Ohio Rev. Code § 149.43 Explained: Public Records Act

Ohio Revised Code section 149.43, the Ohio Public Records Act, gives any person the right to inspect and copy records held by an Ohio public office, without stating who they are or why they want the records, subject to a defined list of exemptions.

This article covers Ohio's state public-records statute, R.C. 149.43, current as of the version effective September 30, 2025 under House Bill 96. It applies to Ohio state, county, city, village, township, and school district offices. It does not cover the federal Freedom of Information Act, which reaches only federal agencies, or other states' public-records laws. For the state-by-state picture, see Public Records Laws by State; for a deeper walkthrough of Ohio's request and appeal process, see Ohio Public Records Act: Requests and Court of Claims Appeals.

Information last verified against primary sources on August 12, 2026. This article has not yet been reviewed by a licensed lawyer.

Who Can Request Records, and What They Don't Have to Say

Under R.C. 149.43(B)(1), upon request by any person, all public records responsive to the request must be promptly prepared and made available for inspection at all reasonable times during regular business hours. The statute does not require a requester to explain why they want a record or to prove Ohio residency.

R.C. 149.43(B) goes further and affirmatively blocks offices from conditioning access on identity: a public office may not limit or condition the availability of public records by requiring disclosure of the requester's identity or the intended use of the requested public record, unless a different state or federal law specifically requires that disclosure. An office can still ask a requester to put a request in writing or to give a name, but only after telling the requester that doing so is not mandatory.

What Counts as a Public Record, and What Doesn't

"Public record" means records kept by any public office, including, but not limited to, state, county, city, village, township, and school district units, and records pertaining to the delivery of educational services by an alternative school in this state kept by the nonprofit or for-profit entity operating the alternative school. (R.C. 149.43(A)(1))

R.C. 149.43(A)(1) then lists more than fifty categories of records, currently lettered (a) through (bbb), that fall outside that definition. The ones a typical requester runs into most often:

• Medical records
• Probation, parole, community control, and post-release control proceeding records
• Confidential law enforcement investigatory records (CLEIRs)
• DNA database records
• Inmate records under R.C. 5120.21, with a carve-back for certain disclosable information
• Intellectual property records
• Designated public service worker residential and familial information, which protects the home addresses of a broad set of public-safety and legal personnel, including peace officers, parole and probation officers, bailiffs, prosecutors, correctional and youth-services employees, firefighters, EMTs, judges, magistrates, and other law-enforcement and court personnel
• Trial preparation records, until all direct appeals conclude

The medical-record exemption is narrower than it sounds. It excludes the bare facts of a birth, a death, or a hospital admission or discharge, which is why a death record or the fact of someone's death is not swept into the medical-record exemption on its own, even though the actual cause and circumstances of a death are handled separately under R.C. 3705. See Ohio Death Records and How to Find a Cause of Death in Ohio.

Security and infrastructure records, covering things like building vulnerability assessments and the configuration of utility systems, are defined separately in R.C. 149.433 rather than in 149.43 itself. A basic floor plan showing only spatial layout is not an infrastructure record.

Police Records: Incident Reports vs. Confidential Investigatory Files

Ordinary incident and arrest-level information, such as the fact of an arrest, the charge, and the basic circumstances, is generally treated as public in Ohio, separate from the narrower confidential law enforcement investigatory record (CLEIR) exemption. A CLEIR is a record pertaining to a law enforcement matter whose release would create a high probability of disclosing things like the identity of an uncharged suspect, a confidential informant's or witness's identity, specific investigatory work product or techniques, or information that would endanger someone's safety.

The work-product piece of the CLEIR exemption does not last forever. In State ex rel. Caster v. Columbus, 151 Ohio St.3d 425, 2016-Ohio-8394 (2016), the Ohio Supreme Court held that the CLEIR exemption for specific investigatory work product ends once the criminal trial the records were compiled for has concluded. The decision narrowed how lower courts had been reading the Ohio Supreme Court's earlier decision in State ex rel. Steckman v. Jackson, 70 Ohio St.3d 420 (1994), which some courts had stretched to keep investigatory files confidential indefinitely.

For how to actually request an Ohio police report, see Ohio Police Reports: How to Get a Crash or Incident Report.

Body Camera and Dashcam Footage

Police body-worn and dashboard camera recordings are public records under R.C. 149.43, but the statute defines specific restricted portions that an office may redact or withhold without denying the rest of the request. Those categories include images that identify a child; a death or a deceased person's body, unless a peace officer or correctional employee caused the death or the decedent's estate consents to release; images of grievous bodily harm or acts of severe violence, which carry that same peace-officer/correctional-employee exception and are releasable only with the injured person's consent and only if the footage is not needed for a pending legal proceeding; nudity, absent consent; the identity of a person receiving care in a health care facility; information that could identify the alleged victim of a sex offense, menacing by stalking, or domestic violence; and the interior of a private residence, unless the residence is the scene of an adversarial encounter with law enforcement.

A requester can still obtain a restricted portion of footage by asking a court to order its release. Ohio courts apply a clear-and-convincing-evidence standard, releasing a restricted portion where the public interest in the recording substantially outweighs the privacy and law-enforcement interests asserted against release.

See Ohio Police Body Camera Laws: Access & Public Records and, for dashcam-specific mounting and audio rules, Ohio Dashcam Laws.

What an Ohio Public Office Can Charge

Inspecting most public records in person carries no charge, and copies can cost the requester the office's actual cost of production. Video held by a state or local law enforcement agency or a prosecuting attorney's office is different: under R.C. 149.43(B)(1), that agency or office may charge its actual cost of preparing a video record for inspection or production, capped at 75 dollars per hour of video produced and 750 dollars total. It must give the requester a cost estimate within five business days, may require prepayment of the estimate before it starts work, and may charge up to 20 percent more than the estimate only if it warned the requester in advance. Other public offices fall under the general at-cost rule for copies, with no video-specific ceiling. That fee is waived only when the victim, or the victim's legal counsel, submits an affidavit identifying that the video is needed to investigate harm or damages that may have been captured on it; victim status alone does not waive the fee.

What Happens If a Request Is Denied

Before filing suit through either path below, a requester must first serve the public office with a complaint on a form prescribed by the clerk of the Ohio Court of Claims, delivered under Rule 4 of the Ohio Rules of Civil Procedure, and then give the office at least three business days to cure or otherwise address the alleged failure. No suit may be filed during that three-day window. When filing with the court, the requester must attach a written affirmation stating that the complaint was properly transmitted, that the failure has not been cured or resolved, and that the complaint reached the office at least three business days before the suit. Under R.C. 149.43(C)(2), a suit filed without that affirmation shall be dismissed, whichever path the requester chose.

A requester then has to choose one of two paths, not both: a complaint filed with the Ohio Court of Claims under R.C. 2743.75, or a traditional mandamus action filed in a court of common pleas, a court of appeals, or the Ohio Supreme Court. The two remedies differ sharply. The Court of Claims process is faster and cheaper: a 25 dollar filing fee, a referral to mediation by default (the special master can decline to refer a case where mediation would not serve the interest of justice), and, if mediation fails or is skipped, a special master who must issue a report and recommendation within seven business days of the office's response, extendable to fourteen days for good cause, with either side able to object within seven business days and the court issuing a final order within seven business days after that. But the Court of Claims cannot award statutory damages or attorney fees. Those remedies exist only through a mandamus action.

Statutory damages for a public office's noncompliance, available only through mandamus, are fixed at 100 dollars for each business day of noncompliance, capped at a total of 1,000 dollars. That clock starts on the day the requester files the mandamus action, not on the date the office first denied or delayed the request. A court can reduce or deny statutory damages if it finds that a well-informed public office reasonably believed its conduct complied with the law, and that the conduct served the actual public policy behind the exemption the office relied on.

A prevailing requester can also recover attorney fees in a mandamus action in some circumstances, including where a court orders the office to comply, where the office missed its response deadline, broke a promised production timeline, or only produced records after the requester filed suit. Attorney fees are generally not available where the office had a reasonable legal basis for denying the request. Neither statutory damages nor attorney fees are available through the Court of Claims process.

A Special Restriction for Incarcerated Requesters

R.C. 149.43(B)(8) restricts one category of requester. A person incarcerated pursuant to a criminal conviction or a juvenile adjudication is not entitled to inspect or copy any public record concerning a criminal investigation or prosecution, not only records about their own case, unless the judge who imposed the sentence or made the adjudication, or that judge's successor, finds the records are necessary to support what appears to be a justiciable claim. The statute says this category includes, but is not limited to, personnel files and payroll and attendance records of designated public service workers.

Recent Changes

The version of R.C. 149.43 analyzed in this article is the version effective September 30, 2025, enacted through House Bill 96 of the 136th Ohio General Assembly. A further amendment to this section comes from House Bill 31 of the 136th General Assembly. As described in the legislature's own bill tracking, HB 31's stated purpose is narrow: it requires electronic recording of certain parole board hearings and makes the resulting recordings public records. It is not a general rewrite of the consumer-facing request and appeal rules described above. Because Ohio's public-records statute amends fairly often, confirm the current text at codes.ohio.gov before relying on a specific provision for an active dispute.

Common Misconceptions

You must give your name or a reason to request a record. R.C. 149.43(B) bars an office from conditioning access on your identity or intended use, except where another law specifically requires it.

Only Ohio residents can request records. The statute runs to any person; there is no residency requirement anywhere in the text.

The 100 dollar per day damages are uncapped and start the day you're denied. They are capped at 1,000 dollars total, available only through a mandamus action and not through the Court of Claims process, and the clock starts when the requester files the mandamus action, not on the denial date.

You can file in the Court of Claims and still collect statutory damages or attorney fees. The Court of Claims cannot award damages or fees. Those remedies exist only through a mandamus action, and a requester must choose one path or the other, not both.

You can sue the moment a request is denied. A requester must first serve the office a complaint on the form prescribed by the Court of Claims clerk, wait at least three business days for the office to cure it, and then file a written affirmation of that timeline with the court. Skipping this step can get the case dismissed.

Body camera footage is either entirely public or entirely secret. It is public but subject to defined restricted portions that can be redacted, and a court can still order a restricted portion released under the clear-and-convincing public-interest standard.

Copies are free the same way inspection is. Copies can carry the office's actual cost, and a law enforcement agency or prosecutor's office can charge for preparing video even for inspection, up to 75 dollars an hour, capped at 750 dollars.

Disclaimer

This article provides general information about Ohio's Public Records Act, R.C. 149.43, as in effect and verified against primary state sources on the date noted above. It is not legal advice and does not create an attorney-client relationship. Ohio's public-records statute amends periodically, including a version effective September 30, 2025 and a further amendment under House Bill 31 of the 136th General Assembly. Confirm the current text at codes.ohio.gov or consult a licensed Ohio attorney before relying on a specific provision for an active dispute or deadline.

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Last updated: August 12, 2026.

Frequently Asked Questions

Can anyone request public records in Ohio, or do you have to be an Ohio resident?

Anyone can. R.C. 149.43 gives the right to any person, and the statute has no residency requirement.

Do I have to give a reason or show ID to request a public record in Ohio?

No. R.C. 149.43(B) bars a public office from conditioning access on your identity or your intended use of the record, unless another law specifically requires that disclosure.

What records are not public in Ohio?

R.C. 149.43(A)(1) excludes more than fifty categories from the public record definition, including medical records, probation and parole proceeding records, confidential law enforcement investigatory records, DNA database records, inmate records under R.C. 5120.21, intellectual property records, and the home addresses of designated public service workers like police officers and judges.

Is a police incident report public in Ohio, or is it a confidential law enforcement investigatory record?

Ordinary incident and arrest-level information is generally public. The narrower confidential law enforcement investigatory record exemption can shield specific investigatory work product, but the Ohio Supreme Court held in State ex rel. Caster v. Columbus (2016) that this piece of the exemption ends once the underlying criminal trial concludes.

Can I get police body camera footage in Ohio, and can parts of it be blacked out?

Yes, body camera footage is a public record, but the office can redact defined restricted portions such as a deceased person's image, a child's face, or nudity. A court can still order a restricted portion released if the public interest substantially outweighs the privacy interests involved.

How much can an Ohio public office charge for copies, especially body camera or dashcam video?

Inspecting most records carries no charge, and copies cost the office's actual cost. For video held by a state or local law enforcement agency or a prosecuting attorney's office, that agency or office can charge its actual cost of preparing the video for inspection or production, capped at 75 dollars per hour of video and 750 dollars total, and can require prepayment of its estimate. Other public offices charge actual cost for copies with no video-specific ceiling. That fee is waived only when the victim, or the victim's legal counsel, submits an affidavit showing the video is needed to investigate harm or damages from the incident.

What happens if an Ohio public office denies or ignores my records request?

A requester must first serve the office a complaint on the form prescribed by the Court of Claims clerk and wait at least three business days for it to cure the problem, then choose one of two paths, not both: a complaint with the Ohio Court of Claims under R.C. 2743.75, a lower-cost process that cannot award damages or fees, or a traditional mandamus action in a court of common pleas, a court of appeals, or the Ohio Supreme Court, where damages and fees are available.

How much can I recover in statutory damages if Ohio denies my valid records request, and when does the clock start?

Damages are available only through a mandamus action, not the Court of Claims process. They are fixed at 100 dollars per business day of noncompliance, capped at 1,000 dollars total, and the clock starts on the day the requester files the mandamus action, not on the date of the original denial.

Can I get attorney fees if I have to sue to get a record in Ohio?

Sometimes, but only in a mandamus action, not the Court of Claims process. A prevailing requester can recover attorney fees where a court orders compliance or where the office missed its response deadline, broke a promised timeline, or only produced records after suit was filed. Fees are generally not available where the office had a reasonable legal basis for the denial.

Can someone in prison request public records about a criminal case in Ohio?

Generally no. R.C. 149.43(B)(8) blocks a person incarcerated pursuant to a criminal conviction or a juvenile adjudication from inspecting any public record concerning a criminal investigation or prosecution, not only their own, unless the sentencing judge finds the records are needed to support a justiciable claim.

Is a death record or the fact of someone's death a medical record exempt from Ohio's public records law?

No. Ohio's medical record definition specifically excludes the bare facts of births, deaths, and hospital admission or discharge, so those facts are not swept into the medical-record exemption on their own.