Alaska Public Records
Alaska public records are official documents, information, or data held by government agencies and generated in the course of official business. These records are typically considered open and available for inspection according to the Alaska Public Records Act (APRA). Public records are pivotal in fostering transparency, accountability, and civic engagement within Alaska. They empower citizens by providing accessible information about government actions, expenditures, and decision-making processes. This transparency is essential for holding public officials accountable and maintaining trust in governmental institutions. Additionally, public records are invaluable for legal and historical research. They serve as a foundation for understanding past events and upholding the rule of law.
Are Alaska Records Public?
Yes. Per the Alaska Public Records Act (APRA), public records are open for inspection or copying upon request, except when specifically exempt from disclosure. These exceptions are outlined in the Alaska Statutes § 40.25.120. Per APRA, a Public Records Act request would be denied if the record is in any of the following categories:
- Trade secrets
- Records of juveniles
- Investigatory records
- Health-related statistics
- Records that may unveil a person's electronic signature
- Reports concerning boat accidents, collisions, or other incidents
- Records containing sensitive information of the Alaska Gasline Development Corporation
- Details capable of disclosing personal information of participants of the Alaska Savings program
- Personal details, such as names and addresses, of participants in the Alaska higher education savings trust or the college tuition savings program
Alaska Public Records Act
The Alaska Public Records Act was established by the Alaska legislature and is codified in Sections 40.25.100 through 40.25.295 of the Alaska Statutes. This law facilitates the retrieval of records held by Alaska public agencies. Its primary objective is to balance safeguarding individual privacy rights and fulfilling the public's need for information. Notably, no constraints exist on inspecting or copying records based on citizenship or residency. Moreover, individuals are not obligated to disclose a specific purpose when seeking access to Alaska public records.
Alaska PRA § 40.25.220(3) defines a public record as materials created or received by a public agency or by a private contractor working for a public agency. Alaska public records include books, accounts, papers, files, and writings. They include:
- Arrest logs
- Inmate records
- Property records
- Driving records
- Bankruptcy records
- Business entity files
- Crime statistics and reports
- Criminal records
- Court records and case information
- Vital records (birth records after 100 years and 50 years for all marriage, divorce, and death records)
How Do I Find Public Records in Alaska?
Inquirers may find public records in Alaska at any local or state government agency. However, the method of retrieving public records varies by agency. Below is a detailed procedure for accessing public records in Alaska:
- Identify the specific record and its custodian:
To initiate the retrieval of public records in Alaska, identify the desired records and determine the government agency that maintains them. Public agencies have limitations and can only address records within their possession or control. They are not obliged to obtain records from or redirect requests to other agencies.
- Determine the record's availability and the agency's access requirements:
Upon determining the appropriate government agency overseeing the desired public record, contact the designated custodian via phone, email, or in-person visits to confirm the record's availability. The custodian's contact details are usually accessible on their websites. In addition, inquirers will also need to provide a case number, page number, docket number or any other information required to facilitate the search.
- Make a public records request:
Requesters can request public records online, by email, phone, fax, mail, or in person at the record custodian's office. Alternatively, individuals can submit a public records request form to retrieve the desired record.
When sending a request via email, requesters are to ensure that the details of such inquiry are included in the email body rather than as an attachment. Specifics regarding the requested records must be clearly stated to enhance the clarity and efficiency of the request.
- Pay required fees:
According to AS 40.25.110, individuals may need to pay fees for record copies after submitting a public record request. It is worth noting that a fee reduction or waiver is possible if a public agency deems the request to be in the public interest. Fees under $5 may be waived if they do not exceed the agency's payment arrangement cost.
Find Alaska Public Records Free
In Alaska, specific public records are available for free when inquirers make in-person queries to the custodian's office and online platforms. Free in-person record searches are provided by agencies that have public access computers. Government entities allow the inspection of public records during designated office hours. Additionally, these agencies might offer free access to Alaska public records through an online database. Below are some agencies that provide free access to Alaska public records:
- The Alaska Court System provides free access to court records via the Courtview portal and Case Management System.
- Interested persons can submit a query for sex offender records through the Alaska Department of Public Safety search portal at no cost.
- The Alaska Department of Administration, Division of Finance also makes Government financial reports accessible at no cost in Alaska.
What Happens if I Am Refused a Public Records Request?
In Alaska, a written request may only be denied under the following circumstances:
- If the record is unknown after a diligent search.
- Not in the agency's possession
- If the record has been destroyed according to retention schedules.
- If the record has been designated nondisclosure authorized by federal or state law;
- The record is in the agency's possession but has not yet been located.
According to 2 AAC 96.335, denial authority lies with the public agency head or a delegated employee. However, if a public record request is denied, the agency must communicate the reason for the denial. The initial written denial must specify reasons and legal grounds, signed by the issuer, with delegation noted if applicable, and include relevant regulations. The denial must inform the requester of appeal options, both administrative and judicial, clarifying the absence of adverse effects on rights for not pursuing injunctive remedies and the exemption from an appeal bond. Denials are issued upon delivery to the postal service or hand-delivery to the requester.
If a record is denied due to location uncertainty, the responsible office must persist in the search and update the requester on progress. Records subject to denial shall not be destroyed or transferred until at least 60 working days after written denial notification or if legal actions are pending until the requester exhausts those avenues.
According to 2 AAC 96.340, if a request for a public record is denied, the requester can seek reconsideration by submitting a written appeal to the agency head within 60 working days. The appeal must include:
- The denial date.
- The name and address of the person issuing the denial.
- Details about the denied records.
If the appeal relates to the agency's failure to respond within the appropriate time limit, it should specify the records sought, the public agency, and the request date. The 60-working-day period for filing the appeal begins when the denial is issued or, if no denial is issued, upon the expiration of the time the public agency should have responded.
How Long Does It Take to Obtain an Alaska Public Record?
Public agencies must provide an initial response to a record seeker within the first 10 working days of receiving a compliant public records request. If a public record is deemed a request for electronic services, the agency must notify the requester and explain the decision within 10 working days. During this period, officials will inform requesters of restricted information and provide accessible records. Extensions beyond the general timeframe may occur, but they must be at most ten (10) working days, accompanied by a reason such as consulting absent personnel, legal counsel, high workload, or searching extensive records.
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