Engage · Local

How to request public records in Idaho

Emails, contracts, budgets, police reports, meeting packets: most of what Idaho governments write down belongs to the public. Here's how to ask for it, what it costs, how fast you should hear back, and what to do if they say no.

What you can ask for

A public record is any writing about public business that a state or local agency prepares, owns, uses or keeps, in any form: paper, email, text messages, spreadsheets, photos, recordings (Idaho Code § 74-101(13)). The law covers state agencies, the Legislature and the courts' administrative records, and every local agency: counties, cities, school districts and special districts (§ 74-101).

Anyone can ask (§ 74-102(1)). In general an agency can't ask you why you want the records. It also doesn't have to create a record that doesn't already exist, so ask for documents, not answers to questions.

How to make a request

Find the records custodian. Every agency must name at least one (§ 74-102(16)). Search the agency's website for "public records request." Many have an online form. Send your request to the custodian: a request sent to the wrong person may not start the clock (§ 74-103(1)).
Put it in writing. Email is fine (§ 74-102(4)). Say clearly that it's a public records request.
Describe the records specifically, with a date range. "Emails between the city administrator and the parks director about the Main Street park, Jan. 1 to March 31, 2026" gets a faster, cheaper answer than "everything about the park."
Include your contact information. The law asks for your name, mailing address, email and phone number, and a written statement of whether you are an Idaho resident (§ 74-102(4)). Residency changes the deadlines and fees below. It means living in Idaho for at least 30 days in a row (§ 74-101(15)).
Say how you want them. If the records exist electronically, you can ask for electronic copies (§ 74-102(15)). You can also ask to inspect records in person instead of buying copies.

A simple request

"This is a public records request under Idaho Code § 74-102. Please provide electronic copies of [describe the records] from [start date] to [end date]. I am / am not an Idaho resident. My contact information: [name, mailing address, email, phone]. If any part of this request is denied, please cite the specific exemption and release the rest of the record with the exempt parts redacted."

How fast they have to answer

Idaho residents: the agency has 3 working days to grant or deny. If it needs longer to find or copy the records, it must tell you in writing and provide them within 10 working days (§ 74-103(2)).
Non-residents: 21 days, extendable to 35 (§ 74-103(2)).
If the deadline passes with no answer, the request is treated as denied (§ 74-103(3)), and you can go to court (below).

What it costs

For Idaho residents, the first two hours of work and the first 100 pages of copies are free (§ 74-102(10)(a)). After that, agencies may charge their actual copy costs and staff time at the rate of the lowest-paid employee who can do the work.
Charges must be itemized: per-page costs, hourly rate and actual time. No lump sums (§ 74-102(10)(h)).
The agency may ask for a deposit before it starts, and must refund anything it doesn't use (§ 74-102(12)).
Fee waivers: fees must be waived when the records will significantly help the public understand government, the request isn't mainly for your own benefit, and the cost would keep you from getting them (§ 74-102(10)(f)). Ask for a waiver in your request if that fits.
Non-residents can be charged actual costs from the first page.

Tip: asking for electronic copies, or inspecting in person, usually costs less than paper.

What they can hold back

The law lists exemptions, and agencies must read them narrowly. When a record has some exempt information in it, the agency has to black out the exempt parts and give you the rest; it can't withhold the whole document for that reason alone. Common exemptions:

Personnel records, except that every public employee's job title, pay, employment history and workplace are public (§ 74-106(1)).
Active law enforcement investigations, to the extent release would interfere with them, endanger someone or invade privacy. Basic facts of an incident and an arrest are still public, and more opens up once an investigation is inactive (§ 74-124).
Personal identifiers such as Social Security numbers (§ 74-106).
Legal advice and litigation records, trade secrets, and appraisals or bid estimates before a deal or bid opening (§§ 74-104, 74-107).

Records about yourself are different: you can usually see them even if they'd be exempt for someone else, and you can ask the agency to correct them (§ 74-113).

If they say no

Check the denial letter. A denial must be in writing, cite the specific law it relies on, say whether an attorney reviewed it, and tell you about your right to appeal (§ 74-103(4)–(5)).
Try narrowing or clarifying. Many denials and big fee estimates come from requests that are too broad. A phone call to the custodian can fix a lot.
Go to court if you need to. You can file a petition in the district court of the county where the records are, within 180 days of the denial (§ 74-115(1)). There's no internal appeal you have to go through first. The court must set a hearing within 28 days and can look at the records privately to decide. If either side acted frivolously, the court can award attorney fees (§ 74-116), and an official who refuses a legitimate request in bad faith can be fined up to $1,000 (§ 74-117).

The Attorney General's office publishes a free manual with the full statute, sample letters and answers to common questions. It's the best single reference, and it's linked below.

Sources

Last reviewed November 2026. This guide is general information, not legal advice. Rules change, so check the linked sources before you rely on a deadline.