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Public Access to Investigative Records State-By-State |
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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.
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Active Investigations
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Closed Investigations
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Alabama
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Closed
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Closed
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Alaska
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Open With Restrictions*
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Open With Restrictions*
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Arizona
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Open after arrest made
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Open
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Arkansas
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Closed
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Open
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California
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Closed
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Closed
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Colorado
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Open With Restrictions*
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Open subject to balancing test†
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Connecticut
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Open With Restrictions*
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Open With Restrictions*
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Delaware
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Closed
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Closed
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District of Columbia
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Open With Restrictions*
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Open With Restrictions*
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Florida
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Closed
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Open
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Georgia
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Closed
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Open
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Hawaii
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Closed
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Open
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Idaho
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Open With Restrictions*
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Open With Restrictions*
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Illinois
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Open With Restrictions*
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Open With Restrictions*
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Indiana
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Agency Discretion
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Agency Discretion
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Iowa
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Closed
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Open
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Kansas
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Closed
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Open With Restrictions*
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Kentucky
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Closed
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Open With Restrictions*
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Louisiana
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Closed
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Open after any related litigation is settled
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Maine
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Open With Restrictions*
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Open With Restrictions*
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Maryland
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Agency Discretion
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Open
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Massachusetts
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Closed
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Open With Restrictions*
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Michigan
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Open With Restrictions*
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Open
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Minnesota
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Closed
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Open
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Mississippi
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Agency Discretion
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Open
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Missouri
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Closed
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Open
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Montana
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Closed
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Closed
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Nebraska
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Closed
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Closed
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Nevada
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Open With Restrictions*
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Open subject to balancing test†
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New Hampshire
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Open With Restrictions*
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Open With Restrictions*
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New Jersey
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Closed
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Open subject to balancing test†
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New Mexico
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Open With Restrictions*
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Open
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New York
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Open With Restrictions*
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Open With Restrictions*
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North Carolina
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Closed
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Closed
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North Dakota
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Closed
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Open
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Ohio
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Open With Restrictions*
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Open
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Oklahoma
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Open subject to balancing test†
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Open subject to balancing test†
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Oregon
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Closed
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Closed
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Pennsylvania
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Closed
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Closed
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Rhode Island
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Open With Restrictions*
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Open With Restrictions*
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South Carolina
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Open With Restrictions*
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Open With Restrictions*
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South Dakota
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Closed
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Closed
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Tennessee
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Closed
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Open
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Texas
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Closed
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Open after conviction
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Utah
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Open With Restrictions*
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Open With Restrictions*
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Vermont
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Closed
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Closed
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Virginia
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Agency Discretion
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Agency Discretion
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Washington
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Open With Restrictions*
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Open
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West Virginia
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Closed
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Open
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Wisconsin
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Closed
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Open
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Wyoming
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Agency Discretion
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Agency Discretion
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* 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
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