Louisiana Public Records

Louisiana public records are documents containing information about the conduct of government agencies in the state. The Louisiana State Legislature enacted the Louisiana Public Records Act (LPRA) to protect the public's right to request, view, and make copies of public records. The LPRA also sets guidelines for maintaining and disclosing public records in the Louisiana government. Public records are essential as they provide the public insight into the various activities that allow for effective performance in the state.

Are Louisiana Records Public?

Yes, Louisiana records are public. According to La.R.S. 44:32 of the Louisiana Public Records Act, members of the public can access or make copies of these records on request. Thus, anyone can request public records without stating any reason for their inquiry. However, there are exemptions to what public record the requester can access.

Certain documents may be exempted from disclosure if the constitution provides an exemption rule like the right to privacy. According to La.R.S. 44:1 et seq. of the Public Records Law, some of the information exempted from public disclosure to preserve confidentiality in the state include:

Social Security Numbers
Security procedures and investigative techniques
Arrest and criminal juvenile records
Documents containing trade secrets
Public employee information
Health information of patients in hospitals, public schools, correctional centers, and mental health institutions.
Investigative records under the custody of the police or attorney.
Records related to lawyer-client deals
Proprietary information
Vital records such as certified marriage and divorce records.

Louisiana Public Records Act

The Louisiana Public Records Act, also known as Louisiana's Sunshine Law, was established in 1940 under the Louisiana State's legislature. The law states that no member of the public should be restricted from obtaining or making copies of public records. This empowers individuals with the right to request public records from a municipal or state agency in Louisiana.

Under LPRA, public records are documentary materials prepared, maintained, or retained for various purposes and by authorized state record custodians. A custodian is also required to provide a reasonable fee schedule for inquirers to obtain records in the state.

Some of the types of records accessible to members of the public in Louisiana include:

Birth records
Marriage Records
Immigration records
Criminal records
Voting records
Trial transcripts
City Council meeting minutes
Congress meeting minutes
Court records and case information

How Do I Find Public Records in Louisiana?

Members of the public can find various records in Louisiana in person or online using official government websites. Each authorized site offers online tools that help interested members request records and make copies for various purposes. Below is a general step-by-step procedure for obtaining a public record in Louisiana.

Determine the Type of Record to Request

When searching for public records, the first thing to do is find out what kind of record it is. During this process, the requester may also have to determine the record's availability for retrieval or duplication. However, in most cases, record custodians only retain records in a specific category. For instance, while law enforcement retains records pertaining to criminal activity, vital records are held by state and county Departments of Health.

Identify the Record Custodian

When finding a specific public record, the requester needs to confirm the authorized record custodian. It becomes easier to obtain a record when the official maintaining and keeping the record is known. For example, to obtain arrest records, one may visit the Sheriff's or Police Department. The requester may visit the Sheriff's official website and find out the process for retrieving a public document.

Make a Public Record Request

In Louisiana, inquirers can request public records using the sample FOIA request form. This form contains the right and necessary information required for a custodian to approve a record request. The following are some of the information in a record request form:

The type of record
The requester's full name
Requester's contact information
Name of the record custodian
Case number, docket number or page number depending on the record type
Fees for searching and copying the specified record.

The options available for submission in each office include in-person, online, mail, phone, and fax. Some of these options may be available for free, while others may require a fee.

Under the Public Record Law, custodians are not allowed to charge 'unreasonable fees' to process public record requests. However, eligible persons may contact the record custodian directly to request a fee waiver.

Find Louisiana Public Records Free

Interested persons can find Louisiana public records for free through online government official sites or authorized third-party websites. Inquirers can also perform a public record search for free by visiting the office of the custodian of the required record. For instance, the Louisiana Secretary of State provides a Death Records Index Database, allowing requesters to order free copies of death certificates. All certificates are for deaths recorded in Louisiana more than 50 years from the end of the current year.

What Happens if I Am Refused a Public Records Request?

According to La.R.S. 44:35 of the Public Records Law, a person denied the right to request a public record may appeal the record custodian's decision. If successful, the court will issue an order compelling the record custodian to provide the files sought. The law also states that requestors may file for a judicial writ should the custodian refuse the order or not respond within 5 business days. Failure to respond to action may also incur injunctive relief, payment of attorney fees, and other related damages.

If a person interested in making a public record request prevails at the court, a reasonable attorney fee and any other cost of litigation will be awarded. In cases where the requester prevails in part, the district court may award a reasonable attorney fee or a portion of the speculated amount.

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

It depends. If the record is not public, the custodian must respond to the request within three days. However, the record must be given to the requester immediately if it is publicly available. If the record is not subject to public disclosure, the custodian must also state the reason in writing and provide an estimated date when the public record will be available (if applicable).