Ohio

Ohio Public Records Act

Ohio Rev. Code § 149.43

Open Records Transparency: 60/100 (good) Transparency Score: 60/100

Response Timeline

Ohio does not specify exact time limits. Agencies must make records available "promptly" for inspection during regular business hours and provide copies "within a reasonable period of time." Courts have recognized that delay can constitute a denial for appeal purposes. For video records, agencies may take into account retrieval, download, review, redaction, and legal review time. If an agency has an established policy specifying a response time, it must be at least 8 hours. Average response time based on MuckRock data is approximately 69 days.

Any person may request records, including non-U.S. citizens. Exception: Incarcerated persons need a judge's consent to request records unless the records support a "justiciable claim."

How to Submit a Request

Accepted Methods

  • Email
  • Mail
  • Fax
  • In person

No specific format or language is required. Requests should identify records with sufficient clarity to allow the office to identify, retrieve, and review them. Written requests (mail, fax, email) recommended for documentation purposes. Requesters need not provide identification unless required for access.

Email or portal?

Requests may be made in any form, including orally, so a portal can never be the only accepted channel.

The Ohio Public Records Act lets a public office ask a requester to submit a request in writing, to disclose their identity, or to state an intended use, but only after disclosing to the requester that none of that is mandatory (R.C. 149.43(B)(5)); separately, no public office may condition the availability of public records on disclosure of identity or intended use except as state or federal law specifically requires or authorizes (R.C. 149.43(B)(4)). OPRA nowhere authorizes a public office to designate a required submission channel or portal, and the public records policy every office must adopt and post under R.C. 149.43(E)(2) may not use a fixed response period to slow a request beyond eight hours. Because a requester cannot be compelled even to put a request in writing, a public office cannot lawfully make an online portal the only way to submit one.

No controlling case identified specifically on the submission-channel question. The verdict rests on the plain text of R.C. 149.43(B)(4) and (B)(5), which together bar treating a written or portal-based submission as mandatory. Jones-Kelley controls the separate question of how narrowly exceptions are construed once a request is made.

Ohio offices vary widely: larger cities, counties, and universities often run a records-request portal or web form, while most townships, villages, and school districts publish only an email address or the fiscal officer's contact information in their posted public records policy. Our records data for Ohio lists email, mail, fax, and in-person as accepted methods, consistent with a portal being optional rather than exclusive.

Last reviewed 2026-07-30.

Required Elements

  • Description — Identify records with sufficient clarity to allow the office to locate and retrieve them
  • Contact info — Provide contact information for response delivery (optional but recommended)

Optional Elements

  • Preferred format — Specify if you prefer electronic or paper copies
  • Fee limit — State maximum amount willing to pay before being notified
  • Purpose — Not required - agencies cannot require purpose, but stating newsgathering purpose may help with BMV records

Fees

Ohio law limits fees to actual cost of materials. Agencies cannot profit from records requests. Bureau of Motor Vehicles records may have additional fees for commercial/marketing purposes (non-newsgathering). Video record fee provisions added in recent amendments allow hourly charges up to $75/hour with $750 cap.

Fee Waivers

  • Video record fees may be waived for journalists — Journalist/News Media Waiver
  • Video record fees may be waived for crime victims — Victim Waiver
  • Discretionary waiver when disclosure serves public interest — Public Interest

Unlike some states, Ohio does not have robust fee waiver provisions. Waivers are discretionary. Since base fees are already limited to actual costs (typically low), total fees are generally minimal unless requesting video records.

Exemptions

  • Medical Records
    Medical records and health-related files protected under ORC 149.43(A)(1)(a)
  • Law Enforcement Investigatory Records
    Confidential law enforcement investigatory records (ORC 149.43(A)(1)(h))
  • Trial Preparation Records
    Records prepared in anticipation of litigation until appeals conclude (ORC 149.43(A)(1)(g))
  • Attorney-Client Privilege
    Attorney-client privileged communications
  • Trade Secrets
    Trade secrets and proprietary information (ORC 149.43(A)(1)(v), defined in ORC 1333.61(D))
  • Adoption Records
    Adoption proceedings and putative father registry information
  • DNA Database Records
    DNA records stored in the state DNA database
  • Inmate Records
    Certain records related to inmates and detention
  • Security and Infrastructure Records
    Records relating to security measures and critical infrastructure (ORC 149.433)
  • Body-Worn/Dashboard Camera Restricted Portions
    Restricted portions of body-worn and dashboard camera recordings

Ohio has over 400 separate statutory provisions addressing exemptions, many outside Section 149.43 itself. Agencies must cite specific statutory exemptions when denying requests. Redaction is required when possible to release non-exempt portions.

Appeal Process

1

Cure Period

Before filing suit, requester must serve written complaint on public office giving opportunity to cure

2

Wait for Cure

Office has 3 business days to cure deficiency

3

Court of Claims Complaint

File complaint with Court of Claims OR commence mandamus (cannot do both). Agency has 7 days to respond, court decides within 45 days.

4

Mandamus Action

Alternative to Court of Claims. Must file affirmation stating proper notice given and 3-day cure period elapsed.

5

Appellate Review

Appeal from Court of Claims or Common Pleas decision

Ohio has NO administrative appeal process within agencies. The sole remedies are: (1) Court of Claims complaint ($25 fee, expedited timeline), or (2) mandamus action in court. A pre-suit written complaint with 3-day cure period is REQUIRED before filing. Court of Claims decisions have binding legal force.

Request Templates

NFOIC Ohio Sample Request →

National Freedom of Information Coalition

Comprehensive template citing ORC 149.43

Ohio Court of Claims Sample Form →

Ohio Court of Claims

Official sample form from the court that handles records appeals

ACLU Ohio Public Records Guide →

ACLU of Ohio

2022 edition - comprehensive guide with sample requests

Ohio AG Sunshine Laws Manual →

Ohio Attorney General

2025 Yellow Book - official state guidance, updated annually

RCFP Open Government Guide - Ohio →

Reporters Committee for Freedom of the Press

Detailed legal guide for journalists

Records Retention

Retention Law
Ohio Records Laws (Documents, Reports, and Records)

Ohio Rev. Code Ch. 149 (149.31-149.43)

View retention law →

Retention schedule catalog →

Chapter 149 of the Ohio Revised Code contains specific retention and disposal requirements. Records commissions are established at county, municipal, township, and school district levels. Each public office must maintain a current records retention schedule and make it available for inspection.

Bodies Covered

Which kinds of public body this law applies to, with the statutory basis for each claim.

Body typeStatusStatutory basis
Agencies and statutory bodies Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
Charter schools Covered Ohio Rev. Code § 3314.01(B) (a community school is a public school)
Ohio calls this entity type a 'community school' (R.C. Chapter 3314); see the community_school rule.
Cities Covered Ohio Rev. Code § 149.43(A)(1) (definition of 'public record'; enumerated exclusions)
Cities are a named example under § 149.43(A)(1).
Community college districts Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
Community school Covered Ohio Rev. Code § 3314.01(B) (a community school is a public school)
Ohio's statutory name for what other states call a charter school (R.C. Chapter 3314). A community school is itself 'a public school, independent of any school district' (§ 3314.01(B)), so it is its own public office rather than reachable only through an authorizing district's board.
Conservation districts Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
A soil and water conservation district is a political subdivision created under R.C. Chapter 940, so its board is a public office.
Council of governments Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
A regional council of governments organized under R.C. Chapter 167 is itself a public office.
Counties Covered Ohio Rev. Code § 149.43(A)(1) (definition of 'public record'; enumerated exclusions)
County government is a named example public office under § 149.43(A)(1) and a political subdivision under § 149.011(A).
Elected county offices Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
County elected offices (sheriff, clerk of courts, auditor, recorder, prosecutor, treasurer) are each their own public office under § 149.011(A) and their own records custodian; a county administrator's office cannot answer for them.
Fire protection districts Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
Hospital and healthcare districts Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
A joint township or county hospital district organized under R.C. Chapter 513 is a public office.
Housing authorities Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
Metropolitan planning organizations (MPOs) Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
Park and recreation districts Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
Police departments Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
A municipal or township police department answers through its own or its parent government's records custodian. Same law-enforcement-investigatory caveat as the sheriff entry.
Port authorities Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
Regional planning Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
School districts Covered Ohio Rev. Code § 149.43(A)(1) (definition of 'public record'; enumerated exclusions)
School district units are a named example under § 149.43(A)(1). Student education records are separately protected (FERPA and § 3319.321).
Sheriff Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
The sheriff's office is a public office and its own custodian. Routine incident and offense reports are subject to immediate release; the confidential-law-enforcement-investigatory-record exception (§ 149.43(A)(2)) can still shield identifying material tied to a pending, uncharged investigation (Copley Ohio Newspapers v. Akron), so ask for administrative records (logs, policies, budgets) rather than open case files.
Special districts Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
State government Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
Towns Covered Ohio Rev. Code § 149.43(A)(1) (definition of 'public record'; enumerated exclusions)
Ohio has no incorporated towns; municipalities are cities or villages depending on population (R.C. 703.01).
Township Covered Ohio Rev. Code § 149.43(A)(1) (definition of 'public record'; enumerated exclusions)
Townships are a named example under § 149.43(A)(1).
Transit authorities Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
Universities and higher education institutions Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
A state university and its board of trustees are a public office. An affiliated private fundraising foundation is reachable only if it meets the functional-equivalency test (Oriana House); most such foundations do not.
Village Covered Ohio Rev. Code § 149.43(A)(1) (definition of 'public record'; enumerated exclusions)
Villages are a named example under § 149.43(A)(1).
Courts Partially covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
Unlike Virginia's explicit statutory carve-out, § 149.43(A)(1) does not textually exclude court records. Instead, case documents in an action commenced on or after July 1, 2009 are governed by the public-access provisions of the Rules of Superintendence for the Courts of Ohio (Sup.R. 44-47), not by § 149.43; documents exempt under state, federal, or common law fall outside Sup.R. 44(B)'s definition of 'court records' and so lose that presumption of openness (Sup.R. 44(C)(2)(a)). Older case documents and a court's own administrative records remain reachable through § 149.43's general public-office definition.
Investor-owned utilities Partially covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
Investor-owned utilities are private corporations regulated by the Public Utilities Commission of Ohio, not public offices; PUCO's own filings ARE public records of PUCO. A private operator under a contract extensive enough to satisfy Oriana House's functional-equivalency test could still be covered, case by case; municipal electric and water utilities ARE covered as arms of their city or village.
Military installations Different law applies Ohio Rev. Code § 149.43 (OPRA scope; Ohio law only)
Federal agency (DoD); governed by FOIA (5 U.S.C. § 552), not OPRA.
National forests Different law applies Ohio Rev. Code § 149.43 (OPRA scope; Ohio law only)
Federal agency (USFS/USDA); governed by FOIA (5 U.S.C. § 552), not OPRA.
National monuments Different law applies Ohio Rev. Code § 149.43 (OPRA scope; Ohio law only)
Federal agency (NPS/DOI); governed by FOIA (5 U.S.C. § 552), not OPRA.
National parks Different law applies Ohio Rev. Code § 149.43 (OPRA scope; Ohio law only)
Federal agency (NPS/DOI); governed by FOIA (5 U.S.C. § 552), not OPRA.
National recreation areas Different law applies Ohio Rev. Code § 149.43 (OPRA scope; Ohio law only)
Federal agency (NPS/DOI); governed by FOIA (5 U.S.C. § 552), not OPRA.
National wildlife refuges Different law applies Ohio Rev. Code § 149.43 (OPRA scope; Ohio law only)
Federal agency (FWS/DOI); governed by FOIA (5 U.S.C. § 552), not OPRA.
Community nonprofits Not covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
Private entity; apply the Oriana House functional-equivalency test before assuming coverage.
Conservation nonprofits Not covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
Private entity; apply the Oriana House functional-equivalency test before assuming coverage.
Land trusts Not covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
Private entity; apply the Oriana House functional-equivalency test before assuming coverage.
Private foundations Not covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
A private corporation is a public office only on clear and convincing evidence that it is the functional equivalent of one under the four-factor Oriana House test; most private foundations, including university fundraising arms, do not meet it. Apply the test before treating any specific foundation as covered.
Tribal Not covered Ohio Rev. Code § 149.43 (OPRA scope; Ohio law only)
Ohio has no federally recognized tribal government; any entity tagged 'tribal' in Ohio data is a state-level or cultural organization, not a sovereign government, but OPRA and federal FOIA alike would not reach a genuine tribal government's own records in any event.
Waste haulers Not covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
Private contractor; ordinarily not the functional equivalent of a public office. Contract and payment records are reachable from the contracting public office instead.
All other public bodies Covered Ohio Rev. Code § 149.011(A) (definition of 'public office')
Default assumes a state agency, public institution, political subdivision, or other body, office, agency, institution or entity established by Ohio law for the exercise of any government function (§ 149.011(A)). For a private entity claimed to be covered, apply the Oriana House functional-equivalency test before chasing a target. Exceptions to disclosure are strictly construed against the custodian, who bears the burden of proving one applies (Jones-Kelley).

Coverage notes

  • No requester-standing limit: any person may ask OPRA opens records to 'any person' (§ 149.43(B)(1)) and bars a public office from conditioning access on the requester's identity or intended use except as state or federal law specifically allows (§ 149.43(B)(4)). This is the opposite of Virginia's citizens-of-the-Commonwealth limit. The one narrow exception is incarcerated persons, who need a judge's finding of a justiciable claim to inspect records of their own criminal investigation or prosecution (§ 149.43(B)(8)). Ohio Rev. Code § 149.43(B)(4) (no public office may condition public records on disclosure of the requester's identity or intended use)
  • No fixed deadline: 'promptly' and 'a reasonable period of time' Ohio sets no fixed number of days. Records must be 'promptly prepared and made available for inspection' and copies made available 'at cost and within a reasonable period of time' (§ 149.43(B)(1)); copies transmitted by mail or other means must go out 'within a reasonable period of time' as well (§ 149.43(B)(7)). What counts as reasonable turns on the circumstances (scope, volume, redaction). Any fixed number of days used to decide when to check in is our own follow-up convention, not a statutory claim, and the letter never states it as a deadline. Ohio Rev. Code § 149.43(B)(1) (promptly prepared and made available; copies at cost and within a reasonable period of time; redaction of exempt portions rather than withholding the whole record)
  • Requests need not be written, and no channel may be mandatory A public office may ask a requester to put a request in writing, to identify themselves, or to state an intended use, but only after disclosing that none of that is mandatory (§ 149.43(B)(5)). Because writing itself cannot be required, no office may lawfully make an online portal the only accepted channel. There is also no statutory records-officer designation (contrast Virginia's FOIA officer, § 2.2-3704.2, or Pennsylvania's Open Records Officer): § 149.43(E)(2) only requires a posted public records policy naming whichever employee is the office's records custodian. Ohio Rev. Code § 149.43(B)(5) (a public office may ask, but not require, a written request, identity, or intended use, and only after disclosing that none of it is mandatory)
  • Redaction, not wholesale withholding, and a written reason for any denial Section 149.43(B)(1) requires a public office to make available all information in a record that is not exempt; a request cannot be refused in full because part of it is exempt. Any denial, in part or in whole, must come with a written explanation, including the legal authority relied on (§ 149.43(B)(3)). Exceptions themselves are strictly construed against the custodian, who bears the burden of proving one applies (Jones-Kelley). Ohio Rev. Code § 149.43(B)(1) (promptly prepared and made available; copies at cost and within a reasonable period of time; redaction of exempt portions rather than withholding the whole record) · State ex rel. Cincinnati Enquirer v. Jones-Kelley, 118 Ohio St.3d 81, 2008-Ohio-1770, 886 N.E.2d 206
  • Fees are capped at actual cost; no search or review fee Copies are made available 'at cost' (§ 149.43(B)(1)); Ohio does not allow a public office to charge for the time spent searching for or reviewing records, only for the reproduction itself. A requester may choose the format of the copy where the office can reasonably produce it (§ 149.43(B)(6)), and an office may require advance payment of postage or delivery cost for mailed copies (§ 149.43(B)(7)). Because our letters ask for electronic delivery by reply email, duplication and postage cost should be minimal or zero. Ohio Rev. Code § 149.43(B)(1) (copies made available 'at cost'; no search or review fee)
  • Private contractors: functional equivalency, not automatic coverage A private entity performing a government function under contract, such as a private operator of a county correctional facility, is a public office only on clear and convincing evidence that it is the functional equivalent of one, weighing (1) whether it performs a governmental function, (2) the level of government funding, (3) the extent of government involvement or regulation, and (4) whether it was created by the government or to avoid OPRA, with no single factor dispositive (Oriana House). Government funding alone does not convert a private entity into a public office. Ohio Rev. Code § 149.011(A) (definition of 'public office') · State ex rel. Oriana House, Inc. v. Montgomery, 110 Ohio St.3d 456, 2006-Ohio-4854, 854 N.E.2d 193
  • Court case records run through the Rules of Superintendence, not OPRA Section 149.43(A)(1) contains no textual exclusion for court records, but case documents in actions commenced on or after July 1, 2009 are governed instead by the public-access provisions of the Rules of Superintendence for the Courts of Ohio (Sup.R. 44-47); documents exempt under state, federal, or common law fall outside Sup.R. 44(B)'s definition of 'court records' and lose the presumption of openness Sup.R. 45(A) otherwise gives them. A court's own administrative records, and older case documents, remain reachable through § 149.43's general public-office definition. Ohio Rev. Code § 149.011(A) (definition of 'public office')
  • Enforcement: a three-day cure period, then Court of Claims or mandamus Before suing, an aggrieved requester must serve a written complaint on the public office, which then has three business days to cure (§ 149.43(C)(1)). After that, the requester may file EITHER a Court of Claims complaint under R.C. 2743.75 OR a mandamus action, not both (§ 149.43(C)(2)). Statutory damages run $100 per business day of noncompliance, capped at $1,000 (§ 149.43(C)(3)), and the court may award reasonable attorney fees to a prevailing requester (§ 149.43(C)(4)(b)). Ohio Rev. Code § 149.43(C) (pre-suit written complaint with a three-business-day cure period; Court of Claims complaint or mandamus, not both; statutory damages up to $1,000; discretionary attorney fees)
  • Records on third-party platforms and personal accounts Ohio runs two tests, not one. A communication is a record under R.C. 149.011(G) if it documents the organization, functions, decisions, or activities of a public office, regardless of what system it sits on, but it becomes a disclosable public record under R.C. 149.43(A)(1) only once it is kept by a public office. The Ohio Supreme Court applied both tests to a single email chain in State ex rel. Platt v. Montgomery Cty. Bd. of Elections (2025), ordering disclosure of an email a deputy director forwarded from his board account to his personal account because it documented board business, while denying the next email in that chain, sent onward from the personal account to a third party, because nothing showed the personal account was maintained by the board. A related, older line of cases holds that moving a record into a private party's hands does not remove it from the act when that party is acting as the office's agent performing a public duty, most clearly in State ex rel. Findlay Publishing Co. v. Hancock Cty. Bd. of Commrs. (1997), where a settlement agreement held by the county's own insurance defense counsel remained a public record. Effective September 30, 2025, R.C. 149.011(G) was amended to exclude personal notes and any item used, maintained, and accessed solely by the individual who creates it, but that exclusion targets single-user personal material and does not on its face reach a communication sent to or received from someone else, so it does not appear to disturb Platt's content test for shared business communications carried on a personal account. Ohio case law requires a public office to search its own e-mail journal, shared servers, and employee-assigned computers, and to recover records unlawfully deleted from them, but no controlling decision extends an affirmative search duty to an employee's privately held account or device, or to a third-party vendor platform, that the office never maintained. Whether Findlay's agency theory reaches a pure SaaS vendor with no delegated public duty, such as a forum or chat platform the office merely subscribes to, is inference rather than a decided question. Ohio Rev. Code 149.011(G) · State ex rel. Platt v. Montgomery Cty. Bd. of Elections, 2025-Ohio-2079, 179 Ohio St.3d 233 · State ex rel. Platt v. Montgomery Cty. Bd. of Elections, 2025-Ohio-2079, 179 Ohio St.3d 233 · State ex rel. Findlay Publishing Co. v. Hancock Cty. Bd. of Commrs., 80 Ohio St.3d 134, 1997-Ohio-353 · State ex rel. Toledo Blade Co. v. Seneca Cty. Bd. of Commrs., 120 Ohio St.3d 372, 2008-Ohio-6253 · State ex rel. Bott Law Group, L.L.C. v. Ohio Dept. of Nat. Resources, 10th Dist. No. 12AP-448, 2013-Ohio-5219