Managing Public Records Requests

Help with Public Records Requests...

Agencies (and the public) looking for help with public records requests should contact the Office of the Attorney General:

• Open Government Ombuds Function (External Link)
• Local Government Public Records Consultations (External Link)

Washington State Archives' role is assist government agencies with the management and retention of public records, not with compliance with the Public Records Act (chapter 42.56 RCW).

Public Records Reporting to JLARC...

• Public Records Reporting to the Joint Legislative Audit and Review Committee (External Link)

How Managing Records Helps with Public Records Requests

Organizing and inventorying records can help agencies know what records they have and where they are to help respond to public records requests.

Routinely destroying non-archival records which have met their minimum retention and transferring archival records to Washington State Archives can reduce the number of records that need to be searched through and make responsive records easier to find.

How Local Records Grants Can Help with Public Records Requests

Digital Imaging Grants can help local governments digitize paper records to improve responding to public records requests.

Organizing the File Room Grants can help local governments know what records they have and where they are to improve responding to public records requests.

Technology Tools Grants can help local government purchase public records request tracking software, redaction software, scanners, and other technology to help improve responding to public records requests..

Impact of Public Records Requests on Records Retention

During a Public Records Request – Do NOT Destroy

Records responsive (or potentially responsive) to a public records request must be placed on a destruction hold as soon as the request has been received (RCW 42.56.100).

This applies to records that:

1. Met their minimum retention period before the request was received, but had yet to be destroyed; or
2. Reach their minimum retention period after the request was received, but before the request is fulfilled.

After Request Is Fulfilled – Normal Retention Applies

Once a public records request is fulfilled, the original requested records may be destroyed as planned. The records request does not add to the records’ retention requirement; it just puts a hold on their destruction while the request is open.

Retention of Copies/Descriptions of Records Provided

If an agency uses copies of the records (instead of lists describing them) as their evidence of what was provided to the requester, those copies are to be retained with other records relating to the request in accordance with Public Disclosure/Records Requests (DAN GS 05001 / GS2010-014) in the State Government General Records Retention Schedule or the Local Government Common Records Retention Schedule (CORE).

How Long Do Public Records Requests and Logs Need to Be Kept?

This does not affect the retention requirements for the actual records that are the subject of the request.

Why Are Public Records Request Records Kept for 2 Years?

The Public Records Act notes that legal actions for alleged public disclosure violations must be brought against agencies within 1 year (chapter 42.56.550(6) RCW).

However, in Belenski v. Jefferson County (2016), the Washington State Supreme Court found that while this 1-year statute of limitations usually applies, it does not apply in every case.

The statute of limitations may be exceeded in the following scenarios:

• Plaintiff could not or did not discover the alleged violation until after the statute of limitations expired (an exception known as equitable tolling);
• The limitation period was not triggered because the agency did not follow proper procedures by providing a final, definitive response to the public disclosure request.

The 2-year retention period provides agencies an extra year to protect themselves from liability by retaining records responsive to lawsuits in which the 1-year statute of limitations is ruled not applicable.

Strategies for Applying Retention to Public Records Request Logs

Electronic Logs

If the agency uses a database, Excel spreadsheet, etc., for its public records request log, then the retention can be applied to the individual log entries.

This means that each log entry can be deleted/purged 2 years after that particular records request is fulfilled.

Paper Logs

If the agency uses a bound paper book (non-removable pages) for its public records request log, then retain the entire book for 2 years after the last public records request in the book is fulfilled.

If the agency uses a binder (or other volume with removable pages) for its public records request log, then retain each page for 2 years after the last public records request on the page is fulfilled.

Last Updated: October 2026