Nebraska Public Record Law
Codified as Section 84-712 of the state's Revised Statute, the Nebraska Public Records Law empowers and authorizes members of the public to examine (inspect) and make copies of public records. The law guarantees access to public documents and information in the custody of public bodies in the state during their business hours.
Where Do I Submit a Public Record Request in Nebraska?
In Nebraska, public record requests may be submitted to the public record custodian for each government agency, either at the state or local level. You may contact the relevant agency in the state to inquire about their public records custodian to enable you to submit your public record request accordingly.
How Do I Request Public Records in Nebraska?
Depending on the public agency in the custody of a public record in Nebraska, you can either submit your request by mail, email, or in person. Some agencies also accept public record requests through dedicated online portals or web forms.
Regardless of the agency or the type of record being sought, you may take the following steps to request public records in Nebraska:
- Identify the public office where the record being sought is kept or maintained
- Contact the agency's record custodian and inquire about their preferred means of accepting public record requests.
- Prepare the request and ensure it contains a detailed description of the documents or information being sought. It should also include your contact information should the custodian want to contact you or send you copies of the requested records.
- Submit the request through the appropriate channel and wait to receive copies of the public records being sought.
A public record request in Nebraska requires no statement of purpose. However, requesters may be required to pay copying fees and provide a copy of their IDs. Individuals who like to save time while looking to access Nebraska public records may be able to find certain records through some trustworthy third-party websites.
What Records are Public in Nebraska?
Various types of records maintained by government agencies at all levels in Nevada are deemed public documents or information. However, some are more frequently requested than others, and they include the following:
- Vital Records - These are records of birth, death, marriage, and divorce that occurred in the state.
- Property Records - These are primarily records about land and real estate transactions within the state. They include maps, deeds, mortgages, tax liens, plats, releases, and land use permits, and they are maintained by the Register of Deeds for each county.
- Government Financial Records - These include payrolls, accounting records, budgets, expenditures, revenues, and financial statements kept by the state government.
- Law Enforcement Records - Public records maintained by law enforcement in Nebraska include arrest records, police reports, incident reports, inmate records, and sex offender information.
- Judicial Records - These include civil case files, criminal case records, bankruptcy files, probate records, offense information, and court decisions. They are created and preserved by the Nebraska Judicial Branch, which includes the District Courts, Workers' Compensation Court, and County Courts.
- Legislative Records - These are records documenting the activities of Nebraska legislative bodies, and they largely include bills, resolutions, committee reports, and meeting minutes.
Who Can Request Public Records in Nebraska?
Per Section 84-712 of the Nebraska Revised Statute, all residents of the state and every other interested member of the public may request public records in the state.
What Is the Response Time for Public Records Requests in Nebraska?
Once the record custodian in a government agency receives a public record request, they must make the records available to the requester as soon as possible and without delay. Typically, a public agency has up to 4 working days after the receipt of a public record request to process and complete it. However, where completing the request is not feasible within this timeline, the agency must inform the requester in writing, explaining the earliest practicable date for fulfilling their public record request, usually within 10 business days.
What Is the Fee Charged for Providing Copies of Public Records?
According to the state's Public Records Act, a public entity or the custodian of a public record in Nebraska may charge a fee not exceeding the actual added cost of providing copies of public records. While the fee charged generally varies by the type of request and agency, it typically includes reasonably apportioned cost of the supply used in preparing copies of the record and the staff time.
What Records Are Exempted Under the Nebraska Public Law?
Exemptions to the Nebraska Public Records Law are outlined in Section 84-712.05 of the state's Revised Statute. Unless disclosure is required by a court order and a few other authorized reasons, a government agency in Nebraska may withhold the following from the public:
- Medical records, except for the records of deaths and births.
- Personal information of students, former students, or prospective students of an educational institution.
- Records created or received by law enforcement agencies and other public agencies tasked with investigating or examining individuals, businesses, or institutions.
- Trade secrets and any other proprietary information.
- Personal information of public utilities' consumers.