Pennsylvania Public Records

Pennsylvania courts, state departments, and local government offices generate and receive documents and other materials while conducting official business. These documents and materials comprise Pennsylvania's public records.

Public records are generally accessible to the public in Pennsylvania, as they are treated as a crucial part of a transparent and accountable democracy. The records provide citizens with the information they need to understand how their government operates.

Pennsylvania public records aid public welfare and may be used to facilitate legal processes, follow government policies, and verify the accuracy of information obtained elsewhere.

Government bodies are mandated by the Pennsylvania Right-to-Know Law (RTKL) to provide citizens with publicly available records.

Are Pennsylvania Records Public?

Yes. The Pennsylvania Right-to-Know Law empowers members of the public to view and obtain government records. While most records are presumed to be accessible to the public under the law, some are exempt from public disclosure. They include:

Privileged records, such as attorney-client communication, trade secrets, and doctor-patient information
Sensitive personal information, such as social security numbers, driver's license numbers, home addresses, and personal financial information
Records pertaining to noncriminal investigations, such as audits, inspections, and reviews, by an agency
Sensitive medical information, such as a patient's diagnosis, treatment, and prognosis
Predecisional records, such as drafts, notes, internal administrative reviews, and memos, that reflect the deliberations of an agency
Internal records of government agencies, such as personnel records, employee evaluations, and labor relations information
Records prohibited from public access by federal/state laws and court rules.

Other exceptions are listed in Section 708 of the RTKL. Some records may also be restricted from public disclosure following a court order. For example, a court may temporarily or permanently seal certain records after hearing motions from the parties in a case.

Pennsylvania Public Records Act

The Right-To-Know Law is Pennsylvania's public records act. Senator Dominic Pileggi introduced this law on March 29, 2007, as Senate Bill 1. After becoming law on February 14, 2008, portions of it went into effect, while the final parts went into effect on January 1, 2009.

The Right-To-Know Law defines a public record as any information created when documenting a state agency's activities or transactions. These records include letters, papers, maps, tapes, photographs, books, sound recordings, films, and other electronically stored information.

Every public record in Pennsylvania is accessible to members of the public as long as it is not barred from access by the RTKL or another state or federal law.

Examples of public records under the Pennsylvania RTKL include:

Vital records: Marriage licenses, civil union records, divorce decrees, birth certificates, and death certificates
Property records: Deeds, property tax assessments, liens, and mortgages
Court records: Case information, docket entries, judgments, and opinions
Financial records: Budgets, audits, and contracts
Business records: Incorporation documents, annual reports, and licenses/permits
Election records: Candidate filings, campaign finance reports, and voter registration information
Historical records: Census records, land records, and photographs
Government transactions: Records generated by state agencies while running their official businesses

How Do I Find Public Records in Pennsylvania

To find public records in Pennsylvania, inquirers may do the following:

Determine the Type of Public Record Being Requested

Requesters must know the type of record they want to inspect or obtain before beginning their requests. This information will help them determine the record's availability, its custodian, and the format in which it will be presented. The determination is important for both state and nationwide searches

Find the Record's Custodian

Knowing the type of record being sought helps inquirers determine which government agency maintains and dispenses it. For example, the Pennsylvania Department of Corrections manages state inmate information, while county sheriffs maintain records about inmates in local jails.

The record custodian can also educate the inquirer about submitting public records requests and a document's available format. For instance, some records may be available on an agency's website, by mail, telephone, or in person. In addition, the inquirer will also be informed about the information needed to facilitate the request, such as a case number, page number, location or district, the purpose of the search, etc.

Understand the Fees and Payment Processes

Pennsylvania public records are not always free. Inquirers may be charged for duplicating a record. There are also separate fees for certifying records. Section 1307 of the RTKL empowers agencies to determine the fees for copying and certifying records, as well as providing other public record services to the public.

The law also provides for waivers, in which agencies can provide records for free under particular circumstances. Agency fee waiver policies vary, thus requesters are advised to contact the applicable information for details.

Inquirers who want to submit requests must also confirm the means of payment. Agencies may impose policies on the type of payment they accept, whether cash, credit card, or check.

Obtaining the Record

Most record custodians will process public record requests in a matter of days. However, extensions of up to 30 days may apply due to staffing limitations.

Pennsylvania public records are typically delivered in available formats. Depending on the agency's catalog, a record may come in paper or electronic form.

Find Pennsylvania Public Records Free

While duplicating official documents comes at a cost, members of the public can often view Pennsylvania public records for free on government websites or viewing terminals at government offices.

The following are examples of online resources where members of the public can access free information:

Inmate/Parolee Locator: This is the Commonwealth's database for viewing information about inmates and parolees in the custody of the Department of Corrections.
Business Entity Search: This is a web application for checking the status of certain businesses in Pennsylvania.
Pennsylvania Licensing System Verification service: The state's business license verification system where individuals can validate a professional's license status for free.
County Records: County governments typically offer free resources to allow members of the public to view certain records online for free. These records may include county inmate information and property records.
Case Search: Pennsylvania's unified court system allows individuals to view basic details about civil, criminal, traffic, non-traffic, and landlord/tenant cases filed in the Commonwealth.
Pennsylvania Sex Offender Registry: Contains information about violent sex offenders to promote public safety.

What Happens if I Am Refused a Public Records Request?

Agencies can deny Public Records Act requests if the requested information is confidential by law, court rule, or court order. Each Pennsylvania agency must explain any denial to a requester. However, requests are typically "deemed denied" if the agency does not reply to the requester after 5 business days.

A person whose request is denied can appeal the respective agency's decision to the Pennsylvania Office of Open Records. The application process is free, and one does not need to hire an attorney.

Individuals may submit their appeal in writing within 15 business days from the request's denial or the agency's response.

Requesters must provide the following information in their appeal:

A copy of their request
A copy of the agency's response (if available) or an indication that the agency did not reply after five business days
Written statement containing the requester's argument explaining why their request should be granted and addressing the agency's reasons for denying the request

Appellants have the following options to submit their appeals:

Using the OOR's online form
Via Fax: (717) 425-5343
Via mail:

Office of Open Records

333 Market Street

16th Floor

Harrisburg, PA 17101-2234

How Long Does It Take to Obtain a Pennsylvania Public Record?

Every Pennsylvania agency must respond within 5 business days upon receipt of a public records request (Section 902 of the RTKL). Most agencies use this response to notify the requester that their request is being reviewed. They also provide a date (not more than 30 days after the initial 5-day window) by which the request will be processed.

However, a requester may agree to a date beyond 30 days. A request is deemed denied if no response is received within the allotted time frame unless the agency responds after the stated date elapses.