Thanks to VCOG’s Laurence Richardson Intern, here’s a quick-hit chart of how states across the country handle access to records in “open” and “closed” investigations. The Freedom of Information Advisory Council is currently studying this issue.
|
Active Investigations |
Closed Investigations |
Alabama |
Closed |
Closed |
Alaska |
Open With Restrictions* |
Open With Restrictions* |
Arizona |
Open after arrest made |
Open |
Arkansas |
Closed |
Open |
California |
Closed |
Closed |
Colorado |
Open With Restrictions* |
Open subject to balancing test† |
Connecticut |
Open With Restrictions* |
Open With Restrictions* |
Delaware |
Closed |
Closed |
District of Columbia |
Open With Restrictions* |
Open With Restrictions* |
Florida |
Closed |
Open |
Georgia |
Closed |
Open |
Hawaii |
Closed |
Open |
Idaho |
Open With Restrictions* |
Open With Restrictions* |
Illinois |
Open With Restrictions* |
Open With Restrictions* |
Indiana |
Agency Discretion |
Agency Discretion |
Iowa |
Closed |
Open |
Kansas |
Closed |
Open With Restrictions* |
Kentucky |
Closed |
Open With Restrictions* |
Louisiana |
Closed |
Open after any related litigation is settled |
Maine |
Open With Restrictions* |
Open With Restrictions* |
Maryland |
Agency Discretion |
Open |
Massachusetts |
Closed |
Open With Restrictions* |
Michigan |
Open With Restrictions* |
Open |
Minnesota |
Closed |
Open |
Mississippi |
Agency Discretion |
Open |
Missouri |
Closed |
Open |
Montana |
Closed |
Closed |
Nebraska |
Closed |
Closed |
Nevada |
Open With Restrictions* |
Open subject to balancing test† |
New Hampshire |
Open With Restrictions* |
Open With Restrictions* |
New Jersey |
Closed |
Open subject to balancing test† |
New Mexico |
Open With Restrictions* |
Open |
New York |
Open With Restrictions* |
Open With Restrictions* |
North Carolina |
Closed |
Closed |
North Dakota |
Closed |
Open |
Ohio |
Open With Restrictions* |
Open |
Oklahoma |
Open subject to balancing test† |
Open subject to balancing test† |
Oregon |
Closed |
Closed |
Pennsylvania |
Closed |
Closed |
Rhode Island |
Open With Restrictions* |
Open With Restrictions* |
South Carolina |
Open With Restrictions* |
Open With Restrictions* |
South Dakota |
Closed |
Closed |
Tennessee |
Closed |
Open |
Texas |
Closed |
Open after conviction |
Utah |
Open With Restrictions* |
Open With Restrictions* |
Vermont |
Closed |
Closed |
Virginia |
Agency Discretion |
Agency Discretion |
Washington |
Open With Restrictions* |
Open |
West Virginia |
Closed |
Open |
Wisconsin |
Closed |
Open |
Wyoming |
Agency Discretion |
Agency Discretion |
* Typically closed if release would jeopardize confidential police tactics, witness safety, or a trial’s fairness
† Typically weighing public and individual interests in disclosure against law enforcement and privacy interests in secrecy