Indiana Public Records

An Indiana public record refers to any document or information created or filed by public agencies in the course of official function. This includes physical and electronic files created or stored by Indiana government agencies and public office officials.

The governing statute for public records in Indiana is the Access to Public Records Act (APRA). The Act highlights and enforces the rights of citizens and members of the public to view, inspect, and make copies of public records. It also states that custodians of Indiana public records must make the records in their custody available upon request in the manner proscribed by Indiana law.

Are Indiana Records Public?

Yes. The Access to Public Records Act (APRA) guarantees any person the right to view and inspect copies of public records, whether or not the purpose for the request is stated (Indiana Code 5-14-3).

Be that as it may, the APRA exempts specific categories of public records from the general rule on accessibility. Such records may be declared confidential by federal law, state statute, court order (confidential records), or public agencies' discretion (discretionary records).

For example, documents containing trade secrets, confidential financial information, license examination transcripts, medical records, media recordings of an autopsy, social security numbers, and juvenile records are not public.

While the above records are confidential and restricted information, they may be disclosed to a law enforcement agency, a university police department (where they have legal interest), a court of law, Indiana's attorney general, a prosecuting attorney, parents, legal guardians, or the Department of Child Services where a minor is involved. Furthermore, discretionary records may be redacted to protect sensitive information when an agency must make non-confidential sections of the documents public.

Indiana Public Records Act

The Indiana Access to Public Records Act was signed into law in 2009 to protect and guarantee the rights of the public to access records of government bodies throughout Indiana. The statute's wording in IC 5-14-3-3 leaves no room for uncertainty on the phrase "any person" as it includes non-citizens and non-residents alike. Therefore, everyone has the right to access records in the custody of state or local government agencies except those specifically restricted by the Act. Where the law exempts a record from disclosure, the burden of proof is on the record custodian to provide a reason for denial, not the requester. The law also stipulates civil penalties for record custodians who unlawfully deny, refuse or delay public records requests.

Section 5-14-3-2 of the APRA defines public records as "writing, paper, report, study, map, photograph, book, card, tape recording, or other material created, received, retained, maintained, or filed by or with a public agency." Examples of public records available for public disclosure include:

Court Records and case information (unless restricted by court order)
Property Lien or Tax Information
Criminal History Records
Marriage or Divorce Records.

How Do I Find Public Records in Indiana?

Every agency may have peculiar rules for obtaining public records in their custody. However, general rules apply. Below is a detailed guide to retrieving public documents in Indiana.

Determine the record (s) and Its Custodian: To find a record, the searcher must "identify with reasonable particularity the record being requested." This means the searcher must have sufficient information about the record they seek and pinpoint what agency or agencies are typical custodians of such records. For example, if it is a criminal history record, the Indiana State Police or county sheriff will be the custodian of the record.
Confirm the Availability of The Record and Request Protocol: State departments and other official custodians of government records always indicate the services they offer, office directories, visiting hours, appointment scheduling information, contact information, and procedures for making record requests on their websites. Hence, inquirers may contact the agency to confirm the availability of a record, rules, fees for sending mail, and other formalities required for in-person requests.
Complete and Submit the Request: Requests for public records can be made through online PDF forms, e-mail, fax, mail, or telephone. The method used may determine how prompt the response will be. However, most requests will require inquirers to provide information to facilitate the search, such as a case number, page number, the record holder's name and/or birth date, the location, district, or city where the event occurred and any other details pertinent to a record search. The APRA states that requests made via phone call or physically must be acknowledged within 24 hours, while those done via mail or in writing must be acknowledged in seven days. Also, ensure that the request contains all the necessary details for the search and is in the format as instructed by the agency.
Clarify Payment Structures and Procedures: The APRA directs its agencies to only charge for copies and certification of documents. However, it is important to clarify if mail requests require postal fees and payment in advance for copies of the document requested. The mode of payment is just as important; agencies can accept credit/debit cards, money orders, checks, or cash payments.
Ensure Compliance with the Law: Confirm that the nature of the information is public and accessible to the public. Ensure that the request is addressed to the proper public agency or custodian. Furthermore, its information must comply with I.C. 5-14-3-3(a)(1) regarding reasonable particularity. The request will only be approved if it possesses sufficient and concise information to identify the records.

Find Indiana Public Records Free

Interested persons may access public records online and in person at the physical locations of the official record custodians at no cost. Government agencies will only charge individuals for making copies or certifying documents but not viewing or inspecting them. State and county government agencies often own and manage online directories, libraries, archives, and databases where curious persons and researchers can find the resources they need to find public records. Listed below are some agencies in Indiana, the documents they keep, and their available resources:

The Indiana State Library provides access to marriage, divorce, birth, and death records.
All County clerks are custodians of public records. All Indiana county clerks are listed in the Directory of Courts & Clerks.
The Indiana State Department of Health provides access to death and birth certificates online. These records can be ordered online, via mail, or by phone.
The Indiana Supreme Court has an online service that provides information about Indiana courts, including a case search portal and trial court remote hearings recordings.

What Happens if I Am Refused a Public Records Request?

Refusal of public records requests may come in any of the following forms:

Where the request is made in person or over a phone call, the agency may deny the request orally. But if the request was made in writing, the denial must be in writing, stating the specific exemptions authorizing them to restrict all or segments of the record.
Parts of the record may be incorrectly redacted: where public agencies exercise discretionary powers in withholding records, they may remove parts of the records they deem confidential.
The record custodian does not respond to or acknowledge the request within the specific time frame (usually seven days).
Where the requester has to wait for an unreasonable amount of time for the record custodian to produce the records requested. Although there are no allotted time frames in the APRA, records should be delivered within a reasonable time.

Specific categories of government records may be restricted from public access for statutory reasons, an order from the Supreme Court, or discretion by public agencies. Notwithstanding, any agency denying an individual's request for records must provide evidence or reason for refusal entrenched in the Indiana Access to Public Records Act or any other statute in force (IC 5-14-3-9).

Anyone who believes their request for access to public records has been unlawfully denied, restricted, and unreasonably delayed can seek legal remedies by filing a formal complaint or making an informal inquiry to the Indiana Public Access Counsellor. The complaint must be filed within 30 days of the denial. If the response after this stage is not satisfactory, the aggrieved party can then file a civil lawsuit in the circuit or superior court of the county where the request was refused.

How Long Does It Take to Obtain Indiana Public Records?

Per the Indiana Access to Public Records Act, the agency is to respond to and acknowledge requests for records made in person at the agency office or by telephone within 24 hours or for requests made by mail or fax within seven days. It is deemed denied if the agency fails to acknowledge the request within the above timeframe.

Government agencies cannot deny persons the right to view or inspect non-confidential documents because the requester chooses not to state the purpose of the request. On the condition that the person requesting the document specifies the record of interest in clear and concise details and the format prescribed by the custodian, state and local government agencies have to provide copies of the document, allow the requester to view and inspect the document at the agencies facilities or online within a reasonable time.