Alabama
Alabama Open Records Act
Ala. Code § 36-12-40 et seq.
Transparency Score: 67/100
Response Timeline
No fixed statutory response deadline. The 2024 amendment added acknowledgment tracks for requests but does not set a hard production deadline. Extensions permitted for complex requests.
Alabama residents only. 'Resident' means permanently domiciled in Alabama. Proof may include driver's license or voter registration. Changed from 'citizen' to 'resident' in the 2024 amendment. This is one of the more restrictive residency requirements among US states.
How to Submit a Request
Accepted Methods
Written requests recommended. In-person inspection is free. Proof of Alabama residency may be required.
Required Elements
- Description of records sought
- Contact information for response
- Proof of Alabama residency (if requested)
Optional Elements
- Preferred format
- Preferred delivery method
Fees
| Fee Type | Amount | Notes |
|---|---|---|
| Search (hourly) | USD20.00 |
Reasonable fee for actual costs. Executive branch: up to $0.50/page. Search time: up to $20/hr. No fee for in-person inspection of records. Fees should reflect actual costs of reproduction.
Fee Waivers
- In-person inspection of records is always free
- Possible fee waivers but no explicit statutory procedure
In-person inspection is free by statute. Other fee waivers are possible but there is no explicit statutory procedure for requesting them.
Exemptions
-
Library circulation records (§36-12-40(a))
-
Security and critical infrastructure records
-
Attorney-client privileged communications
-
Attorney work product and litigation strategy
-
Trade secrets and proprietary commercial information
-
Personnel disciplinary records
-
Identity of confidential informants
-
Records of ongoing criminal investigations
-
Medical and psychiatric records
-
Individual tax returns and financial records
Exemptions are scattered across the Alabama Code. The judicial branch is exempt from the Open Records Act. The 2024 amendment clarified several exemption categories.
Appeal Process
1
AG can provide guidance on records access issues but opinions are not binding.
2
File suit in circuit court to compel disclosure.
No formal administrative appeal body. AG can provide guidance but opinions are not binding. Court action is the primary enforcement mechanism. The judicial branch is exempt from the Act.
Request Templates
NFOIC Alabama Sample Request →
National Freedom of Information Coalition
RCFP Open Government Guide - Alabama →
Reporters Committee for Freedom of the Press
MuckRock Alabama Guide →
MuckRock
Alabama Press Association Resources →
Alabama Press Association
Records Retention
Ala. Code §41-13-1 et seq.
The State and Local Government Records Commissions approve Records Disposition Authorities (RDAs) that serve as retention schedules. No government records may be destroyed without prior commission approval.