Indiana Public Record Law

Indiana Code Title 5, Article 14, Chapter 3, commonly known as the Access to Public Records Act (APRA), outlines the public's right to access government records in Indiana. Enacted in 1983, the APRA establishes that all persons are entitled to complete information regarding the affairs of the government and the officials who represent them as public officials and employees. Under APRA, anyone may inspect and copy the public records of any public agency during its business hours.

Birth Records
Court Records
Criminal Records
Death Records
Divorce Records
Inmate Records
Marriage Records
Traffic Violation Records

Where Do I Submit a Public Record Request in Indiana?

In Indiana, public records are generally maintained by various state and local agencies, each responsible for processing their record request. Therefore, government agencies typically appoint an official called the Records Coordinator, responsible for maintaining, preserving, and receiving requests for public records created by their agency. The contact details for each state agency record coordinator are listed on the Indiana Archives and Records Administration website.

How Do I Request Public Records in Indiana?

Anyone may request public records in Indiana by taking the following steps:

  • Identify the record. Be sure of the document you need.
  • Contact the correct agency. Requests may only be submitted to the government agency that keeps the record.
  • Submit a request. Typically, all requests are made in writing and may be submitted in person, by mail, fax, or online.
  • Provide the required information, such as the full name of the person or entity on the record or specific details to help locate the record.
  • Some requests may require you to provide a valid ID.
  • Pay the fees. There may be fees for searching and making copies.

Some public records, such as court records, may be available on third-party websites. These sites offer convenient access to public records for a fee. However, keep in mind that information from third-party sources is unofficial and may not always be up to date.

What Records are Public in Indiana?

The following records are generally considered public in Indiana:

  • Vital Records: Birth certificates, divorce decrees, death certificates, and marriage licenses. Access to these records varies and may be restricted to the individual named on the record, family members, and authorized individuals.
  • Property Records: Property records accessible by the public in Indiana include deeds, mortgages, land surveys, and liens.
  • Judicial Court Records: Public judicial records include civil case files, criminal case files, probate records, and small claims records. Generally, the Indiana court system comprises Circuit Courts, Superior Courts, Probate Courts, Tax Courts, Town and City Courts, and Small Claims Courts.
  • Law Enforcement Records: Indiana residents may access public law enforcement records, including arrest records, incident reports, criminal history records, sex and violent offender records, and inmate records. While many law enforcement records are public, some records, such as active investigatory records or victim information, may be exempt from disclosure to protect ongoing investigations.
  • Government Financial Records: They include expenditure reports, contacts, audits, and budgets.

Who Can Request Public Records in Indiana?

Under Indiana's Access to Public Records Act, all persons may inspect and obtain copies of public records. "Persons" as defined by law are not limited to individuals. It includes corporations, societies, partnerships, associations, unincorporated associations, and governmental entities.

What Is the Response Time for Public Records Requests in Indiana?

In Indiana, the response time for public records requests is governed by Section 5-14-3 of the Access to Public Records Act. The required response time depends on how the request is submitted. Per state law, a public agency is required to acknowledge the request within 24 hours if the request is made in person and within 7 days if the request is mailed, faxed, or emailed.

What Is the Fee Charged for Providing Copies of Public Records?

Selection 5-14-3-8 of the Access to Public Records Act outlines the fees record coordinators may charge. Generally, state law does not permit charging fees for inspecting public records. State agencies may charge $0.10 per page for black and white copies and $0.25 for colored copies. Public record coordinators may charge a fee not exceeding $150 for records in formats like a computer tape or microfilm.

What Records Are Exempted Under the Indiana Public Law?

Under Indiana's Access to Public Records Act, most government records are open records. However, per Section 5-143-3-4 of the Act, certain public records are exempted from disclosure by public agencies unless mandated by a court order or state or federal statute. These records include:

  • Patient medical records and charts
  • Personnel files
  • Trade secrets and confidential financial information
  • Academic research and examination materials
  • Sensitive security and infrastructure information
  • Law enforcement investigatory records
  • Records designated as confidential records by statute
  • Personal identifying information such as Social Security numbers and driver's license numbers
  • Juvenile records