FAQ > Sunshine Laws FAQs > If someone is not given public records, what legal options does that person have?

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If someone is not given public records, what legal options does that person have?
People who believe they have been wrongly denied a public record that they requested may choose from one of two options, but not both:  1) they can file a lawsuit, called a mandamus action, against the public office, or 2) they can file a complaint with the Ohio Court of Claims. The burden will be on the public office to show the court that any record that it withheld was clearly protected by one or more valid exceptions under the law. If not, the public office will be ordered to provide the record, and may be subject to a civil penalty and payment of attorney fees. The Public Records Act is a “self-help” statute, which requires citizens who believe that the act has been violated to independently pursue a remedy (like a lawsuit), rather than asking a public official such as the Ohio Attorney General to initiate legal action on their behalf. ORC 149.43(C)(1).