Idaho Public Records

Idaho public records are official documents that pertain to the conduct of state and local government agencies in Idaho. The Idaho Public Records Act obligates these agencies to open public records for inspection or copying by anyone in the state. The Idaho Attorney General is responsible for ensuring all government agencies and officials comply with the provisions of the Public Records Act.

The Idaho Legislature continually ensures a balance between the competing interests of public access and a person's right to privacy by exempting certain records or portions thereof from public disclosure. Individuals who are improperly denied access to public records in Idaho can challenge the government entity's refusal to provide access to the record. Idaho Public Records Act protects citizens' right to monitor government agencies' actions by providing access to their records. Additionally, access to public records helps to enhance government transparency.

Are Idaho Records Public?

Yes. The Idaho Public Records Act gives members of the public the right to examine and make a copy of any public record of the state. Notwithstanding, Idaho law exempts certain records from public disclosure, including:

Trade secrets (Idaho Code § 74-107);
Juvenile records (Idaho Code § 74-105 (2));
Hospital care and medical records (Idaho Code § 74-106 (13));
Investigatory records of a law enforcement agency (Idaho Code §74-105 (1));
Personnel records of public officials (Idaho Code § 74-106 (1));
Records contained in court files of judicial proceedings prohibited by the Idaho Supreme Court Rule (Idaho Code § 74-104);
Records or maps identifying the location of geophysical or archaeological sites or endangered species, especially when unknown to the public (Idaho Code §74-108).

Idaho Public Records Act

The Legislature affirmed the state's commitment to an open government by enacting the Idaho Public Records Act in 1990. The Act was re-codified in 2015, and the changes are incorporated in the Idaho Public Records Law Manual. Specifically, the Public Records Act is outlined in Idaho Code § 74-101 through §74-127.

Per Idaho Code §74-101(13), a public record refers to any writing containing information on the conduct of the public's business maintained by any government agency. Such writings can be in various formats like typewriting, photographing, printing, handwriting, and every means of recording like sounds, letters, pictures, words, or symbols, and all papers, paper tapes, maps, photographic films and prints, and discs. Examples of the types of records open to the public in Idaho are:

Court records
Criminal records
Arrest records and warrants
Inmate and jail records
Property records
Bankruptcy records
Vital records:
- Death records after 50 years
- Birth records after 100 years
- Marriage and divorce records after 50 years

How Do I Find Public Records in Idaho?

State and local government agencies have different procedures for accessing public records in their custody. However, the following steps are typically required in order to access public records in Idaho:

Step 1: Determine the desired record and identify the custodian: The requester must know the specific record they need and the designated custodian. Requesting a record from the wrong custodian can lead to delays in the inquiry/search process. Therefore, requesters must do due diligence to research the custodian in charge of the records of interest. For example, court records can be obtained from county clerk offices, and jail records are available at county sheriff's offices.
Step 2: Record availability and access requirement: Each record custodian has several rules guiding public records availability and access. Therefore, record seekers must review them (usually on their website) or contact the custodians via phone or email to learn the requirements for obtaining public records. In most case, the requester will need to provide information with which to facilitate the search. This includes case information like party names, the judicial district of filing and details such as a case number, docket number or page number of the document being sought.
Step 3: Requesting public records: The method of submitting a public record request differs by agency. However, the general mode of accessing public records is online, by mail, email, phone, mail, or in person at the custodian's office. In most cases, record custodians comply with the Idaho Code § 74-102(4) that all public records requests be made in writing. The written request must specifically describe the subject matter and records sought (like the date range for when the desired record was created). Most written requests require a mailing address and telephone number to be provided by the requester to assist the public agency in clarifying the request.

Additionally, most government agencies have public record request forms that can be filled out online or must be downloaded, completed, and submitted to obtain public records. For example, the Idaho Department of Health and Welfare provides a Public Records Request Form that can be sent to the Department by email, fax, or mail.

Step 4: Pay the necessary fees: Per Idaho Code § 74-102, public agencies are not permitted to charge fees for the first two (2) hours of labor in searching for a public record or copying the first 100 pages of public records. Typically, public agencies will charge fees for public records from which nonpublic information must be redacted. They can also charge fees for duplicating public records in analogous formats like computer tape, discs, or microfilm.

Find Idaho Public Records Free

Individuals can find Idaho public records at no cost online or in person through public terminals at various record custodian offices. These free public records are usually made available through the websites of government-operated agencies or portals. Examples of such agencies or databases are:

The Idaho Courts offers an ICourt portal where individuals can find court records for free.
The Idaho Department of Correction (IDOC) provides access to inmate and sex offender information at no cost through Resident/Client Search and Sex Offender Search portals.
The Canyon County Recorder Clerk provides access to free property records online and in person through public terminals available in the Recorder's Office.
The U.S. Bankruptcy Court for the District of Idaho has public terminals at the Clerk's offices in Boise, Coeur d'Alene, and Pocatello, where requesters can view public dockets on cases free of charge.
The Ada County Sheriff's Office uses its Arrest and Warrant portals to provide access to arrest reports and warrants at no cost.

What Happens if I Am Refused a Public Records Request?

Individuals should know that their public record request is denied if there is no response to their requests within ten (10) working days of sending the request. When a request for public records is rejected, the public agency will notify the requester in writing of the denial (Idaho Code § 74-103 (4&5). The notice will state that an attorney reviewed the request. It would also indicate the basis for the denial and clearly state the requester's right to appeal it and the timeframe for doing so. Generally, the requester has a 180-day period to seek court relief (Idaho Code § 74-115). This is done by filing a petition in the county's district court, where the records are located. After filing the petition, the court will set a time for the agency to file a response and for a hearing that does not exceed 28 days.

How Long Does It Take to Obtain an Idaho Public Record?

Pursuant to Idaho Code § 74-103(2), it takes about 3 working days for custodians, upon receipt of requests, to either grant or deny a person's request to access public records. The employees may request an extension of 10 working days of the public agency if more time is needed to retrieve the public records. A notification would be sent to the requester to this effect. The agency would have to notify the requester if an electronic document is requested that has to be converted to another electronic format, and such conversion cannot take place within 10 days. The converted public record would be provided based on the agreed-upon time the agency and the requester decide.