A note on terminology

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