Public Access to Investigative Records State-By-State

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