How to File a Public Records Request in Nebraska
The Nebraska Public Records Statutes, codified at Neb. Rev. Stat. §§ 84-712 through 84-712.09, guarantee that all residents and any other interested persons may examine and obtain copies of public records held by any state, county, or municipal agency. The law begins with a presumption of openness: all government records are public unless another statute expressly provides otherwise. Nebraska does not require requesters to state a reason for their request. Upon receipt of a written request, the custodian must respond within four business days — one of the shortest statutory windows in the nation. The burden falls on the government agency to justify withholding, not on the requester to establish entitlement. Violations of the statutes constitute a Class III misdemeanor, and officials who violate the law may be removed from office.
The Nebraska Public Records Statutes
- Statutory Citation
- Neb. Rev. Stat. §§ 84-712 through 84-712.09
- Response Deadline
- 4 business days
- Fee Provisions
- Residents may inspect records using their own copying equipment at no charge. When the agency makes copies, it may charge the actual added cost of materials such as paper, toner, and equipment. Nebraska residents are not charged for the first eight cumulative hours of staff time spent searching, identifying, physically redacting, or copying records; after that threshold, a special service charge reflecting calculated labor cost may apply. Nonresidents may be charged for attorney and nonattorney staff time from the first hour. If estimated copy costs exceed $50, the custodian may require a deposit. Fees may be waived in the public interest.
- Key Exemptions
- Records that may be withheld under Neb. Rev. Stat. § 84-712.05 include: student and personnel records containing personal information; medical records; trade secrets; attorney work product; active law enforcement and investigative records; certain archeological site records; real estate appraisals prior to acquisition; cybersecurity records relating to the nature, location, or function of a public entity's cybersecurity; and personal information of nonprofit members, supporters, volunteers, or donors held by public entities. Exemptions are permissive, not mandatory — agencies may still choose to disclose.
- Appeal Process
- There is no formal intra-agency appeal process, but an informal appeal to the denying official's supervisor is sometimes effective. A denied requester may petition the Nebraska Attorney General under Neb. Rev. Stat. § 84-712.03 to review whether records were properly withheld; the AG must decide within 15 calendar days. If the AG orders disclosure and the agency refuses, the requester may file suit in district court or demand the AG do so. Courts may award reasonable attorney fees and litigation costs to a requester who has substantially prevailed, under Neb. Rev. Stat. § 84-712.07.
- Ombudsman
- Nebraska has a State Ombudsman, but that office has no role in enforcing the public records statutes. The Nebraska Attorney General serves as the primary administrative review authority for public records disputes.
City FOIA Guides in Nebraska
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in Nebraska?
If you're dealing with missing records or unresponsive agencies in Nebraska, Project Paper Trail can help you follow the paper trail on development approvals.
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