Expungement Order Doesn’t Block Request for Internal Affairs Report Under OPRA

In States Newsroom, Inc. v. City of Jersey City, the plaintiff submitted an Open Public Records Act (OPRA) request for an Internal Affairs (IA) report regarding an incident involving a police lieutenant who discharged a shotgun at his home. The police officer had hosted a barbaque and an argument ensued over leftovers. 

The lieutenant was charged with a criminal offense and plead guilty to a lesser offense. Thereafter, he sent notice to expunge his records for the criminal matter. Simultaneously, the police department conducted an IA investigation and found that the lieutenant negligently used a firearm while under the influence and suspended him for 90 days.

States Newsroom submitted an OPRA request for that IA report. The Police Department denied the request. States Newsroom filed a lawsuit seeking the IA report pursuant to OPRA. The trial judge held that the expungement statute was an absolute bar to the information sought. 

However, the Appellate Division affirmed, in part, and reversed and remanded, in part. The Appellate Division held that the trial judge should have conducted a review of the IA records and the expungement records, and then determined what could be released rather than holding that the statute was an absolute bar. 

Moreover, the Appellate Division held that the trial judge should have applied the cases of Loigman and Rivera, which set forth the balancing test the courts must apply to determine if IA records are subject to public disclosure. The Appellate Division suggested it appeared that none of the factors appeared to favor non-disclosure.

Please do not hesitate to contact me with any questions regarding this case or other issues that pertain to OPRA and discovery issues surrounding Internal Affairs’ records. 

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