New Jersey Public Records Law
The New Jersey Open Public Records Act (OPRA) provides members of the public with the right to access records created by or maintained by state, county, and local agencies. Under this act, any interested citizen of the state may examine, inspect, or obtain copies of these government records, except in certain circumstances where disclosure may be exempted to protect the public interest.
Where Do I Submit a Public Record Request in New Jersey?
Under the New Jersey Open Public Records Act, government agencies are required to appoint a "Custodian of Records" responsible for handling all public records requests. To this end, you may submit your request directly to the designated custodian of the specific agency holding the desired record(s).
You may also contact the state's Government Records Council at (866) 850-0511 or via email for guidance and information on the process for submitting public records in New Jersey.
How Do I Request Public Records in New Jersey?
You may request public records in New Jersey by taking the following steps:
- Determine the specific agency where the record you need is located/maintained.
- Contact the agency's Custodian of Records. This is usually the municipal clerk for municipalities; for other public agencies, it is usually an officer formally designated by the agency's director or governing body.
- Submit a request in writing. Most agencies offer paper records request forms that may be submitted in person or via mail, as well as dedicated online portals for completing and submitting public record requests.
- Pay any applicable fees. Be aware that some agencies may also require a valid ID.
In addition to directly contacting the record custodian, certain New Jersey public records, such as court records and property records, may also be accessible through third-party websites. However, it should be noted that records obtained from these platforms may not always be up-to-date or official, and you may also be charged a service fee.
What Records Are Public in New Jersey?
Per New Jersey's Open Public Records Act, a wide range of government records are accessible to the public, including:
- Law Enforcement Records: such as police reports, arrest records, incident reports, motor vehicle accident reports, and sex offender records. Note that certain law enforcement records or information contained in these records (such as photographs and fingerprint cards) may be redacted to protect ongoing investigations or personal privacy.
- Property Records: such as deeds, property tax assessments, mortgage records, and zoning permits.
- Judicial/Court Records: the New Jersey trial court system, which comprises Superior, Municipal, and Surrogate Courts, generates and maintains civil and criminal case files, judgments, bankruptcy filings, and other records that are publicly accessible, except where sealed by court order.
- Government Financial Records: such as government agency budgets, audit and expenditure reports, and contracts.
It should be noted that even though New Jersey divorce records are generally open to any interested party, other vital records (birth, death, and marriage) are not public; as such, they may only be accessed by individuals with a direct and tangible interest in the record. Nonetheless, these records are typically "opened" after a specific period has elapsed - 80, 40, and 50 years for birth, death, and marriage records, respectively.
Who Can Request Public Records in New Jersey?
New Jersey's Open Public Records Act grants citizens of the state the right to inspect, copy, or examine government records. While "citizens of the state" generally refers to individuals who currently reside in New Jersey, it also includes commercial and out-of-state requestors (as interpreted by the state's Appellate Division of Superior Court).
What Is the Response Time for Public Records Requests in New Jersey?
Record custodians are typically required to respond to OPRA requests within seven business days. This response may include providing the requested records, denying the request with an explanation, or requesting an extension if the records cannot be produced within the initial time frame.
What Is the Fee Charged for Providing Copies of Public Records?
Per state law, government agencies may charge up to 75 cents per page for paper copies of public records. For non-printed records, the fee is usually the cost of the materials and supplies used to make a copy of the record. Special service fees may also apply for requests that involve extensive research or special materials and equipment to copy the desired record(s).
What Records Are Exempted Under the New Jersey Public Records Law?
Certain records are exempt from public disclosure under OPRA. These include:
- Medical examiner records
- Legislative records
- Trade secrets and proprietary information
- Records within attorney-client privilege
- Victims' records
- Records related to ongoing criminal investigations
- Sealed court orders
- Personal identifying information
- Honorable discharge certificates