Are Utah Records Public?

Utah's documents are largely public. The Government Records Access and Management Act (GRAMA) outlines the procedures for obtaining public records in the Beehive State. The legislation defines what constitutes a public record and outlines the public's rights to access these records and the public entities' obligations to give access. 

Who Can Access Utah Public Records?

The Government Records Access and Management Act (GRAMA) allows all persons and entities in Utah to access most public records. However, record custodians may restrict or screen access based on the nature of the material and the requester's relationship to the subject of the record. Records labeled as private, controlled, protected, or otherwise restricted by state or federal law are not available to the general public.

Access to specific categories of documents, such as vital records (birth, death, marriage, and divorce records), may be subject to additional procedures or limits in order to preserve people' privacy and sensitive information.

Do I Need to State My Purpose and Use When Requesting Public Records in Utah?

You do not need to state your purpose and use when requesting public records in Utah. Your request simply needs to describe the records you seek with reasonable specificity. Equal access helps promote transparency and eliminate any potential bias based on the reason for seeking information.

In some states, where disclosure depends on the purpose, stating your reason can expedite the process. It allows the agency to determine if the information falls under an exemption or if there's a more efficient way to fulfill your request (e.g., directing you to a specific department or online resource).

What Records are Public in Utah?

In Utah, a vast range of documents created or maintained by government agencies qualify as public records. This encompasses a wide variety of information, including:

• Court Records: Case filings, judgments, and other documents related to civil and criminal proceedings in Utah courts.
• Vital Records: Birth certificates, death certificates, marriage licenses, and divorce records.
• Criminal Records: Arrest records, indictments, and some details of convictions.
• Property Records: Real estate ownership details, property tax information, or recorded deeds and mortgages.
• Business Filings Information on businesses registered in Utah, including names, addresses, and business filings, is generally available for public inspection.
• Government Contracts and Budgets

Utah Public Court Records

Utah court records consist of a broad range of documents generated throughout legal proceedings in Utah, including filings, motions, transcripts, judgments, and hearing dates.  The Utah State Courts maintain these records, which can be accessed through various means. Public court records often detail case parties, charges, judge assignments, and case progress, though some sensitive information or juvenile court proceedings may be exempt from public disclosure.

Utah Public Criminal Records

In Utah, criminal records document an individual's interactions with the criminal justice system. This includes arrest information, charges filed, indictments, court orders, and details of convictions. However, juvenile records and certain sensitive details may be restricted from public disclosure.

Custodian and Access:

The Utah Bureau of Criminal Identification (BCI) maintains public criminal records at the state level.  While some information may be available online through court websites, you can typically obtain criminal records in Utah by contacting the BCI directly.

Obtaining Criminal Records:

There are two main ways to obtain a criminal record in Utah:

1. In Person: You can visit the BCI office in Taylorsville, Utah, during business hours (8:00 AM to 5:00 PM, Monday through Friday) and request a copy in person. You will need to provide a valid government-issued ID and a fee (currently $15) to obtain the record.
2. By Mail:  Download and complete the BCI's Criminal History Record Application form, following the instructions.

Mail the completed form and the processing fee to the following:

Utah Bureau of Criminal Identification (BCI)
2700 West Taylorsville Blvd
Taylorsville, UT 84119
801-965-4445

Note: Redaction policies may apply to certain information within a criminal record, such as social security numbers or victim identities.

Utah Public Arrest Records

Public arrest records in Utah are generally accessible, though they may not reflect the final outcome of a case. To access them, you'll likely need to contact the arresting agency (police department or county sheriff) and provide the individual's name. There may be a waiting period for very recent arrests while law enforcement completes its investigation.

Utah Public Bankruptcy Records

Bankruptcy records document an individual or entity's financial situation and legal proceedings related to filing for bankruptcy relief. Public bankruptcy records in Utah typically include details like:

• Debtor (person or entity filing for bankruptcy) information
• Type of bankruptcy filed (Chapter 7 or Chapter 13)
• Assets and liabilities listed by the debtor
• The bankruptcy petition filing date
• Case progress and court orders

The United States Bankruptcy Court for the District of Utah oversees all bankruptcy filings within the state. To look up bankruptcy records, you must provide the debtor's name and possibly the case number (if you have it). Here's the contact information for the Utah Bankruptcy Courts, with locations in Salt Lake City and Ogden:

Salt Lake City Division
524 South Main Street
Salt Lake City, UT 84101
(801) 524-5870

Ogden Division
324 25th Street
Ogden, UT 84401
(801) 621-1211

Utah Public Birth Records

Public birth records in Utah typically contain details like the child's name, date of birth, birthplace, parent's names, and sometimes even more specific information like birth time and attending physician. The Utah Department of Health's Office of Vital Records maintains these birth records.  You'll generally need to provide identifying information about yourself and the record subject, along with a fee to obtain a copy.  Privacy restrictions apply, so only certain individuals can access certain birth records (e.g., parents and legal guardians).

Utah Department of Health - Office of Vital Records
1950 East 4500 South
Salt Lake City, UT 84117
(801) 538-6100

Utah Public Death Records

Public death records in Utah typically include information like the deceased's name, date of death, age at death, place of death, and cause of death (though some redactions may apply). The Utah Department of Vital Records maintains these death records. To obtain public Utah death records, you must provide identifying information about yourself and the deceased. You must also pay a fixed fee. There are privacy limitations. Only certain individuals can access certain death records (e.g., close relatives).

Utah Public Marriage Records 

Public marriage records in Utah typically contain details like the spouses' names, date of marriage, marriage location, and sometimes the officiant's name. The Utah Department of Health's Office of Vital Records maintains these records. To obtain public Utah marriage records, you'll need to provide identifying information about the couple and a fee.

Utah Department of Health - Office of Vital Records
1950 East 4500 South
Salt Lake City, UT 84117
(801) 538-6100

Note: While the Department of Health maintains vital records, marriage licenses themselves are filed with the county clerk's office where the marriage occurred. Residents may be able to obtain a more detailed copy from the relevant county clerk's office, including the official marriage certificate.

Utah Public Divorce Records

Public divorce records in Utah typically contain details like the spouses' names, case filing date, case type (e.g., fault-based or no-fault divorce), and the final decree (though some specifics may be redacted).  Obtaining them can be done through the county clerk's office where the divorce was filed, but privacy restrictions apply.

Utah Public Inmate Records

Anyone can access public inmate records in Utah. To look up public Utah inmate records, you must provide the inmate's name or identifying information. The Utah Department of Corrections (UDC) maintains inmate records for state facilities.

Public inmate records in Utah may include details like the inmate's name, photo, housing unit, projected release date, and criminal charges.  However, some sensitive information may be redacted for safety or privacy reasons.

Utah Department of Correction.
140 North 1900 West
Salt Lake City, UT 84116
(801) 538-4200

Utah Public Sex Offender Information

Public sex offender information in Utah is available online through a searchable database maintained by the Utah Department of Corrections (UDC). This database includes details on registered sex offenders residing in Utah, categorized by risk level. Members of the public can look up sex offender information by visiting the Utah Sex Offender Registry and searching by name, address, or zip code.

Utah Public Property Records

Utah public property records typically include information on real estate ownership, transactions, and assessments. This information could include property ownership details such as names, addresses, legal descriptions, and parcel numbers.

Accessing property records in Utah frequently includes contacting the county assessor's or recorder's office where the property is located. Many counties provide online databases or search tools to help residents access property information.

While property records are normally considered public information, certain facts may be withheld to safeguard persons' privacy or to comply with confidentiality regulations. Sensitive personal information, such as Social Security numbers or financial details, may be withheld or restricted in public property records.

What is Exempted Under the Utah Public Records Act?

The Utah Government Records Access and Management Act, also called the Public Records Act, ensures that government documents are widely accessible. However, there are types of information that are not subject to disclosure.

Exemptions refer to categories of records that government entities are not obligated to reveal when requested under a public records inquiry. Some instances include;

• Personal Details: This pertains to information about individuals, such as addresses, contact numbers, and Social Security details (Utah Code Section 63G 2 302).
• Medical Files: Information regarding an individual's health is safeguarded (Utah Code Section 63G 2 304).
• Sensitive Security Documents: Materials that could pose risks to safety or security, like blueprints of infrastructure, fall under this category (Utah Code Section 63G 2 106;).
• Financial Data: Records that might lead to instability or unfair competition, such as business strategies submitted to the authorities, can be kept confidential (Utah Code Section 63G 2 305).

How Do I Find Public Records in Utah?

Utah offers a wealth of public records readily accessible to citizens. Some of these include:

1. Identify the Custodian Agency:

• Government Websites: Many Utah government agencies maintain websites listing the records they hold and instructions for accessing them. Start by searching the relevant agency's website (e.g., Utah State Courts, Utah Department of Health).
• Utah Open Records Portal: The Utah Open Records Portal is a central hub for submitting public records requests to various government entities in Utah. Explore this portal to see if the records you need are accessible there.

2. Explore Online Resources:

• Utah Public Records Online Directory: This directory provides links to websites of county recorders, assessors, and other offices that offer online public record searches.
• Utah State Archives Search: The Utah State Archives website allows you to search name indexes for various historical records.

3. Local Agencies and Courthouses:

• County Websites and Offices: Many Utah counties maintain their own websites with public records information. Additionally, county recorder's offices, courthouses, and other local government offices often have public records available for in-person or mail requests.
• State-Level Agencies: State agencies like the Utah Department of Health or the Utah Department of Commerce might have online databases or request procedures for specific public records they manage.

Can I Find Free Public Records in Utah Using Third-Party Sites?

While Utah offers many public records through government websites and agencies, third-party sites can also be a resource for your search. Third-party sites often aggregate records from various sources, potentially making your search more convenient. They may offer user-friendly interfaces and search filters. However, not all public records in Utah are guaranteed to be available on third-party sites. Additionally, the information might be incomplete or outdated. As a result, double-checking with official sources is recommended.

How Much Do Public Records Cost in Utah?

Unlike other states, where custodian agencies have more discretion in setting fees, Utah follows a more structured approach under the Government Records Access and Management Act (GRAMA). 

Government entities can charge a reasonable fee to cover the actual cost of fulfilling your request. This includes:

• Staff time for searching, compiling, and copying records
• Photocopying or printing costs
• Electronic media (e.g., CDs) used to deliver records

The complexity of the record and the effort required to locate and copy it can influence the cost. For instance, simple documents like birth certificates may have lower fees than extensive reports. Highly specific searches requiring significant staff time to identify relevant records may incur higher fees.

Not all requests attract a fee. You may be eligible for a fee waiver or reduction if your request serves a public interest, such as journalism or research. Some agencies may also offer fee waivers or reductions on a case-by-case basis for individuals experiencing financial hardship.

What Happens if I Am Refused a Public Records Request?

Even though Utah promotes transparency through GRAMA, your request may be rejected in some circumstances. Here's what you need to understand.

GRAMA excludes types of records from disclosure, such as those pertaining to privacy, security, or ongoing investigations. Custodians can also deny unclear requests. If your request is too broad or lacks details to pinpoint the needed records, the agency might refuse it to prevent excessive staff time spent searching.

Also, if there's a fee required for processing your request and you haven't paid or come to an agreement on it, the agency could deny your request until payment is settled. Lastly, the record you asked for might not be easily accessible.

Challenging a Denial:

If your request gets turned down, there may be an option to challenge the decision through an appeals process;

• Initiating an Appeal: If you believe the denial is unjustified, you can appeal. Most agencies have a timeframe ( around 30 days) within which you can file an appeal.
• Appeal Procedure: The typical appeal process involves submitting a written appeal to the agency's officer. 

Consider reaching out to the State Records Committee. If the organization maintains its decision to deny, you can appeal to the Utah State Records Committee, which monitors GRAMA adherence. They hold the power to overturn refusals.