The first Arkansas public records law, the Arkansas Freedom of Information Act (FOIA) was passed in 1967 (Act 93) with amendments made in the years following as needed to define the law.

According to the FOIA, public records are “a record of the performance or lack of performance of official functions which are or should be carried out by a public official or employee, a governmental agency, or any other agency wholly or partially supported by public funds or expending public funds.” This includes documents, recordings (films, tapes, or CD’s), data in any form required to be kept by public offices or public employees.

“All public records (except those with specific exemptions) shall be open to inspection and copying by any citizen of the State of Arkansas during the regular business hours of the custodian of the records.” § 25-19-105 Records in active use or unavailable in storage do not have to be supplied right away, but have a three day limit on a notification of availability.

Exemptions to available public records include:

• State income tax records.
• Grand jury minutes.
• Drafts of judicial opinions, unpublished.
• Ongoing investigations by law enforcement agencies.
• Identity of law enforcement officers currently working undercover.
• Closed court documents.
• Any documents that would be an invasion of privacy,  such as personnel records, student records, medical records, and adoption records.

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