Public Records Request - Alabama

ALABAMA PUBLIC RECORDS REQUEST

(Ala. Code §§ 36-12-40–36-12-46)

PRACTITIONER NOTES

1. Alabama's general right to inspect and copy state public records belongs to an individual who is permanently domiciled in Alabama and expects to remain there. A public officer may request reasonable proof of residency. Ala. Code §§ 36-12-40(a), 36-12-43(b)(3), 36-12-44(f).
2. Check the receiving officer's published procedures before sending the request. The officer may require a particular form, addressee, or transmission method and need not respond to a request that disregards those procedures. If no contrary written procedure exists, § 36-12-45(b) authorizes hand delivery or mail to the custodian's main office or principal place of business; email is not a universal statutory fallback.
3. Identify existing records with reasonable specificity. The officer need not answer a vague, ambiguous, overly broad, or unreasonable request; create a new record; or provide information that is not a public record. Ala. Code § 36-12-44(c)–(e).
4. A request expected to require more than eight staff hours is “time-intensive” and follows different fee and response rules. Narrow date ranges, custodians, and record categories where practical. Ala. Code §§ 36-12-43(b)(6), 36-12-44(b).
5. The general statute does not establish a federal-FOIA-style public-interest fee waiver, expedited-processing right, Vaughn-index requirement, or five-day cure period. Ask for accommodations without describing them as statewide statutory entitlements.
6. The judicial branch and offices identified in Article VI of the Alabama Constitution are exempt from the procedural requirements of §§ 36-12-43 through 36-12-45. Confirm the applicable court or office rules before using this form for judicial records. Ala. Code § 36-12-40(b).
7. Section 36-12-46 bars using this article in place of proper discovery to obtain matter relevant to a pending or threatened action, suit, or proceeding.

Delete bracketed instructions and optional language that do not apply.

REQUEST LETTER

Date: [DATE]

To:
[PUBLIC OFFICER, RECORDS CUSTODIAN, OR AGENCY DESIGNEE]
[AGENCY OR GOVERNMENT OFFICE]
[ADDRESS OR AGENCY-SPECIFIED SUBMISSION METHOD]

From:
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[ALABAMA STREET ADDRESS]
[CITY, ALABAMA ZIP]
[EMAIL]
[TELEPHONE]

Re: Alabama Public Records Request — [SUBJECT]

Dear [PUBLIC OFFICER / RECORDS CUSTODIAN]:

Under Ala. Code § 36-12-40, I request inspection and/or copies of the public records identified below. I am an Alabama resident as described in § 36-12-43(b)(3).

1. Records Requested

Please provide the following existing records:

1. [IDENTIFY THE FIRST RECORD OR DISCRETE RECORD SET.]
2. [IDENTIFY THE SECOND RECORD OR DISCRETE RECORD SET.]
3. [ADD ADDITIONAL ITEMIZED REQUESTS.]

Date range: [START DATE] through [END DATE]

Relevant office, program, matter, contract, incident, or case number: [DETAILS]

Likely custodians or record locations, if known: [DETAILS]

Search terms or email addresses, if helpful: [DETAILS]

If clarification would help identify the requested records with reasonable specificity, please contact me at [EMAIL / TELEPHONE].

2. Inspection, Copies, and Delivery

I request:

• ☐ inspection of responsive public records during regular business hours;
• ☐ electronic copies, if the agency accepts electronic delivery;
• ☐ paper copies; or
• ☐ certified copies under Ala. Code § 36-12-41.

Preferred delivery or inspection method: [AGENCY PORTAL / MAIL / HAND PICKUP / INSPECTION APPOINTMENT / OTHER METHOD PERMITTED BY AGENCY PROCEDURE].

If the requested format is unavailable or materially increases the cost, please identify a reasonably accessible alternative before processing.

3. Fees

I agree to pay properly assessed reasonable fees up to $[AMOUNT]. Please notify me of the estimated fee and obtain my authorization before exceeding that amount.

I understand that § 36-12-44 permits advance payment in specified circumstances and that a public officer may withhold records pending payment. If the request is designated time-intensive, please provide the notice and likely-fee information described in § 36-12-44(b)(3)–(4) so that I may decide whether to narrow, withdraw, or proceed with the request.

Optional accommodation request: [ASK THE OFFICER TO REDUCE OR WAIVE FEES UNDER AGENCY POLICY, WITHOUT ASSERTING A STATEWIDE STATUTORY ENTITLEMENT.]

4. Response and Withholdings

For a proper standard request, § 36-12-44(a)(3)–(4) calls for acknowledgment within 10 days and a substantive response within 15 business days after acknowledgment, subject to written 15-business-day extensions. Different timelines apply to a time-intensive request under § 36-12-44(b).

If any requested record is withheld, please state the reason for denial as contemplated by §§ 36-12-43(b)(5)(d) and 36-12-44. If only part of a record is protected, I ask that the officer provide any nonprotected portion that can lawfully be separated.

Please contact me if another custodian may hold the record, clarification is needed, or an agreement about timing or scope would aid processing. If practical, I welcome production of available records in installments.

Thank you for your consideration.

Sincerely,

__________________________________
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[DATE]

Optional residency documentation: [ALABAMA DRIVER LICENSE / VOTER REGISTRATION / OTHER REASONABLE PROOF, WITH UNNECESSARY IDENTIFIERS REDACTED]

POST-SUBMISSION NOTES

• Agency procedure controls submission: Preserve proof that the request was delivered through the officer's published method. When no contrary procedure exists, a certified-mail receipt or similar signed postage receipt is prima facie evidence of receipt under § 36-12-45(b)(2).
• Standard-request presumption: Section 36-12-44(a)(5) creates a rebuttable denial presumption if no substantive response or production occurs by the specified outer deadlines, but § 36-12-44(a)(6) lists circumstances in which the presumption does not arise.
• Time-intensive-request presumption: Section 36-12-44(b)(6) supplies separate outer deadlines, and § 36-12-44(b)(7) lists exceptions to the presumption.
• Clarification restarts timing: If the officer seeks clarification or additional information, § 36-12-44(g) tolls the timelines and restarts them when the response is received as though a new request had been submitted.
• No substitute for discovery: Before sending a request connected to pending or threatened litigation, review § 36-12-46 and the applicable discovery rules.
• Agency-specific forms: The Alabama Attorney General's April 2026 form requires an original signature and asks for additional information. Those are that office's procedures, not universal terms for every Alabama public officer.

CURRENT OFFICIAL SOURCES

• Alabama Legislature — Code of Alabama
• Alabama Legislature — SB 270 Enrolled (2024), adding current §§ 36-12-43–36-12-46 and amending §§ 36-12-40–36-12-41
• Alabama Attorney General — Open Records Request Form, revised April 2026