Washington Public Records

A Washington public record refers to any document associated with the government's or performance of a governmental function that is organized, used, or maintained by any state or local agency.

As defined in RCW 40.14.100, these are considered legislative records where the Secretary of the Senate and the House of Representatives chief clerk is concerned.

All records preserved by state and local bodies are available for public viewing, inspection, and copying unless the law specifically exempts them.

In Washington, public records help in the establishment of a transparent and accessible government. This is necessary for a successful free society and for fostering faith and confidence in government.

While the state strongly promotes the disclosure of public records, Washington law permits withholding some information under the Public Records Act (RCW 42.56).

Are Washington Records Public?

Yes, Members of the public have access to most public records in Washington. However, this disclosure does not apply to other public records that are mandatorily exempted from public viewing, inspection, or reproduction.

Many of the exemptions in Washington public records are designed to safeguard citizens' privacy rights. Other exemptions are created to defend the investigative responsibilities of law enforcement bodies and other agencies with investigative roles, as well as the fair business interests of other individuals.

These exemptions may only sometimes mean that the entire record is withheld. In several unique cases, the agency must black out or clear the details mandatorily exempt from disclosure.

The following records are exempt from public inspection and copying per chapter RCW 42.56.210 of this Washington code:

Personal information of every individual and agency subject to RCW 42.56.230
All investigative, law enforcement, and crime victim information under RCW 42.56.240
Criminal records, as defined by Chapter 10.97 RCW
Employer information (RCW 50.13.060)
Court records or case information exempt from public access by court order

Washington Public Records Act

RCW 42.56.020, known and cited as the Washington Public Records Act or the Sunshine Law, is liberally construed to ensure that the fundamental right of citizens to view, inspect, and reproduce public records is guaranteed.

The Washington Public Records Act is one of the firmest open government laws in the nation. It reflects the desire of Washington citizens to understand the affairs and operation of their government. Assertive "sunshine laws" are essential to guaranteeing government accountability and clearness. In Washington State, those laws provide for public records and meetings.

All public records are presumed accessible unless categorized within the specific exemptions of the Public Records Act or other statutes that prohibit the disclosure of particular information or records.

Per RCW 42.56.030, the people of Washington do not yield their sovereignty to the public bodies that serve them. This policy insists that the citizens stay informed to maintain control over the instruments that the public bodies have created. Except for specific records that may violate a person's "right to privacy."

"Right of privacy," as used in this act, is invaded or violated only if disclosure of information about the person would be highly offensive to a reasonable person and is not of reasonable regard to the general public.

How Do I Find Public Records in Washington

Anyone who wants to find public records can initiate their requests thus:

In-person;
By mail, email, or fax; or
Over the telephone.

Requesters must first identify which local agency or body is in charge of the public record that they need. Consequently, a public records request must be for identifiable records. A request for all or public records prepared, owned, used, or maintained by an agency is not valid for identifiable records per this act.

One may get the residential and contact information of members of any state agencies in current telephone directories by reaching out to the Secretary of State's "Ask a Librarian" service at 360-704-5221.

Each state and local body is responsible for providing adequate assistance to members of the public in fulfilling their desire to obtain public records and to clarify how the agency's public records process works.

The custodians of any agency must make requested public records available to citizens for inspection or copying during customary office hours unless the records are exempt from disclosure.

Inquirers must make their requests as specific as possible. Thus, a written request is most suitable as it helps identify the records anyone desires to view, inspect, or copy. Many offices and counties also issue requesters with a public records request form. In either case, the inquirer must furnish the custodian with information to facilitate the search. This may be a case number or page number (for court or property information), a death, marriage, divorce, or birth date (for vital records), and the location, city, or district of the event (for nationwide searches).

After inspecting the public records, the individual may identify those records they desire, and if copying does not affect agency procedures, such copies will promptly given to them. Several agencies are invested with the legal right to enact reasonable rules to protect records from disorganization and to prevent disorder of agency functions.

Per this Public Records Act, a state or local agency is expected to public an index as a possible aid to people who need to find or view public records.

Find Washington Public Records Free

Washington grants interested persons access to view, inspect, and copy public records within the provisions of the Public Records Act and other related Washington laws or statutes.

Anyone interested in finding or copying Washington public records for free must identify the agency in charge of that public record and express their interest in writing. The Washington Department of Revenue, for instance, issues requesters with an online form for making public records requests at no extra charges.

Regardless, the respective agency may impose a nominal fee for providing copies of these public records.

What Happens if I Am Refused a Public Records Request?

If an inquirer is refused a public records request in Washington, then, the agency has violated their right per the PRA. On that note, they may proceed with one of these options:

Court Review: If either a state or local agency denies one's request to inspect or copy a record, the individual may file a lawsuit in the county's Superior Court to require the agency to release the record.

The burden of proof is on the agency to affirm that its denial of inspection is proper. A court action must be filed within one year of the agency's claim of exemption.

Attorney General Review: If it is a state agency that denies the inquirers, they may request the Office of Attorney General review.

The requester must send a written request for the Attorney General's review, along with a copy of their initial request, the agency's response, the request for internal review, and the agency's final response to the request.

When a state agency denies access to a public record and cites an exemption from public disclosure, the Attorney General has the authority to review the agency's denial under RCW 42.56.530.

Upon request, the Attorney General's Office shall provide a written opinion on the records exemption from public disclosure. This review provides citizens the opportunity to obtain a second, independent review of their public records requests without going to court.

The Attorney General may not issue an opinion in certain circumstances outside their jurisdiction.

How Long Does It Take to Obtain a Washington Public Record?

Agencies are mandated to respond promptly to every public record request within 5 business days after receiving a request.

The agency must either:

Provide the record(s)
Provide an internet address and link to the record(s) on their website.
Recognize the individual's request and give them a reasonable estimate of the response time.
If needed, acknowledge the record request, demand clarification, and provide an estimate of time to respond if not defined.
Reject the record request in writing, with vital justifications for the denial (whether in part or whole). The agency must cite the specific law for such an exemption.

If the requester receives a written denial from an agency, they may request the agency to conduct an internal review of its denial. However, the agency's decision to deny a request is deemed final two business days after the denial for purposes of judicial review.

The Obtaining Public Records Brochure contains more information on obtaining public records.