Maryland Public Record Law

Under Maryland public records law, known as the Maryland Public Information Act (MPIA), all persons have the right to inspect, search for, and retrieve copies of public records maintained by state and local agencies. The law promotes transparency by ensuring government actions and decisions are open to public scrutiny. The MPIA is Maryland's equivalent to the Freedom of Information Act (FOIA), which applies to federal agencies.

Where Do I Submit a Public Record Request in Maryland?

There is no central agency where record seekers may submit public records requests in Maryland. However, each state and local agency handles its request for public records by designating an officer, called the PIA representative, to receive requests for public documents. Therefore, you may submit a request for public records to the relevant agency in charge of the record. However, if the agency holding the record is unknown, you may contact the Maryland Attorney General's Office to locate the PIA representative.

How Do I Request Public Records in Maryland?

To request public records in Maryland, follow these general steps:

• Determine which government agency holds the records you seek.
• Obtain the PIA representative contact information.
• Submit a written request. Agencies may provide online portals, email addresses, or mailing addresses to send the request.
• Provide identification. While it is typically not required for public records requests, some PIA representatives may require proof of identification if the record sought contains personal information.
• Pay the fees. Agencies charge fees for searching and copying the records.

Third-party websites also provide online access to Maryland public records. However, they may not always offer accurate or complete information as government sources.

What Records are Public in Maryland?

There are various types of public records in Maryland. However, the commonly requested records in the state are:

• Vital Records: Birth and death certificates, and marriage and divorce records. Vital records are generally restricted to the record holder, their legal representatives, family members, and persons with verifiable interests.
• Property Records: Tax assessment data, mortgage information, deeds, liens and encumbrances records, building permits and inspections records, property sales history, land contracts, and plat records.
• Judicial/Court Records: The Maryland trial court system comprises District Courts, Circuit Courts, Orphans Court, and Tax Courts. These courts grant the public access to civil case records, criminal case records, dockets, and court orders.
• Law Enforcement Records: These records consist of incident reports, jail and inmate records, arrest records, Sex Offender registry, and some investigation files.
• Government Financial Records: Budget and financial statements, contracts, salary information, procurement documents, expenditure reports, and audits.

Who Can Request Public Records in Maryland?

Under the Maryland Public Information Act, all persons may examine, inspect, and obtain copies of public records maintained by local and state government agencies. Per the Act, the term "person" includes individuals, corporations, businesses, and organizations, including nonprofits, partnerships, associations, and governmental entities.

What Is the Response Time for Public Records Requests in Maryland?

PIA representatives are required to respond to public records requests within specific timeframes. Governmental agencies may acknowledge the request within 10 business days, informing the requestors whether or not the records exist. Generally, agencies may provide the requested records within 30 days unless an exemption applies. If the agency requires more than 30 days, the agency may notify the requestor in writing with the expected completion date.

What Is the Fee Charged for Providing Copies of Public Records?

Per section 4-206 of the Maryland Public Information Act, agencies may charge reasonable fees for actual costs for copying and staff time. Therefore, there are no statewide applicable fees for accessing public records. Agencies may determine what reflects the actual cost of the staff time used in searching the records and the actual costs to copy the records. Generally, these costs may range between $0.25 to $0.50 per page.

What Records Are Exempted Under the Maryland Public Law?

While the Maryland Public Information Act grants public access to public records certain records are exempted from disclosure to protect privacy, security, and legal matters. Per state law, the following are excluded from public access:

• Adoption and child welfare information
• Medical and psychological records
• Library information
• Personally identifiable information, including social security numbers and home addresses
• Criminal investigation records, such as active investigation records and informant identities.
• Personnel records
• Financial and tax information
• Academic and student records
• Trade secrets and confidential business information
• Public safety and emergency response plans
• Bids and contract negotiations
• Investigative audits and reports