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