Open Records

Nebraska’s public records law is the Nebraska Public Records Statutes, found at Neb. Rev. Stat. §§ 84-712 through 84-712.09. It employs a similar basic format to the federal Freedom of Information Act: government records are presumed available for public inspection and copying, with specific exempt categories carved out.

Who can request records

Any person may request records – Nebraska law was amended in 2024 to extend access rights from state citizens to all state residents, and news media not domiciled in Nebraska are treated as residents for these purposes. No statement of purpose is required, and there are no restrictions on how records are used afterward.

What’s covered

Public records include all documents, in any form, belonging to any government agency at any level of Nebraska government.

How to request

Requests can be made in person, by mail, or online. A written request should include your name and contact information and a clear description of the records sought – Nebraska doesn’t require a stated reason, though providing one can help with fee-waiver requests.

Response timeline

Nebraska has one of the fastest statutory response deadlines in the country: agencies must respond as soon as practicable, but no later than 4 business days after actual receipt of the request. If the request can’t be fulfilled within that window, the agency must provide a written explanation, an estimated cost, and either access to the records, a written denial with legal basis, or an explanation of when it can be fulfilled – with an opportunity for the requester to modify the original request.

Fees

– Examining records in person is free during regular business hours. – Photocopies and electronic data: actual cost only. – For Nebraska residents: the first 8 cumulative hours of searching, identifying, redacting, or copying carry no charge for staff salary/pay – a special service charge only applies beyond that. – For nonresidents: the fee calculation can include a proportional charge for staff time from the start (a narrower free-time allowance than residents get). – The fee can NEVER include a charge for attorney review time to determine whether a legal basis exists to withhold records – this was affirmed by the Nebraska Supreme Court in Nebraska Journalism Trust v. Nebraska Dept. of Env’t and Energy (2024). – A deposit may be required in advance if the estimated cost exceeds $50. – Fee waivers or reductions are available when disclosure would contribute to public understanding of government operations and isn’t primarily for the requester’s commercial interest. – No fee for blank forms or fully redacted pages.

Exemptions

Common exemptions include personal information in student and personnel records, medical records, trade secrets, academic and scientific research, attorney work product, law enforcement/investigative records, certain archaeological records, and real estate appraisals.

If your request is denied

Requesters can petition the Nebraska Attorney General, who must decide the petition within 15 calendar days. Requesters can also go to court; if a complainant substantially prevails, the court may assess reasonable costs against the public body that denied access. If a court finds a denial was improperly issued, the responsible custodian can face a Class III misdemeanor charge and risk losing their position.

A note on terminology

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