VIRGINIA FREEDOM OF INFORMATION ACT. DISCLOSURE. EXEMPTION FROM MANDATORY DISCLOSURE OF RECORDS RELATING TO CRIMINAL INVESTIGATIONS.

August 31, 1982

The Honorable W. Onico Barker
Member, Senate of Virginia

82-83 711

This is in reply to your letter of August 18, 1982, in which you inquire how a citizen's group which has established a Community Watch Program may obtain a list of items of privately owned personal property held by police agencies, which have not been claimed or identified by the owners. The purpose in obtaining the list is to include it in a newsletter in hopes of aiding in the identification and return of the items to the rightful owners.

Records maintained by police agencies are "official records" within the contemplation of the Virginia Freedom of Information Act (§§2.1-340 through 2.1-346.1 of the Code of Virginia), and except as otherwise specifically provided by law, would be open to inspection and copying by any citizen of the Commonwealth. Expressly excepted from the provisions of such mandatory disclosure, however, are memoranda, correspondence, evidence and complaints relating to criminal investigations. See §2.1-342(b)(1). Accordingly, I am of the opinion that law enforcement agencies would not be required to release the list of unclaimed personal property so long as such items are related to a criminal investigation,

You have also requested my advice as to any procedure which may be utilized by the citizen's group to obtain such information. The foregoing conclusion should not be interpreted as a suggestion that police authorities are not at liberty to voluntarily release such information. Although not subject to mandatory disclosure, such records may be released by police agencies if such dissemination is in the public interest and does not interfere with a criminal investigation Accordingly, I suggest that the citizen's group address a request to each police agency which may have such a list of unclaimed property, with a view toward obtaining a voluntary release of such information in an effort to locate the rightful owners.