Massachusetts Public Records Law

The Massachusetts Public Records Act is a series of laws primarily outlined in Chapter 66 of the Massachusetts General Laws (MGL) and supplemented by several other statutes, such as MGL Chapter 4, Section 7. These laws grant interested members of the public the right to inspect and copy documents generated, received, or preserved by government agencies in the course of their official activities.

Where Do I Submit a Public Record Request in Massachusetts?

Government agencies in Massachusetts are statutorily mandated to appoint a Records Access Officer (RAO) who will be charged with receiving public record requests and ensuring that these requests are responded to properly and on time. As such, you may submit your public record request to the ROA of the relevant agency. Contact details for these RAOs are typically displayed at the agency's office(s) and official website.

How Do I Request Public Records in Massachusetts?

You may request public records in Massachusetts by taking the following steps:

Identity the record custodian (the agency that maintains the required record).
Contact the agency's Records Access Officer.
Submit your request. You will typically be required to do this in writing and may submit the request made in person, by mail, fax, email, or online forms, depending on the agency.
Pay the stipulated required fees. In some cases, you may also need to provide a valid ID.

Several third-party websites offer online access to Massachusetts public records, simplifying the process for obtaining these documents. However, it should be noted that the records available on these websites may not always be up-to-date.

What Records are Public in Massachusetts?

There are various types of public records in Massachusetts. Common examples include:

Vital Records: Birth certificates and records, death certificates and records, marriage certificates and records, and divorce certificates and records.
Law Enforcement Records: These include arrest records, incident reports, Inmate records, criminal records, sex offender re cords, and jail logs. Note that in Massachusetts, criminal records (CORI checks) are only made available to authorized individuals with the consent of the subject of the record.
Property Records: Examples include deeds, tax property records, mortgages, and land use permits.
Judicial/Court Records: These include case files, court orders, bankruptcy filings, and judgments. Note that Massachusetts case files include records generated across the state's trial court system, which consists of superior courts, district courts, probate courts, family courts, housing courts, juvenile courts, land courts, and Boston municipal courts.
Government Financial Records: such as budgets, expenditure reports, contracts, and audit reports.

Who Can Request Public Records in Massachusetts?

Per the Massachusetts Public Record Act, any person has the right to inspect and request copies of public records. The term "person", as referred to in this law, includes individuals, corporations, societies, associations, and partnerships.

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

Records Access Officers (RAOs) are required to provide the requested record(s) within 10 business days.

However, this timeframe is dependent on certain conditions, like the completeness of the request, whether the record is in the custody of the agency, and if all applicable fees have been paid.

In situations where the RAO cannot meet this timeline, they must send a written notification to the requester with an explanation and a reasonable timeframe for providing the record.

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

RAOs are statutorily allowed to charge a reasonable fee to cover the cost of complying with a records request. In Massachusetts, while the first four hours of searching are not charged, subsequent hours spent on searching and producing a record shall be charged at not more than $25 per hour.

Note that other associated fees may apply concerning the number of copies required and the medium on which the record is copied.

What Records Are Exempted Under the Massachusetts Public Law?

Certain records, or information contained in the record, are deemed exempt from disclosure under Massachusetts' Public Record Act. These exempt records are outlined in MGL Chapter 4, Section 7 (26), and they include:

Medical, health, and hospital records
Information related to juvenile delinquency cases
Grand jury minutes and related materials
Attorney-client privileged communications
Trade secrets, commercial, or financial information that was voluntarily provided to a government agency on the promise of confidentiality and is intended to be used in developing governmental policy
Law enforcement records that may jeopardize ongoing investigations or safety if released
Personal information that would constitute an unwarranted invasion of privacy