Are Maricopa County Records Public?

Yes. The Arizona Public Records Law, a set of statutes tabulated in A.R.S. §§ 39-101 to 39-171, regulates public access to records preserved by public entities in the County of Maricopa. Under the law, the general public is entitled to inspect or copy any recorded accounting of a government entity's official function(s) or a government-funded activity.

In essence, any book, paper, map, photograph, or other documentary material created or received by a government body in Arizona is presumed to be a public record, regardless of form or characteristics. Examples of these public records include divorce decrees, bankruptcy information, property data, police reports, disciplinary records of public employees, sex offender registries, business license records, liens, permits, records of expenditures of public monies, and books of accounts of municipalities.

Notwithstanding, the Arizona courts are not subject to the Arizona Public Records Law. The judiciary still maintains an open record policy similar to that of the state's other public entities, but access to Maricopa County court records is regulated by Rule 123 of the Arizona Supreme Court Rules.

What is Exempted Under the Arizona Public Records Act?

The Arizona Public Records Law permits public access to most governmental records, except for records deemed confidential. Confidentiality provisions may apply where:

• A law (statute, rule, or privilege) necessitates secrecy
• Disclosure is against the best interests of the state
• Privacy interests override the public’s right to know

Investigative files, personnel files, personal identifying information, medical data, and trade secrets are only a few examples of confidential records in Arizona and, by extension, Maricopa County.

Notably, over 300 Arizona statutes address record confidentiality in the state. Appendices 6.1 and 6.2 of the Arizona Agency Handbook - Chapter 6 list various Arizona statutes that may require all or portions of governmental records to be restricted from public disclosure.

When a record is concealed from public view in Maricopa, it does not imply that no one can access it henceforth. Access may be retained by the record subject, their legal representatives, and certain governmental entities for the performance of official duties. People who possess a court order or have a direct interest in a record may also be provided access to a confidential record.

Maricopa County Public Records Search

Pursuant to A.R.S. § 39-121, members of the public can inspect (that is, view in person) public records in the custody of a government body during office hours. Per the law, record inspections are free to the public, including when a person wishes to make and take away notes of a public record.

A.R.S § 39-121.01(D)(1) also allows individuals to receive duplicates (copies), printouts, or photographs of open documents, subject to reasonable copy fees.

Consequently, anyone seeking a public record in Maricopa County can stop by an agency custodian's office during regular business hours. The agency custodian is the public body that creates or maintains a public record. The Maricopa County Public Records Request page has website links to various public records subjects and county departmental request systems. Moreover, the county's Information Governance department can be queried online if one is uncertain about the official custodian of a public document.

Where an in-person inquiry to an agency is not possible, requesters often have other methods (mail, telephone, email) to submit a public records inquiry to a Maricopa County agency. The available record request channels typically vary by agency.

Besides requesting public records from their proper custodians, another best practice that inquirers should adopt is making their requests as focused as possible. While written requests are not mandatory in Arizona, specific information, like names, dates, numbers, or descriptions, is required to enable the records custodian to locate and produce responsive records promptly, as mandated by law (A.R.S. § 39-121.01(D)(1)).

Interestingly, the Arizona Public Records Law does not define the word "prompt," nor does it specify a timeframe within which an agency response should be issued or a requester should ordinarily receive a public record. As such, what constitutes "prompt" depends on the circumstances surrounding each request, with some requests having extended turnaround timelines because of their volume or need for information redaction. Generally, individuals are advised to check the relevant public records request form for agency processing periods (if any) or contact the agency custodian for an estimated processing time.

Find Public Records For Free in Maricopa County

Searching third-party aggregator websites is a well-known technique for locating public records for free in Maricopa County without querying local agencies.

Managed by private businesses or firms, these sites or databases offer record searches across numerous U.S. jurisdictions, encompassing towns, cities, counties, and states. This feature makes them valuable in the initial phase of a search, especially when little to no information is known about the record subject, the record custodian, or the record itself.

A first and last name is the minimum criterion for searching a third-party public records database for free, and users can often choose to limit their inquiry to a single region or more or expand the search nationwide. Nevertheless, as data from a third-party site is accumulated from different sources and updated at arbitrary intervals, it is entirely feasible that the information received at the time of the search may not be current or complete. For this reason, users are cautioned against using such information for legal purposes and advised to fact-check information with official sources.

How to Remove Information From Public Records Free

Unless an exemption applies, no information can be removed from a public record in Arizona. Parties whose records fall into an exempt category may apply to an agency custodian for withdrawal or restriction. Agencies utilize specific—but usually free—procedures for these requests, so it is essential to contact the applicable custodian of records for guidelines.

Following A.R.S. § 38-421, it is a Class 4 felony for an official custodian to "steal, or knowingly and without lawful authority, destroy, mutilate, deface, alter, falsify, remove, or secrete" all or part of a public record or give such permission to any other person. It is a Class 6 felony if the person who tampered with the public record is not the official custodian.

Who Can Access Maricopa County Public Records in Arizona?

Arizona's Public Records Law does not restrict public record access to particular groups of people. Under A.R.S. § 39-121, anyone can see or obtain a public document or file in Maricopa County. The law does not require a public records requester to be a state resident or hold U.S. citizenship.

What Happens if I Am Refused a Public Records Request?

A.R.S. § 39-121.01(E) considers a public records request to be denied if the official custodian fails to respond to the request and furnish identifiable records promptly. However, such requests may also be rejected or refused if the sought-after record is confidential by law or the requester submits a non-focused (open-ended) inquiry.

Any person who believes their public records request was unfairly denied in Maricopa County has legal recourse under A.R.S. § 39-121.02. This section of the law allows members of the public to appeal a denial via a special action filed in the superior court (in this case, the Maricopa County Superior Court).

Still, it may be worth considering contacting the Arizona Ombudsman-Citizens’ Aide for assistance before filing any court action. The Ombudsman has the legal authority to investigate public access complaints regardless of where they occur in the State of Arizona.