Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding public records is brought to you as a public service by lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.

As a member of the public, you have the right to inspect and examine most public records kept by state and local governmental agencies such as any writing, recording, film, paper, map or other document; and records in the hands of a public body that are accessible to the public unless they fit into a specific statutory exception to this general rule. The government agency that has the record must provide it on request and provide reasonable facilities to take notes. The agency may also have reasonable rules for protecting the record during disclosure and for minimizing any interference caused by the record request. Documents requested under the Public Records Act are to be produced without charge or at a substantially reduced fee if disclosure will primarily benefit the general public.

Government agencies are not required to disclose some specific kinds of records. For example, records of a personal nature, such as those kept in a personal or medical file, are not subject to disclosure unless the person seeking disclosure can show that public disclosure would not invade the privacy of the subject of the record. Usually, records made of criminal investigations need not be made public until the investigation is closed. This means that police departments and sheriff offices will often refuse a request for records if a criminal case is still current. Other exceptions to the requirement for public access include records that concern lawsuits in which the government agency is a party; trade secrets; and certain business records of a private company that are submitted to a public body.

Information that a private citizen gives to a public body confidentially and that the agency has agreed to keep confidential, will not be generally disclosed. Confidences and opinions between members of the same public body, or between public bodies, to the extent they are advisory in nature and are preliminary to any final decision, are not required to be disclosed. This is not a complete list of all the exceptions from disclosure. But if you ask for access to a public record, and it is not provided because it is claimed to be confidential, ask for the exception that covers your request.

If you are denied access to a public record that a public official, other than an elected official, considers confidential, you may petition the attorney general of the state of Oregon, if it is a state record, or the district attorney of your county, if it is a local government record. That officer has seven days to review your petition and grant or deny it. If your petition is granted, the agency must produce the record in seven days. If your petition is denied, you may ask for a review of this decision in the courts. If the record you seek is in the hands of an elected official, you must go to court, not to the attorney general or the district attorney, to petition for disclosure.

Remember, the general rule in Oregon is full disclosure to the public except in specific cases. You have a right to know what the government is doing. All you need to do is ask.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.