Pennsylvania Public Records Law

Public record laws are a series of laws designed to ensure access to public records of governmental agencies. In Pennsylvania, this law is known as the Right to Know Law (RTKL). Under the RTKL, all local and state government entity records are presumed to be public and accessible to any person for inspection or copying. Agencies in Pennsylvania that are subject to the RTKL are commonwealth, local, legislative, and judicial agencies.

Where Do I Submit a Public Record Request in Pennsylvania?

Under Pennsylvania law, agencies are required to designate an employee or official to act as their agency open records officer (AORO). The AORO receives public record requests submitted to the agency represented and issues interim and final responses to public record requests. Therefore, public record request submissions must be made to the AORO of the agency maintaining the record you want.

How Do I Request Public Records in Pennsylvania?

The Pennsylvania Office of Open Records (OOR) provides steps that requesters may follow to file public record requests in the state. The steps include the following:

  • Determine which agency to ask
  • Find the AORO. The Pennsylvania OOR maintains an online searchable database that you may use to find AOROs in the state.
  • Prepare the request. Some agencies have their own request form. However, you may use the OOR's RTK Request form. Address the request to the AORO and ensure the request is concise and specific.
  • Submit the request. Requests may be submitted by email, fax, U.S. Mail, and in person.
  • Pay the appropriate fee. Although filing a request is free, you may be required to pay some fees before inspecting or receiving your record.

Alternatively, you may use third-party websites to view public records in Pennsylvania. These websites may charge a small fee to use their databases to find public records.

What Records are Public in Pennsylvania?

All government records in Pennsylvania are presumed public except where another law or an exemption within the RTKL is granted. Commonly requested public records in Pennsylvania include:

  • Vital Records: While birth and death certificates are typically only accessible to persons named on the records and authorized individuals, marriage and divorce records are available to the public.
  • Property Records: Examples include land records, deeds, liens, and property tax records
  • Judicial Records: Judicial records include court records from the common pleas courts, magisterial district courts, commonwealth courts, superior courts, and the supreme court.
  • Law Enforcement Records: Examples include arrest records, incident reports, and other police reports.
  • Government Financial Records: Financial records include budgets, expenditures, and audit reports.

Who Can Request Public Records in Pennsylvania?

According to the Pennsylvania RTKL, any person who is a legal resident of the United States may request public records in the state. Note that "any person" does not only refer to individuals. "Any person" includes associations, corporations, and other legal entities recognized by law.

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

Under the Pennsylvania Right-to-Know Law (RTKL), government agencies are required to respond within 5 business days of receiving a public records request. They may either provide the requested record, deny the request in writing, or acknowledge receipt and give an approximate date when the request will be granted or denied, which must not exceed an additional 30 days.

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

In compliance with the RTKL, agencies are not to impose fees for public records provided via email or other electronic means. However, the following fees may be charged for paper copies:

  • Up to $0.25 per copy for the first 1,000 copies (black and white copies).
  • Up to $0.20 per copy beyond 1,000 copies (black and white copies).
  • Up to $0.50 per copy (color copies).

Note that certification may cost up to $5 per record while fees may be based on the actual cost of reproduction for specialized documents.

While it is generally free to inspect public records, an agency may impose a fee in certain circumstances for the inspection of redacted records.

What Records Are Exempted Under the Pennsylvania Public Law?

The RTKL provides 30 exceptions to the public disclosure of government records under Section 708 of the law. These exemptions include:

  • A minor's name, home address, date of birth
  • Constituent requests to a member of the House or Senate
  • DNA and RNA records
  • Driver's license numbers
  • Employee numbers
  • Home addresses of law enforcement and judges
  • Home, cellular, or personal phone numbers
  • Identity of confidential informants
  • Library circulation information
  • Personal financial information
  • Personal medical information
  • Records that identify social service recipients, including welfare recipients
  • Social Security numbers
  • Spouse's name, marital status, beneficiary, or dependent information