Louisiana Public Records Law
The public records law in Louisiana is specifically called the Louisiana Public Records Act (LPRA). The LPRA is a set of laws found in Chapter 1 of Title 44 of the Louisiana Revised Statutes. These laws provide for the maintenance and disclosure of public records and were promulgated to ensure that public documents are preserved and open to the public. The LPRA works in tandem with the Louisiana Open Meetings Law to ensure that the public is denied their rights to observe, examine, and record the deliberations and decisions of public bodies, except in cases established by law.
Where Do I Submit a Public Record Request in Louisiana?
According to the LPRA, the "custodian" of public records is defined as the public official or head of a government agency with control or custody of a public record, or any representative designated by the custodian to respond to public record requests. Therefore, requests for Louisiana public records must be submitted to the custodian or the designated representative of the custodian of the record needed.
How Do I Request Public Records in Louisiana?
Anyone interested in obtaining public records in Louisiana may follow these steps to complete their request submission:
- Determine the custodian of the record you need
- Ask or find out how the custodian accepts public record requests
- Prepare your request in the manner approved by the custodian. Include your contact information, name, and specific details that would enable the custodian to find the requested record in your request
- Submit your request in the manner approved by the custodian. Some agencies approve online, email, mail, and in-person requests.
- Pat the applicable fees
- Wait for a response
Note that some public records, such as property records, court case information, and vital records may be available on third-party websites.
What Records are Public in Louisiana?
All records of government bodies or entities are considered public in Louisiana except where records are exempted by other statutes or the provisions of the LPRA. Frequently requested public records in Louisiana include:
- Vital Records: Commonly requested vital records include marriage records and divorce case information. However, birth and death certificates are usually only available to parties with tangible interests in the records.
- Property Records: These include deeds, liens, and assessments.
- Court Records: Examples are district court records, family court records, parish court records, city court records, New Orleans municipal court records, New Orleans traffic court records, justice of the peace court records, and mayor's court records.
- Law Enforcement Records: These include crime statistics, arrest records, and police reports.
- Government Financial Records: Budgets, expenditures, and audit reports.
Who Can Request Public Records in Louisiana?
According to La. Rev. Stat. Ann. § 44:31, with an exception by any immediate legal statements, anyone who has reached the age of an adult has the right to inspect or copy Louisiana public records. Any person may be an individual, firm, organization, or associate.
However, per R.S. 44:31.1, a "person" is defined to exclude an individual held within custody once a felony conviction has been given along with the exhaustion of any appellate remedies for the individual. Such an individual may only request a public record related to their rights for filing to receive relief after their conviction according to Article 930.9 of the Louisiana Code of Criminal Procedure.
What Is the Response Time for Public Records Requests in Louisiana?
The LPRA states that a custodian must make a public record immediately available if the record is available and not in use. Otherwise, the custodian must promptly certify in writing, stating the hour within three days (except weekends and legal holidays) that the requester may inspect or obtain a copy of the requested record.
What Is the Fee Charged for Providing Copies of Public Records?
No fee may be charged to inspect or review any Louisiana public records, except as provided for under R.S. 44:32(C). However, the LPRA allows custodians of public records to collect reasonable fees for making copies of public records. Each agency typically publishes a schedule of its fees on its website. Typically, fees range between $0.25 and $1 per page for standard copies.
What Records Are Exempted Under the Louisiana Public Law?
Under Louisiana's Public Records Act, certain records are exempt from disclosure to protect privacy, security, and other sensitive information. Some key exemptions include:
- Records that would constitute an unwarranted invasion of personal privacy, including medical and treatment records, Social Security numbers, and some personnel files
- Records containing the identity of undercover police officers
- Records which concern status offenders as defined in the Children's Code
- Records collected and maintained by the Louisiana Bureau of Criminal Identification and Information
- Records related to ongoing investigations, intelligence information, or records that could endanger the safety of law enforcement personnel
- Juvenile records
- Attorney-client communications
- Trade secrets and proprietary information
- Sealed criminal records
- Income tax returns and related documents