Washington Public Records Law
The Washington Public Records Act (PRA) grants members of the public the right to inspect and copy documents related to government activities or functions that are created, owned, used, or kept by any state or local agency. This law is designed to promote transparency and accountability in government operations in Washington; to this end, any interested party may request access to public records without stating the purpose of the request.
Where Do I Submit a Public Record Request in Washington?
Per the Public Records Act, every state and local agency in Washington must appoint a public records officer to handle records requests and ensure compliance with the act's disclosure requirements. State agencies are required to publish the contact details of their public records officer in the Washington State Register, while local agencies must also do so publicly, usually on their websites, at their offices, or in publications.
As such, you may submit your public record request in Washington directly to the public records officer of the agency holding the record(s) in question.
How Do I Request Public Records in Washington?
Here are the general steps for requesting public records in Washington:
- Determine the agency holding the record.
- Identify the agency's public records officer.
- Submit a request through the public records officer. Requests may be submitted in person, or via mail, email, fax, telephone, or online portals, if available.
- Pay the associated fees. Note that you may also be required to provide a valid ID to access some records.
You also have the option of requesting certain Washington public records through third-party websites. Note that, while this is often a more convenient means of requesting public records, you may be charged a service fee (in addition to the regular records fees).
What Records Are Public in Washington?
There are several types of public records available in Washington, including:
- Judicial/Court Records: These include civil and criminal case files, probate documents, bankruptcy records, court orders, and other documents generated and maintained by Washington's Superior Courts, District Courts, and Municipal Courts (the state's trial courts).
- Property Records: These include building and zoning permits, deeds, mortgage records, property tax assessments, and other similar documents.
- Law Enforcement Records: These include incident reports, arrest records, jail records, sex offender registry information, and criminal records. However, it should be noted that access to certain criminal records may be restricted.
- Government Financial Records: These include budgets, audit and expenditure reports, and contracts.
- Vital Records: while birth, death, marriage, and divorce certificates, are not subject to public disclosure under the state's Public Records Act, non-certified informational copies of some of these records may be accessible to the public. It should be noted that these informational copies cannot be used for legal purposes.
Who Can Request Public Records in Washington?
The Washington Public Records Act does not place any restrictions on who may access public records. As such, any person, including Washington residents and non-residents, as well as businesses and organizations, has the right to inspect, examine, and obtain copies of public records in the state.
What Is the Response Time for Public Records Requests in Washington?
Any state or local agency in Washington that receives a public records request is required to respond within five business days. The response may include providing the requested record(s), acknowledging the request and providing an estimated response time, or denying the request, with specific reasons for doing so.
What Is the Fee Charged for Providing Copies of Public Records?
Per the Washington PRA, agencies may charge a reasonable fee for providing copies of public records and using their equipment to make these copies. However, this fee must not exceed the actual cost of copying the records and must be calculated using the most cost-efficient method available. As such, the cost of obtaining copies of public records in Washington typically varies by agency.
In situations where an agency has not established and published a fee schedule, then they may charge the following statutory fees:
- 15 cents per page for paper copies
- 10 cents per page for scans
- 5 cents per four electronic files
- 10 cents per gigabyte for electronic transmission
- The actual cost of digital storage devices, postage, or envelopes, where applicable
The agency may also charge a flat $2 fee if it estimates that the total cost of providing copies of the requested records meets or exceeds this amount.
What Records Are Exempted Under the Washington Public Records Law?
Certain records are exempt from disclosure under the Washington PRA. These exemptions include:
- Records containing personal information like Social Security numbers, residential addresses, and financial information
- Health care information
- Information identifying witnesses to or victims of a crime
- Information contained in gang databases
- Trade secrets
- Records that could compromise security, such as infrastructure or cybersecurity details
- Privileged attorney-client communications