Massachusetts Public Records

The Massachusetts government ensures that members of the public are kept informed of official government functions to promote transparency. Hence, Massachusetts public records were developed to provide an official account of the state's legal and administrative responsibilities and processes.

Public records are documents that are considered available to the public. They are records produced and stored by government agencies and are managed/disseminated by appointed custodians.

The responsibility of these record custodians, including the maintenance, management, and distribution of public records is governed by the Massachusetts Public Record Law. Furthermore, records retention requirements are covered in Part I, Title XV, Chapter 110G, Section 12 of the General Law.

Are Massachusetts Records Public?

Yes, according to the Public Record Law in Massachusetts, members of the public have the right to access, inspect, and make copies of records as long as they are not exempt from public disclosure. The dissemination of public records in the state is governed by the General Law - Part I, Title X, Chapter 66, Section 10. In light of this, individuals seeking a record can send a Public Records Act request to its custodian.

Although the public record law stands, certain records by provision of the General Law - Part I, Title I, Chapter 4, Section 7, are deemed confidential and cannot be accessed by the public. The criteria for having a record sealed differs from one organization to another. However, on a general note, a public record in Massachusetts would be inaccessible to the public if the record is clearly stated or, by imperative implication, not to be disclosed by law. Where this is the case, access to such records is restricted, or it can only be accessed following an order from a court, or part of the record is sealed.

Massachusetts records which the Public Records Act request does not cover include the following:

Information in that its release would constitute a breach of the right to privacy of an individual (financial statements, social security number)
Materials containing public view related to an investigation compiled by law enforcement
Commercial information and trade secrets are willingly given to an agency to use to develop governmental policy and upon a promise of confidentiality (does not include data required by law to be submitted).
Adoption and juvenile records
Personnel and medical files

Massachusetts Public Records Act

Per the Massachusetts General Law Annotated (MGLA), a public record is any document or information compiled or received by the state agency or municipality.

Laws regarding the openness of records in the state have been in place since 1851. However, an act to improve the Massachusetts Public Record was implemented on June 3, 2016. The law is coded as M.G.L.A. 66 §1. The Massachusetts Public Record Act ensures that the governance processes are transparent for all to see while not breaching any resident's right to privacy.

The law also states the type of records considered public and provides the scope of access requesters have and the response time. Additionally, there is no restriction to the use of records obtained, and inquirers do not need to state the purpose for which a document is sorted except if it is sealed.

According to the Massachusetts Public Records Law, public records in Massachusetts include:

Vital records (birth, death, marriage, divorce)
Court records
Criminal records
Arrest records
Property records
Land and property records

How Do I Find Public Records in Massachusetts?

The means and process by which public records can be accessed in Massachusetts may differ slightly per agency, notwithstanding there is a general procedure for obtaining records:

Step 1: Determine the type of record needed and identify the custodian. Each agency (state or local) in Massachusetts keeps certain records as provided by law. The law also makes provision for the distribution of such records as long as they are open for public access. Once an inquirer determines what record is sought after, the next thing is to find its custodian and send a request to the agency.

For instance, requests for vital records should be sent to the Registry of Vital Records and Statistics (RVRS). In contrast, requests for criminal records can be made to the Massachusetts Department of Criminal Justice Information Services (DCJIS).

Step 2: Verifying the availability of the record and the means of access. The record a requester seeks may not be available. This is why an inquirer must first verify the availability of a record. They would simply need to contact the Record Access Officer (RAO), whose responsibility it is to inform a requester of the availability of a record. This would save time and fees (where a fee applies). If record retrieval is impossible, the RAO will notify the requester.

The guidelines on how to access public records are mostly provided on the web page or at least a means by which the office can be contacted, whether online, via mail, or in person.

Step 3: Making the request, including necessary details and modes of submission. There is no specified way by state statutes to request public records in Massachusetts. Requests can be made in person, via mail, facsimile, or email. However, some agencies may have a preferred way that members of the public are required to use when requesting a record. Hence, inquirers are advised to check the agency's site or contact the record custodian.

Most state and local agencies provide a request form or a means to send a request message on their website. This forms will allow the requester furnish the custodian with information with which to facilitate the search including any case information, case number, page number or docket number. In some cases, the personal information of the record holder may also be required including their full name, birth date and their location, district or city of residence. Individuals who fill out the forms may be able to submit them online, via mail, or in person. On this form, a requester must provide reasonable details of the record that the Records Access Officer (RAO) can use to locate the record.

Step 4: Required fees. While some public records can be inspected or gotten for free, some may require the payment of a fee, especially for certified copies. Generally, for documents that require the payment of a fee, most public offices provide a fee schedule file that individuals can check, while others may publish it directly on their page. The information provided would also include the preferred method of payment, whether cash, cheque, or money order.

Find Massachusetts Public Records Free

A few government agencies provide a means to find Massachusetts public records free. For instance, the Secretary of the Commonwealth of Massachusetts, public records division provides a database of public records online which requesters can peruse. Records include annual reports, decisions, minutes of open meetings, hearings, etc. The Office of the Secretary also maintains an online registry of deeds for the state, which individuals can use to find county land records.

What Happens if I Am Refused a Public Records Request?

In Massachusetts, the custodian of a public record is required to respond to a requester in writing within 10 working days from the day the request was submitted. If a record custodian does not grant access to a record, as stated in 950 CMR 32.06(2)(b), the RAO must state the reason and the specific exemption for which access to the record was denied.

If no reason is provided or if the requester believes the reason given for denial is not justified, they can appeal to the Supervisor of Records within 90 days under 950 CMR 32.08.

The appeal should be submitted with the following:

A copy of the original request
A copy of the response of the Record Access Officer (if any)
A purpose of appeal statement

The individual appealing must also send a copy of the petition to the RAO. Only written requests can be appealed.

Access to records can be denied if:

The researcher does not provide a reasonable description of the record, and hence the RAO was unable to find it
The record sorted is not in the possession of the agency that received the request
The applicable fee for the record (where this applies) is not paid

How Long Does It Take to Obtain a Massachusetts Public Record?

The amount of time it takes for requesters to obtain a Massachusetts public record depends on how much work would need to be done by the organization in assembling the record and the agency's workload at the time of the request.

However, Chapter 66, Section 10 of the general law prescribes not more than 10 days as long as the request meets all requirements. If, for any reason, an agency intends not to permit inspection or provide a copy of a requested record, or because of the volume of work of the request, or any other reason, is unable to respond within the timeframe, the agency must inform the requestor in writing within this time. The written response shall be made via first-class or electronic mail.

Where a requester sends in several requests or the volume of work is overwhelming, the custodian agency may extend the time frame to 15 to 30 days working days from the day the request was submitted, depending on the time practically possible for the records to be provided.