Utah Public Records

A Utah public record refers to any document or information created or received by government agencies or officials in the course of fulfilling their official responsibilities and duties. According to the Utah Government Records Access and Management Act (GRAMA), all government agencies at the state or local level are obligated to create, maintain, and disclose public records. These records include, but are not limited to, court, property, sex offender, bankruptcy, and arrest records. Unless a restriction or exemption outlined in GRAMA applies, most records held by official record custodians in Utah are open to the public for inspection and duplication.

Public records provide transparency and accountability in government actions and help promote informed decision-making among citizens. They also serve as valuable historical documentation for future reference.

Are Utah Records Public?

Yes. Under the Utah Government Records Access and Management Act (GRAMA), government agency records are public, granting the public the fundamental right to inspect or duplicate them (UT Code § 63G-2-201(1-2)). Upon receiving a public records request from interested individuals, government agencies or record custodians in the state must provide access to records in their possession, except in cases where statutory exemptions or restrictions apply.

While most government records are accessible to the public, GRAMA classifies certain records as exempt from public disclosure. Public agencies or officials may impose total or partial restrictions on disclosure if a record falls into any of the following categories:

Private records — Per UT Code § 63G-2-302, private records contain personal or sensitive information about individuals, the disclosure of which may constitute a violation of personal privacy. Some examples include medical records, employment records, voter records, and records classified as private by a government entity.
Controlled records — A record is considered controlled if it contains medical, psychological, or psychiatric data about an individual; if a public entity believes that disclosing the information in the record to the subject will cause mental harm or constitute a violation of standard professional practice or medical ethics (UT Code § 63G-2-304).
Protected records — Protected records contain information or data restricted from public disclosure in the public's interest. Examples include financial information, examination data, contract information, safety records, certain legislative records, and security records (UT Code § 63G-2-305).

Utah Public Records Act

The Government Records Access and Management Act (GRAMA), enacted in 1991 under Title 63G, Chapter 2 of the Utah Code, enables public access to government records while protecting individual privacy. GRAMA grants both citizens and non-citizens the right to request and inspect records maintained by government agencies (UT Code § 63G-2-201(1)).

To obtain a record, individuals only need to submit a public records request to the relevant custodian or agency. While it emphasizes openness and access, the law acknowledges the necessity of protecting sensitive information and privacy rights. Public agencies must carefully evaluate requests and withhold information under specific exemptions as outlined in the law (UT Code § 63G-2-201(3)). Those seeking records under GRAMA are not required to state their intent or purpose.

According to Utah law (§ 63G-2-103(23)), a public record in the state is any record that is not private, controlled, or protected and is not exempt from disclosure (§ 63G-2-201(3)(b)). These records include documents, letters, books, photographs, recordings, electronic data, and other materials created or used for official business (§ 63G-2-103(25)).

Below are some examples of public records in Utah, regardless of their form or characteristics:

Bankruptcy records
Inmate records
Arrest records
Property records
Death records
Sex offender records
Traffic accident records
Divorce records
Court records

How Do I Find Public Records in Utah?

Interested individuals can obtain public records from the relevant agencies or record custodians in Utah. The procedures for submitting public records requests may differ among agencies or custodians. However, individuals seeking records can use the following steps to locate and obtain files or documents from record custodians in the state:

Step 1: Determine the Type of Record Required and Its Custodian.

Record seekers must first determine the type of record they seek and then identify the corresponding agency or public office responsible for maintaining such records. For example, the court where a case was filed holds the court record, while the local clerk or county recorder typically maintains property records and vital records for events occurring within their judicial district.

Step 2: Contact the Record Custodian to Determine Record Availability and Access Procedures.

Record custodians or government agencies typically have official websites where individuals can find contact information for the record division or a designated contact person. To request public records, individuals should contact the agency using the contact details on their website, like their phone number or email address. Record seekers may then proceed to inquire about the availability of the specific records they want and learn about any requirements for access. In certain cases, individuals may find instructions, procedures, or requirements for access on the record custodian's website.

Step 3: Complete and Submit a Record Request.

Upon confirming the established procedures or methods for submitting public records requests by the agency, individuals seeking records should use them to request the inspection or duplication of records. The available and acceptable methods may vary across agencies, but commonly available options are in-person, written, or online requests.

In-person requests require a visit to the physical location of the custodian, whereas written requests typically involve mailing a completed form along with a return address. For online access, requesters may be required to fill out and submit a request form through a portal or website maintained by the custodian for file inspection.

When submitting a request, requesters should specify the desired record and provide identifying information for the files (such as the record holder's name, a docket, page or case number, the city of the original filing (especially for nationwide searches), and other case information). Requesters must also include their contact information, as this is needed to receive feedback from the record custodian.

Step 4: Pay Applicable Search Fees

There may be associated costs when obtaining public records in Utah, particularly if the requester seeks copies of a public record. The specific cost and payment methods can differ from one agency to another; however, record seekers should be prepared to pay whatever cost is required to facilitate a record retrieval.

Find Utah Public Records Free

Record custodians and public agencies sometimes offer free access to public records in Utah. These agencies typically provide an online database where requesters can remotely inspect government records at no cost. Additionally, some offices offer public access terminals for free in-person use at the record custodian's location. Some examples include:

The Utah Department of Corrections free offender locator
Utah Department of Commerce's business entity search tool
Utah County Inmate Search Service
Utah district and justice courts records — available through 'Xchange Case Search Platform'
Salt Lake County property records search database.

What Happens if I Am Refused a Public Records Request?

Record seekers may have their public record request denied in Utah because of privacy concerns or statutory exemptions. However, under GRAMA (UT Code § 63G-2-401), if a public record request is denied, the requester can file a notice of appeal with the government entity's chief administrative officer within 30 days of the denial.

When an appeal is filed, the officer must respond within ten business days (or sooner in expedited or business confidentiality cases). If the denial is upheld or there is no decision within the specified time frame, the requester can appeal to the State Records Committee. The appeal must be filed with the Committee's executive secretary within 30 business days of the chief administrative officer's denial. Alternatively, an appeal can be filed within 45 days of the original request if no decision was made or the agency claims extraordinary circumstances.

The State Records Committee must schedule a hearing within three days, not earlier than 16 days, and not later than 64 days after the filing. Following the hearing, the Committee has seven days to make a decision. Suppose there's no decision within 73 calendar days of the notice of appeal. In that case, the requester can apply for judicial review with the District Court, which may award reasonable fees if it deems the agency's denial unjustifiable.

How Long Does It Take to Obtain Utah Public Record?

The time stipulated under GRAMA to obtain public records in Utah after submitting a request depends on whether the request is regular or expedited. For regular requests, the record custodian or agency must respond within 10 business days of receiving the request. For expedited requests, the agency must respond within 5 business days if the requester successfully demonstrates that an expedited request benefits the public.

A response within the stipulated timeframe could be any of the following:

Approval of the request and providing access to the record;
Denial of the request if the record contains confidential information;
Notification to the requester if the agency does not possess the requested record, along with contact information for the agency that does;
Notification to the requester that the agency cannot immediately approve or deny the request. This response must state the reason for the uncertainty and provide a date when the records will be available.