Public Records Request - Arizona

ARIZONA PUBLIC RECORDS REQUEST

(A.R.S. §§ 39-121–39-121.03)

PRACTITIONER NOTES

1. Public records in an Arizona officer's custody are open to inspection by any person during office hours. A person may request examination, copies, printouts, photographs, or—in the circumstances specified by statute—mailing of a record. A.R.S. §§ 39-121, 39-121.01(D)(1).
2. At the time of the request, the requester must affirm that the records are not for a commercial purpose or, for a commercial-purpose request, promise to provide the use statement required by § 39-121.03(A). Misstating or changing a commercial use can create treble-damages exposure under § 39-121.03(C).
3. The custodian must furnish available copies, printouts, or photographs promptly. Arizona law does not impose one fixed response period for every request; promptness depends on the circumstances, and failure to respond promptly is deemed a denial. A.R.S. § 39-121.01(D)(1), (E); Phoenix New Times, L.L.C. v. Arpaio, 217 Ariz. 533 (App. 2008).
4. On request, a covered state “agency” must furnish an index of withheld records or categories and the reasons for withholding, subject to the exclusions and confidential-information limit in § 39-121.01(D)(2). That paragraph does not automatically impose the same index duty on every public body.
5. If only part of a public record is confidential or protected by privacy or state interests, Arizona authority favors redacting that portion and producing the remainder rather than withholding the entire record. See Carlson v. Pima County, 141 Ariz. 487 (1984), as summarized in the Arizona Ombudsman's 2025 booklet.
6. The general statute does not supply the federal FOIA's fee-waiver formula, expedited-processing categories, Vaughn-index terminology, or a five-business-day cure period. Ask for voluntary accommodations or an agency-policy benefit without presenting it as a statewide statutory entitlement.
7. This is a unilateral request, not a contract. Delete unused bracketed instructions and do not add bilateral covenants, assignment restrictions, arbitration terms, jury waivers, or redistribution-consent clauses.

REQUEST LETTER

Date: [DATE]

To:
[RECORDS CUSTODIAN / AUTHORIZED PUBLIC-RECORDS CONTACT]
[OFFICER OR PUBLIC BODY]
[MAILING ADDRESS / EMAIL / REQUEST PORTAL]

From:
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[MAILING ADDRESS]
[EMAIL]
[TELEPHONE]

Re: Arizona Public Records Request — [SUBJECT]

Dear Records Custodian:

Under A.R.S. §§ 39-121 and 39-121.01, I request inspection and/or copies of the following public records:

1. Records Requested

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

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

Relevant office, employee, project, contract, incident, matter, or file number: [DETAILS]

Helpful custodians, search terms, email addresses, or record systems: [DETAILS]

Please contact me at [EMAIL / TELEPHONE] if clarification or a narrower description would allow a more prompt response.

2. Commercial-Purpose Affirmation

Select one:

• ☐ Noncommercial request. I affirm that the requested public records are not for a commercial purpose as defined in A.R.S. § 39-121.03(D).
• ☐ Commercial-purpose request. The intended commercial use is: [COMPLETE, ACCURATE STATEMENT OF USE]. I understand that charges are governed by § 39-121.03(A).

3. Inspection, Copies, and Delivery

I request:

• ☐ inspection during regular office hours;
• ☐ electronic copies;
• ☐ paper copies, printouts, or photographs; or
• ☐ mailing of records not otherwise available on the public body's website.

Preferred delivery or inspection method: [EMAIL / SECURE LINK / INSPECTION APPOINTMENT / MAIL / PICKUP].

If the custodian lacks copying facilities, I request supervised access to make copies, printouts, or photographs as provided by § 39-121.01(D)(3).

4. Fees

I agree to pay properly assessed fees up to $[AMOUNT]. Please provide an estimate and obtain my authorization before exceeding that amount. If records will be mailed, I understand that § 39-121.01(D)(1) permits advance payment of copying and postage charges.

Optional accommodation request: [ASK FOR ELECTRONIC DELIVERY, A FEE REDUCTION, OR ANOTHER ACCOMMODATION UNDER AGENCY POLICY WITHOUT ASSERTING A GENERAL STATUTORY WAIVER RIGHT.]

5. Prompt Response, Withholdings, and Redaction

Please furnish responsive records promptly as required by § 39-121.01(D)(1). If any record or category is withheld, please identify the legal basis and, if the recipient is an agency covered by § 39-121.01(D)(2), provide the requested index of withheld records or categories and the reasons for withholding.

If only part of a record is protected, please redact the protected portion and produce the remainder. If practical, please identify the location or nature of each redaction without revealing information that is itself privileged or confidential.

Thank you for your assistance.

Sincerely,

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

POST-SUBMISSION NOTES

• Promptness: Section 39-121.01(E) deems access denied when the custodian fails to respond promptly or fails to provide a required withholding index. The statute does not convert “promptly” into a universal number of days.
• Special action: A person denied access or copying rights may seek review through a special action in superior court under § 39-121.02(A).
• Fees and damages: A court may award reasonably incurred attorney fees and legal costs when the requester substantially prevails. A person wrongfully denied access has a cause of action for resulting damages. A.R.S. § 39-121.02(B)–(C).
• Commercial-use accuracy: Review the definition in § 39-121.03(D) before selecting the affirmation. That definition includes sale or resale, solicitation uses of names and addresses, and uses from which monetary gain can reasonably be anticipated, while excluding use as evidence or research for evidence in a judicial or quasi-judicial matter.
• Sensitive law-enforcement images: A.R.S. § 39-121.04 imposes a special balancing standard in litigation seeking certain records that visually depict a minor witness or crime victim.

CURRENT OFFICIAL SOURCES

• Arizona Legislature — A.R.S. § 39-121
• Arizona Legislature — A.R.S. § 39-121.01
• Arizona Legislature — A.R.S. § 39-121.02
• Arizona Legislature — A.R.S. § 39-121.03
• Arizona Ombudsman-Citizens' Aide — Arizona Public Records Law, June 2025