Oregon Public Records

Oregon public records are documents containing information about the conduct of state agencies and officials. These documents can be handwritten, typed, printed, photographed, or recorded in various physical and electronic forms. Some examples of public records include court records, deeds, marriage records, and land records.

According to the Oregon Public Records Law, members of the public have the right to inspect public records from any public office in Oregon. However, inquirers must submit requests or search online repositories maintained by the designated record custodians. Custodians of public records are not necessarily the original creators. If the document is created outside their function in public office but is owned, used, and retained by them while conducting public business, it becomes a public record.

Are Oregon Records Public?

Yes, Oregon public records are public. Under Oregon's Public Record Law, members of the public are entitled public access to documents created by government/public offices and officials (ORS 192.314(1)).

However, some records may be exempt from public disclosure, especially if they contain sensitive information. In this case, these records are only accessible to authorized persons or individuals with a court order granting them access to that record. Without a court order, requesters will be denied access to exempted records.

Under Oregon law, there are about 500 exemptions to the disclosure of public records, all tracked and maintained by the Attorney General in the Catalog of Public Records Exemptions. Some examples of information exempt from public disclosure, according to ORS 192.501 to 192.505, are as follows:

Personal Information: This includes home addresses, birthdays, signatures, phone numbers, social security numbers, etc.
Identifiable information: This includes driver's license, ID cards or badges, and homeowner's information.
Company or business trade secrets
Medical information
Records that compromise security measures: This includes information such as the whereabouts of people in protective custody.
Property appraisal records before their acquisition
Archeological records
Juvenile information
Trade secrets.

Oregon Public Records Act

The Oregon Public Records Law was enacted in 1973 to ensure that public records are made accessible to the public. The Oregon Public Records Law controls all public offices' collection, management, and dissemination of public information.

Like the Federal Freedom of Information Act (FOIA), it gives state residents the right to inspect and copy records produced by state agencies. FOIA is a federal law mandating access to public information, and although it can be mentioned in requests, the law applies to only federal agencies, not state agencies. Hence, requests for Oregon public records must be made per the Oregon Public Records Law.

According to ORS 192.311(4), public records can be in different formats, including writings, print, recordings, or even electronics such as mail.

Some examples of public records accessible to the public include:

Marriage and divorce records
Court records and case information
Inmate records
Property records
Crime statistics and reports
Bankruptcy records.

How Do I Find Public Records in Oregon?

In Oregon, public records have specifically designated custodians who maintain and make them publicly accessible. Hence, the method for finding public records in Oregon may differ depending on the type of record sought. Nevertheless, most records can be accessed by following these steps:

Determine the type of record needed: There are many types of records classified as public records in Oregon, including court records, property records, and inmate records. An inquirer must know the kind of record they need to find its custodian.
Identify the custodian of the record: Different public offices hold different public records, so it is essential to know who the custodian of the sought record is. This helps the inquirer determine which office to direct their record request to. The Oregon Transparency website lists public information sources and how they can be requested.
Verify Record Availability: Not all records are publicly available. Hence, inquirers must confirm the availability of a record before requesting it. The contact information of record custodians is usually available on their official website.
Submit a Record Request: Inquirers can make requests orally or in writing, both online and in person. Requests can be submitted through a standardized request form online or a letter sent by mail. Whatever the case, a record request must include the necessary details to facilitate the search. These may include a case number, page or docket number (depending on the record), the name(s) of the record holder, their birth date, the location or city of residence of the requester, and the district where the record was originally filed.
**Pay the applicable fees: **By DAS policy on public records fees, custodians can charge, reduce, or waive the fee for a particular request, depending on the inquirer and their motive for the request. Fees may apply for some record requests to be fulfilled. The first 30 minutes of staff time spent researching, locating, compiling, editing, or otherwise processing information and records are free, but charges apply from the 31st minute on. For fees above $25, the custodian gives a written estimate to the inquirer and may require prepayment before proceeding with the request. A $5 payment is required for the certification of public records.

Find Oregon Public Records Free

Inquirers can access Oregon public records for free online, in person, and using third-party databases, depending on the type of record being sought.

Online: State and federal-run websites provide free access to searchable databases through which inquirers can access various public records. Some examples include the Oregon Judicial Department for court records search, the Department of Corrections' inmate record search portal, and the Oregon Health Authority portal for finding vital records.
In-person: Inquirers can schedule a visit to the offices of record custodians or walk in to use the public terminals to view public records for free. The Oregon State Archive provides self-service terminals with which public records can be searched for free:

Oregon State Archives

800 Summer Street Northeast

*Salem, OR 97301. *

Third-party databases: Third-party databases offer free public records searches through their websites for one or multiple public records. However, because these databases are not affiliated with the government, there is no guarantee of the authenticity, currency, and validity of the records obtained.

What Happens if I Am Refused a Public Records Request?

Record custodians typically refuse requests for the following reasons:

The record is unavailable pending the redaction of sensitive details;
The record contains personal or confidential information;
The request was sent to the wrong custodian.

Inquirers can ask for a written explanation for a denied request or appeal to a higher authority.

The Attorney General's Office handles petitions on public records requests denied by a state agency or official;
The county's District Attorney handles the petitions if a local agency denies the request;
Inquirers should petition the County Circuit Court if a state-elected official denies the request.

If a petition is successful, the inquirer may win attorney fees, and the custodian may be court-ordered to release the record within 7 days. Under Oregon Code ORS 192.475(4), inquirers may also request assistance from the Public Records Advocate to resolve record request issues from state agencies and cities.

How Long Does It Take to Obtain an Oregon Public Record?

It depends. When a record request is made and received by a custodian, they must acknowledge receipt within 5 working days unless they complete the request within this period.

There is no fixed timeframe for making records under the Public Records Law. The law requests that custodians be allowed "reasonable opportunity to inspect and copy records." If a public record is not immediately available, custodians must inform the inquirer of a proposed date and time for availability within 5 to 10 working days.

Inquirers can file a suit against the custodian with the Attorney General if they fail to complete their request within 15 business days and there is no reason provided for reasonable delay (ORS 192.407(1)).