Rhode Island Public Records

Rhode Island public records are official documents created by Rhode Island local and state government agencies, which may be in physical or electronic formats. The Rhode Island Access to Public Records Act (APRA) establishes essential requirements to ensure these agencies operate openly and transparently. This is done by obligating all public bodies in the state to open public records for inspection or copying to members of the public.

Per R.I. Gen. Laws § 38-2-1, the APRA provides public access to public records while protecting certain records from disclosure, especially if it would constitute an invasion of personal privacy. One of the duties of the Rhode Island Attorney General is to promote open and transparent government. Therefore, all complaints regarding public records can be sent to the office.

Are Rhode Island Records Public?

Yes. The Rhode Island Access to Public Records Act (APRA) grants access to all records maintained by any public agency in the state. Therefore, anyone or entity has the right to inspect and copy public records of the custodians of such records during regular business hours. Per R.I. Gen. Laws** **§ 38-2-2(4), certain public agency records are deemed confidential. Therefore, a Public Records request cannot be made for such documents. Some examples of records exempted from public disclosure include:

Tax returns
Investigatory records
Credit card account numbers
Records relating to client/attorney and doctor/patient relationships;
Adoption, child custody, illegitimate births, juvenile proceeding records;
All examination data used for licensing, employment, or academic examinations;
Correspondence of or to elected officials and those relating to the people they represent;
Statements and reports of strategy/negotiation involving labor negotiations or collective bargaining and investment or borrowing of public funds until those transactions are entered into;
Any records that would not be available by law or court rule to an opposing party in litigation;
Library records that contain information on the identity of the library user checking out, requesting, or using library materials;
Security plans and scientific and technological secrets whose disclosure can endanger the welfare and security of the public;
Records of real estate appraisals, engineering, or feasibility estimates and evaluations maintained by an agency relating to a property acquisition until the acquisition of all of the property or termination of all proceedings or transactions.

Rhode Island Public Records Act

Rhode Island enacted the Access to Public Records Act (APRA) in 1979. This Act guarantees access to public records of local and state government agencies. All aspects of APRA are detailed in Chapter 38.2 of the Rhode Island General Laws. The R.I. Gen. Laws § 38-2-2(4) defines public records as any material made or received by any local or state agency during official business transactions, regardless of physical form or characteristics. Public records come in different forms, including maps, documents, letters, sound recordings, books, papers, photographs, tapes, films, magnetic or other tapes, electronic data processing records, and computer-stored data. Below are some examples of public records accessible to individuals in Rhode Island:

Arrest logs
Court records and case information
Property records
Business entity records
Crime statistics and reports
Sex offender information

How Do I Find Public Records in Rhode Island

There are several ways of finding public records in Rhode Island, depending on the public agency maintaining them. However, most procedures will require the following steps:

Determining the desired record and its custodian: Interested individuals must know the specific records they need and the custodian in charge of them. For example, a person who needs an inmate record should file an APRA request with the Rhode Island Department of Corrections. Requesters can know which agency to file a request with by contacting such agency by phone or email and asking them the kind of records they maintain or checking their website for such information.
Verifying the availability of the record and the means of access: After determining the type of record and the custodian in charge, the next step would be to verify if the desired record is available. Interested persons should call the agency to ask if a record is open to the public and how it can be retrieved. Some agencies have information regarding access to public records on their website. In contrast, others have their phone number and emails on their websites that requesters can use to contact them to verify any information.
Make a public records request: There are different ways of retrieving public records information in Rhode Island. Generally, copies of public records can be retrieved online, by phone, email, fax, mail, or in person at the custodian offices. Some public records may be free online or in-person at public terminals in record custodian offices. All public records requests must contain specific information about the desired records and the requester. Custodians will typically require a case number, details of the district or city of the initial filing (especially for nationwide searches), and information regarding the record-holder and the requester. This helps process the request efficiently and ensures the requester receives the record based on their preferred methods, whether in person, by email, mail, or over the phone. Alternatively, individuals can complete the Public Records Request Form available on most record custodian websites to request a particular record from them.
Pay the necessary fees: Per R.I. Gen. Laws § 38-2-4, the maximum cost of public records copies on business or legal size paper issued by a public body is $.15 per page. Search fees should not exceed $15 per hour, and no costs are charged for the first hour of a search. Copies of public records would be provided to the requester upon payment of the desired fees.

Find Rhode Island Public Records Free

Most state and local governments in Rhode Island have online portals and public terminals where individuals can find public records without charge. Requesters must enter specific information into the portals or computers at the record custodian offices. Specifically, the following government agencies offer free access to public records:

The Rhode Island Department of Corrections has an Inmate Search where members of the public can find inmate information at no cost.
Rhode Island Courts have a Public Portal and computer terminals at their respective clerk offices, providing free access to court records.
The Rhode Island Secretary of State provides general access to business entity records, such as corporate filings, through its Business Portal.
Interested persons can use the Rhode Island Land Record portal to find their municipalities' land records online at no cost.

What Happens if I Am Refused a Public Records Request?

Per R.I. Gen. Laws § 38-2-7, denial of access to public records must be made in writing to the requester, stating the specific reasons for the denial within 10 business days of the request. The notification must also include the procedures for appealing the denial. In turn, the requester can petition the agency/department that created the document for a review of the determinations made by the record staff. The record custodian will make a final decision on whether or not to allow public access to records within ten business days. The requester can petition the Rhode Island Attorney General's Office if the denial is confirmed. The requester can also file a case with the Superior Court in the county where the record is maintained.

How Long Does It Take to Obtain a Rhode Island Public Record?

The Access to Public Records Act (R.I. Gen. Laws § 38-2-3(e)) allows a public body ten (10) business days to respond to public records requests. However, this limit may be extended to 20 business days if the public body needs more time to comply with the request. The public body must explain to the requester in writing about the need for additional time. Some reasons why public agencies need additional time to process requests are due to the number of pending requests, the voluminous nature of the request, or the difficulty in searching for and retrieving the desired records.