Ohio Public Records Act

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.

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
• Video record fees may be waived for crime victims
• Discretionary waiver when disclosure serves 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

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

Records Retention

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.

Sources & References

• Full text of law →
• Primary source →
• RCFP Open Government Guide — Ohio →
• NFOIC State FOI Resources →