District of Columbia Public Records

According to DC Code § 2–531, the District of Columbia public policy permits the disclosure of information regarding the affairs of government agencies in the state. This is reflected in the provisions of the Freedom of Information Act (FOIA). The Act was established to eliminate administrative secrecy and to open public agencies and their functions to public scrutiny. It gives citizens the right to request DC public records, in any form, maintained by a government agency. Custodians are required to respond to FOIA requests at a reasonable time. District public bodies annually send reports of FOIA disclosure activities for the previous fiscal year to the Secretary of the District of Columbia and the Council of the District of Columbia.

Are District of Columbia Records Public?

Yes. The District of Columbia Freedom of Information Act (DC Code § 2-532) grants individuals the right to examine or copy any public record of a public body. All DC government agencies are required to disclose public records, except for those records that are exempted from public disclosure per DC Code § 2-534. Examples of some records exempt from DC Public Records Act request:

Inter-agency or intra-agency memorandums or letters;
Any information whose disclosure would reveal the name of an employee;
Investigatory records whose disclosure will affect an individual's right to a fair trial or interfere with judicial proceedings;
Trade secrets and financial or commercial information whose disclosure would tamper with the competitive position of the owner of the information;
Personal information that disclosure would constitute a clearly unwarranted invasion of a person's privacy;
Test questions and answers are created for future license, employment, or academic examinations.

District of Columbia Public Records Act

The District of Columbia Freedom of Information Act was enacted in March 1977 to guarantee public access to public records of governmental bodies. This Act is codified by DC Code Subchapter II (§ 2–531 to § 2–540.) The DC Code § 2–502 (18) defines a public record as any material generated, owned, used, maintained, or retained by a public body. They include information stored in an electronic or physical format like maps, cards, recordings, books, photographs, papers, tapes, vote data, or other documentary materials. Generally, property, inmates, bankruptcy, jail, court records, birth records after 125 years, and death records after 75 years are publicly available. Additionally, the following information must be made public in the District of Columbia pursuant to DC Code § 2–536:

All public bodies' minutes of all proceedings;
Final orders and opinions made in case adjudications;
Manuals and instructions for administrative staff that affect members of the public;
All absentee real property owners and their agents' names and mailing addresses;
All pending and authorized building permit applications, including the permit file;
The names, titles, salaries, and employment dates of all public body employees and officers - This excludes public body employees participating in the Address Confidentiality Program who have requested the DC Department of Human Resources to make the information confidential.

How Do I Find Public Records in the District of Columbia

The process for finding public records in the District of Columbia varies due to the distinct nature of custodians and the documents themselves. As a result, there is no standardized method for accessing public records. However, the following steps could serve as a helpful starting point:

**Identify the desired record and its custodian: **The District of Columbia FOIA permits access to several records maintained by different public bodies in the state. As a result, record seekers must know the specific public records they want and the agency in charge of such records. For example, inmate records can be requested from the DC Department of Corrections (DOC), while access to court records is granted by the DC Courts.
**Check if the desired record is available and the means of access: **An agency may be tasked with maintaining a record but unable to produce it at the time of a request. Hence, inquirers are advised to contact the custodial agency before initiating a request. Most agencies provide a phone number, fax number, or email on their website for request inquiries. Alternatively, individuals can review the information on the agency's website to know the specific records available at the time of request and how to access them.
Make a public records request. Inquirers can request public records online, by phone, by mail, or in person at the custodian's office. Specific information about the documents will be required to facilitate the record search. This may include case information such as a case number, docket, or page number as well as the judicial district or location of the filing. For nationwide searches, more information is typically required to streamline the results further. Inquirers may also submit a FOIA request online via the DC government Public FOIA Portal. FOIA requests may also be submitted by fax, email, or mail. All mail requesters must mark the outside of the envelope and include a mailing address in their letters.
Conversely, fax and email requesters must include "Freedom of Information Act Request" or "FOIA Request" in the subject line of their fax or email. Requests should also include a daytime telephone number or email address. The requester must describe their desired records clearly and precisely for quick request processing.
Pay the necessary fees. Typically, no initial payment is required to submit a FOIA request. However, a government agency may charge fees for searching, reviewing, and reproducing public records. Requesters may choose to include in their public records request letter the amount they are willing to pay for the record. Most times, a public body will charge search and review fees even if the search does not return any records or the records requested are confidential. Per DC Official Code § 2-532(b), a public body may charge no fees or reduce charges for requests that benefit the public interest.

Find District of Columbia Public Records Free

Most public bodies in DC provide free access to public records online or in person. Online access is made possible through portals available on their websites, but inquirers may use the custodian's self-service public access computers for in-person queries. Below are examples of government agencies/portals where free access to public records is available:

The DC Court of Appeals has an Online Portal for accessing court records at no cost.
Individuals can view real property information for free using the real property tax database the Office of Tax and Revenue provides.
Record seekers can view bankruptcy records in person at no cost at the public terminals in the DC Bankruptcy Court Clerk's Office.

What Happens if I Am Refused a Public Records Request?

Per DC Code § 2–533, a public body that denies a public record request must make it known in writing to the requester. The letter of denial must contain the following information:

The specific reason for the denial
The names of the public officials/employees responsible for the decision
The right of the requester to an administrative or judicial appeal (DC § 2-537)

All DC government agencies must maintain files of all letters of denial of public records requests. These files are considered part of public records. Anyone whose FOIA request for public records is denied by a DC government agency can appeal that denial to the Mayor. If the Mayor denies the appeal, the requester can file a complaint in DC Superior Court.

How Long Does It Take to Obtain a District of Columbia Public Record?

The District of Columbia law (DC Code § 2-532 (c)(1)) requires all public bodies to respond to a FOIA request within 15 business days of receipt of the request. Government agencies may extend the time for a response by an additional 10 business days for unusual circumstances (DC Code § 2-532 (d)). A written notice must be sent to the requester when an extension is required. The notice must include the reasons for the extension and the expected date for determination.