New Jersey Public Records

New Jersey public records are any writing or recording containing information about a local or state government agency's official business. These records are maintained pursuant to the New Jersey Open Public Records Act (OPRA), which facilitates public disclosure of government information.

As part of the Open Policy of New Jersey, the OPRA dictates that local authorities collate, maintain, and disclose their records upon request, except where nondisclosure serves the public interest.

Public access to New Jersey public records is essential for the conduct of the public's business. It protects citizens' rights, privileges, property, and lives. These records also foster accountability in government, ensuring that the officials take responsibility for their actions and aiding optimal government decision-making.

Are New Jersey Records Public?

Yes. New Jersey records are publicly available for inspection or copying under the New Jersey Public Records Act unless exempt. Per the Act, a public body has a duty and commitment to safeguard a citizen's personal information from the public when disclosure would violate the citizen's reasonable expectation of privacy.

New Jersey's OPRA lists 27 specific public access exemptions, including exemptions required by other state and federal laws. These include:

**Legislative records: **Information, memos, correspondence, notes, and reports received by members of the Legislature from a constituent or kept by members concerning a constituent, whether in a written form or contained in any email or computer database, unless it is information the law mandates the constituent to transmit
Medical examiner records: Any reproduction, copy, or facsimile of any print, photograph, or videotape of a deceased person taken for post-mortem examination, except when used in a criminal action, in court, or for forensic pathology and medical research
Criminal investigatory records
Victims records: This includes victims' records, save that the victim shall have access to their records
Trade secrets and proprietary financial records
Records protected by attorney-client privilege
Security measures and techniques: Measures and techniques that, if disclosed, would threaten the safety of persons, property, electronic data, or software
Court orders: Court records and case information that must be kept confidential per a court order
Personal identifying information: Any part of a document that divulges one's social security number, credit card number, unlisted telephone number, or driver's license number, except such disclosure is allowed by law

New Jersey Public Records Act

The State of New Jersey began creating public records in 1621, and today, these records can be found in all 33 counties of the state. The New Jersey Open Public Records Act, codified at NJSA 47:1A-1 et seq., governs access to these records. Particularly, the OPRA, which went into effect on July 7, 2002, was created to:

Define what public records are and are not.
Encourage the public's access to government records.
Institute an administrative appeals process for denied public records requests.

According to the Act, a "public record" is any written or printed book, paper, drawing, map, plan, photograph, microfilm, data or image-processed document, electronic information, or audio recording made or retained on file or received while conducting official affairs. The New Jersey Government Records Council (GRC) oversees the Open Public Records Act's (OPRA) administration statewide.

Altogether, the OPRA addresses the fundamental right of members of the public to reproduce and review all public records maintained by state or local government agencies except when the need for confidentiality outweighs the public interest in a record.

How Do I Find Public Records in New Jersey?

Anyone who wishes to find public records in New Jersey must submit a request in writing, which may be hand-delivered, mailed, electronically transmitted, or otherwise conveyed to the appropriate custodian. For example, a request for a school business administrator's payroll records should be submitted to the school district where the administrator is employed.

OPRA requests are not made verbally. In some cases, requesters may find a blank form on a public records custodian's website. For example, the NJ Department of Transportation provides an OPRA request form online for inquirers.

Compared to drafting a letter seeking access to a public record, a form simplifies the process of obtaining records under NJ's OPRA, as requesters can easily satisfy agency application requirements. Typically, the form will ask for the requester's details (name, address, and phone number) and the record's specifics (a brief description including names and dates). It will also indicate the associated fees. Where a person cannot specify the record they seek, the custodian may help them identify it.

Per the OPRA, a custodian must provide a requester access to a public record in whatever medium it is requested. The agency may charge a fee to convert the record to a requested medium, which also covers extra labor charges or vendor fees.

A custodian may also demand a deposit against costs for duplicating documents for an anonymous request if the custodian predicts that the information requested will cost more than $5. Special service charges are communicated to requesters as required by law.

Find New Jersey Public Records Free

Members of the public can view New Jersey public records for free under the state's Open Records Act, but a fee may apply to reproduce a record.

The usual methods for accessing a New Jersey public record at no charge include in person at an agency's physical location, online via an official records portal, and sometimes, by email or fax. In each case, the inquirer will need to furnish information with which to facilitate the search. This information may vary slightly between local and nationwide searches. However, details pertaining to the record such as a case number or page number, the record holder's name, birth date, the city or site of the event and related details may be necessary.

Where a fee applies, one must obtain the total from the applicable custodian's office. Each public agency maintains a separate fee schedule per the law. For example, Section 22A:4-1a of the NJ Statutes sets forth fees for records the New Jersey Department of Treasury keeps. Under the law, the Treasury can charge up to 10 cents per letter size page or smaller and up to 15 cents per legal size page or larger for a paper copy of any document on file.

What Happens if I Am Refused a Public Records Request?

The New Jersey Open Public Records Act (OPRA) outlines 27 specific exemptions to government records. Thus, if one is denied access to a public record in New Jersey, the custodian who issued the denial must provide the requester with a legal basis for it.

The person whose New Jersey public record request was refused may then take any of the following measures:

File suit in a New Jersey Superior Court
Submit a complaint to the Government Records Council per NJSA 47:1A-6

Note that a complaint must be filed in a Superior Court within 45 days of a denial.

The GRC, on the other hand, implements a 60-day filing limit from the date the requester received a written denial of access from the custodian or from when a custodian failed to respond to a public records request within seven business days. The Denial of Access Complaint form can be found on the GRC's website.

How Long Does It Take to Obtain a New Jersey Public Record?

Once a New Jersey OPRA request is submitted, the applicable custodian must respond within seven business days, especially if a record is available, not on hold, archived, or exempt. A custodian may grant or deny access to the record(s), demand further clarification, or request an extension for fulfilling the request.

Per the law, record custodians must provide immediate access to requested public records or a legitimate reason for delayed compliance. Suppose a custodian demands an extension of the deadline. In that case, they must notify the requester in writing within the seven-day deadline and provide an exact deadline for the availability of records.

A requester who suffers an unreasonable delay in response may contact the records custodian to inquire about the status of their request, or they may file a complaint, as explained previously.