Minnesota Public Records

A Minnesota public record refers to any information, document, or data maintained by a government agency, created or received in the course of official business. These records are accessible to the public, subject to exceptions and restrictions defined by state laws.

The Minnesota Government Data Practices Act (MGDPA) regulates the collection, creation, storage, and dissemination of public records in the state. This legislation provides guidelines and procedures for state and local government agencies on handling and disseminating data. According to the statutes, government agencies are required to disclose records in their custody to the public upon request, except for those records exempted by law.

Public records in Minnesota ensure government transparency and accountability. They provide the public with access to records of information that could aid informed decision-making, support legal and historical research, and empower citizens to engage with their government.

Are Minnesota Records Public?

Yes. The Minnesota Government Data Practices Act (Section 13.01.3 of the MGDPA) designates government-maintained records as public documents available for public inspection or duplication. Section 13.03.3 of the MGDPA empowers interested persons to exercise their fundamental rights to access government records by submitting a public records request to a record custodian.

Despite the aforementioned provisions, Section 13.37 of the MGDPA restricts or excludes the disclosure of records deemed non-public data or not-public data. In cases where such classification is applicable, access is limited to only authorized parties or those granted access by a court order. Otherwise, they are completely exempted from public disclosure.

The following types of information are considered non-public data and are exempt from public disclosure:

Consumer complaint data;
Security information, such as account numbers, phone numbers, email addresses, and lists of volunteers in a crime prevention program;
Trade secret information;
Parking space leasing data;
Medical and health records;
Domestic abuse data;
Employment and training data.

Minnesota Public Records Act

The Minnesota Government Data Practices Act (MGDPA), enacted in 1974, is the state's open records law. The Act regulates access to government data and establishes procedures for the dissemination of Minnesota public records. According to the MGDPA, all records in the custody of a government agency are considered public and are available for inspection and copying by the public unless an exemption applies. The Act allows anyone, regardless of citizenship or residency, to access Minnesota's public records.

However, while the MGDPA promotes openness, it does not mandate disclosure of the intended use of the records being sought. Hence, requesters are not required to provide explanations for accessing public records under this legislation or identify themselves.

Under the MGDPA, a public record, or 'government data' in the Act, is defined as "all data collected, created, received, maintained, or disseminated by any government entity regardless of its physical form, storage media, or conditions of use."

Below are some of the records that fall within the MGDPA's definition of government data:

Bankruptcy records
Inmate records
Arrest logs
Property records
Licenses and permits issued by government agencies
Records related to the government's finances, budget, and expenditure
Sex offender records
Traffic accident data
Survey data
Contracting records.

How Do I Find Public Records in Minnesota?

The MGDPA mandates government agencies or responsible authorities (record custodians) to respond to requests for public records. The agency or custodian determines the procedures or methods for submitting a public record request and the means for inspecting or copying the records, which may vary across agencies. However, the steps below can be used to retrieve public data from any government agency in Minnesota:

Step 1: Identify the type of record needed

The initial step is to determine the specific type of record needed. Diverse public data is available in Minnesota for the public to request, so identifying the kind of record required is crucial in finding Minnesota public records.

Step 2: Identify the custodian of the record

Next, identify the government agency that handles such records. This could be carried out by researching online or offline. Inquirers may contact the Minnesota Secretary of State through any available contact channels on the official website to find out which agency maintains and dispenses the records of interest. For example, a requester seeking a court record can submit a request at the court where the case was filed, while property records can be requested from a recorder's office or county clerk's office.

Step 3: Verify record availability and means of access

Refer to the record custodian's or agency's website to find information confirming the agency dispenses such records and for guidelines or instructions on how to submit a public record request. Additional information, such as whether records are dispensed in person, via mail, or online and the applicable fees, may also be available on the agency's website. In most cases, a designated phone number or email is provided to help requesters contact the responsible authority or individuals designated by the responsible authority. In addition, inquirers may be required to provide information to facilitate the search, including a case number, party name, page number, birth date, location, or city where the event took place (if applicable).

Step 4: Submit the request and pay the applicable fees

While each government entity may have its procedures, requests are typically made in writing or using the agency-provided request form. For instance, the data practice office offers a sample request letter to guide writing requests. Whatever method(s) are accepted, follow the instructions, supply all required information, such as details related to the requested record and the inquirer's name and contact address, and pay the applicable fees. Fees depend on the record type and volume.

Find Minnesota Public Records for Free

Access to Minnesota public records for free is contingent on the specific record and the agency in custody of the data. Generally, free access is often facilitated through online record portals or in-person via public access terminals available at agency locations. Some of these free sources are outlined below.

The Minnesota Department of Corrections offender locator;
Minnesota state district (trial) court records available through the MCRO;
Minnesota Court of Appeals and Supreme Court records accessible for free via P-MACS;
Public access terminals for in-person record access at every Minnesota District Courthouse;
The Minnesota Secretary of State's business entity search portal;
County Sheriff Offices online jail rosters (e.g., Hennepin County jail roster).

What Happens if I Am Refused a Public Records Request?

A refusal to process a public records request in Minnesota may occur due to legal restrictions, incomplete requests, non-existent records, ongoing investigations, executive privilege, or the presence of trade secrets.

When a request for public records is rejected, the responsible authority or designee of the government agency must inform the requester either orally at the time of an in-person request or in writing promptly after receiving the request.

Suppose the requester wishes to understand the reason for the denial. In that case, they can request a written response, which should include an explanation of the statute, temporary classification, or federal law on which the denial is based.
If the requester feels unfairly denied, they have several options. They can contact the Commissioner of Administration and pay the applicable fee for a written opinion on the case. Alternatively, a requester can file a complaint alleging a violation of government data practices with the Office of Administrative Hearings, paying a filing fee.

The complaint must detail the basis for the violation and be submitted under oath. The administrative law judge will review the complaint, issue a preliminary determination, and conduct a hearing within 30 business days. Subsequently, the judge may dismiss the complaint, find a violation, impose a civil penalty, compel compliance, or refer the case for criminal charges.

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

The time to obtain a Minnesota public record depends on the nature of the request. According to Minn. Stat. 13.04 (subd. 3), a public data request concerning records related to the requester will be fulfilled within ten business days. If a member of the public or media, under Minn. Stat. 13.03 (subd. 3), requests data about a third party or entity, the requested data will be provided in an appropriate and reasonable amount of time. Thus, there is no specified time limit for an agency to provide public records after they've been requested.

Generally, the time the responsible authority takes to respond to a data request can depend on factors such as the type and volume of data requested, the storage location and ease of retrieval of the data, the clarity of the request, and the availability of staff members to handle record requests.