FAQ

Arizona Public Records Law

Arizona law requires all officers and public bodies to maintain records reasonably necessary to provide an accurate accounting of their official activities and of any government funded activities.

Any record in the custody of an Arizona government entity that has a substantial nexus to government activity is considered a public record and is presumed to be subject to disclosure.  Griffis v. Pinal Cnty., 215 Ariz. 1, 4, ¶ 10, 156 P.3d 418, 421 (2007). Pursuant to A.R.S. section 39-121, the public has a right to inspect (i.e. view in person) public records. Pursuant to A.R.S. section 39-121.01, the public has a right to obtain copies of public records, subject to reasonable copy fees.

What are Public Records?

In most cases, anything created or received by a government agency or employee that relates to public business. This includes records created or received in the course of business (even if on personal computers). This includes all books, papers, maps, photographs or documentary materials, regardless of physical form or characteristics, including prints or copies of such items produced or reproduced on film or electronic media made or received by any governmental agency in pursuance of law or in connection with the transaction of public business. A.R.S. §§ 39-121.01(B) and 41-1350.

What Public Records are Available to the Public?

All public records are available for inspection unless

  • they are confidential by law (statute, rule, or privilege),
  • privacy interests outweigh the public’s right to know, or
  • disclosure is not in the best interest of the state.

Who Must Retain Records?

Any person elected or appointed to hold any elective or appointive office of any public body. Also included are the chief administrative officer, head, director, superintendent or chairman of any public body. A.R.S. § 39-121.01(A)(1).

Public bodies include the state; any county, city, town, school district, political subdivision or tax-supported district in the state; any branch, department, board, bureau, commission, council or committee of the before mentioned; and any public organization or agency supported in whole or in part or expending monies provided by the state or any political subdivision of the state. A.R.S. § 39-121.01(A)(2).

What Public Records are Not Subject to Release or Review?

Restrictions on the release of public records are found in dozens of Arizona Statutes and are, therefore, deemed confidential by law. In addition to records made confidential by law, Arizona courts recognize and protect the privacy interests of individuals and, sometimes, businesses. Additionally, if the release of a record will have an important and harmful effect on the County which outweighs the public’s right to know, a record may not be released.

If a record contains both protected and unprotected information, the protected information will be redacted before the record is provided to you.

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