Act 309 and Arkansas Public Records: Requests, Fees, Denials

Under Arkansas public records law, any Arkansas citizen can inspect and copy records held by state and local government bodies during regular business hours, without having to explain why. The statute, part of the Arkansas Freedom of Information Act, covers meeting minutes, emails, contracts, financial records, and most other documents a government agency creates or holds. It also sets specific deadlines for agencies to respond, caps what they can charge for copies, and gives you a fast route to court if you’re turned down.

Who Can Request Records

Any Arkansas citizen may inspect and copy public records. That right specifically includes copying by photography, video recording, and digital capture, so you can walk into an office and photograph documents with your phone. You don’t have to state a reason or describe how you plan to use the records.¹

There is one hard exclusion. If you have pleaded guilty to or been convicted of a felony and are currently incarcerated, you cannot inspect or copy public records, and no one can make the request on your behalf except an attorney seeking records that are otherwise subject to disclosure.¹

How to Make a Request and What the Agency Must Do

Submit your request in writing to the custodian of the records. The custodian must respond in writing and tell you one of three things: the records don’t exist, the records exist but are exempt (and which exemption applies), or the custodian doesn’t control the records and can point you to whoever does.¹

Deadlines depend on what you’re asking for:

For personnel or evaluation records, the custodian has 24 hours to decide whether the records are exempt, and must make every effort to notify both you and the person whose records you requested.¹
For records in active use or in storage, the custodian must confirm that in writing and set a date and time within three working days when you can access them.¹

One important limit: custodians are not required to compile information or create new records to answer your request. If you ask for a spreadsheet summarizing data scattered across many documents, the agency can decline. You’re entitled to records that already exist, not to custom research.¹

You can also request records in any format the agency readily has available or can convert to using its existing software.¹

What Copies Cost

Fees are capped at the actual cost of reproduction. That means paper, ink, storage media, and equipment maintenance. It does not include the salary or time of agency employees who search for, retrieve, review, or copy the records. The custodian can also charge actual mailing or electronic transmission costs.¹

If the estimated fee exceeds $25, the custodian can require payment in advance, and you’re entitled to an itemized breakdown. Fees may be waived or reduced when the records are requested for noncommercial purposes and the custodian determines a waiver serves the public interest.¹

What’s Exempt From Disclosure

Not every record held by a government body is open. The most common categories you’ll run into:

Personnel records. Employee evaluation and hiring records are generally not open, though information such as salary and job title typically remains accessible.
Unpublished academic research.
Litigation files and attorney-client communications tied to pending matters.
Medical records held by government agencies.

When a custodian denies your request based on an exemption, the written response must identify which specific exemption applies. A blanket refusal without citing a legal basis is itself a violation of the FOIA process.¹

A separate statute, Arkansas Code § 12-6-701, makes any photograph, video, or audio recording that depicts or records the death of a law enforcement officer confidential and exempt from FOIA. The definition reaches body-worn camera and dashboard camera footage. Family members of the deceased officer can access the recording, and the employing agency and authorized training entities, including the Arkansas Law Enforcement Training Academy and the Criminal Justice Institute, may use it for internal review or training.² The exemption is narrow. Body camera and dashboard footage from traffic stops, arrests, or other incidents in which no officer died is still subject to the same FOIA rules as other public records.

If Your Request Is Denied

You can go straight to circuit court. For requests involving a state agency or department, file in Pulaski County Circuit Court or the circuit court where you live. For requests involving a county, city, township, school district, or private organization that spends public funds, file in the circuit court for that jurisdiction.³

The court must schedule a hearing within seven days of your written application and decide the case. That speed is one of the strongest enforcement tools in the Arkansas FOIA. If the agency still refuses to comply after the court orders disclosure, it can be held in contempt.³

Attorney Fees

If you file suit and obtain a significant or material portion of the records you requested, the court will generally order the agency to pay your reasonable attorney fees and litigation expenses. The exception is a finding that the agency’s position was substantially justified. If the agency wins, the court can only make you pay the agency’s expenses when your lawsuit was primarily frivolous or filed for delay.³

Claims Against State Agencies

One wrinkle: if your lawsuit is against the State of Arkansas or a state department, the court cannot directly order the state to pay your attorney fees. Instead, you file a claim with the Arkansas State Claims Commission within 60 days of the final disposition of your case to recover those costs.³

Penalties for Violating the FOIA

Any person who negligently violates the Arkansas FOIA is guilty of a Class C misdemeanor, which under Arkansas law carries a fine of up to $500, up to 30 days in jail, or both. Criminal prosecution of records custodians is rare in practice. The real pressure comes from the civil side: a court order on a seven-day timeline, contempt exposure, and the prospect of paying your attorney fees.