b. Rules for closed investigations.

Only records of “ongoing criminal investigations” are exempt. Martin v. Musteen, 303 Ark. 656, 799 S.W.2d 540 (1990) (criminal investigation was ongoing for FOIA purposes even though charges had been filed against one of several suspects).

If an investigation has been concluded, the exemption no longer applies and the records are open. McCambridge v. City of Little Rock, 298 Ark. 219, 766 S.W.2d 909 (1989). That the records may contain names of confidential informants or other sensitive information is irrelevant. Ark. Op. Att’y Gen. No. 90-305. Records concerning investigation of a juvenile are open after the investigation is completed, provided that the juvenile has not been arrested. Ark. Op. Att’y Gen. No. 98-151.

An investigation is not ongoing when a police department has closed the case by “administrative action,” McCambridge v. City of Little Rock, supra, or when a prosecuting attorney decides not to pursue criminal charges. Ark. Op. Att’y Gen. No. 99-110. Otherwise, it is not clear when an investigation is considered at an end for FOIA purposes. Compare Ark. Op. Att’y Gen. Nos. 88-055 (investigation is closed when law enforcement agency turns case over to the prosecutor), 89-101 (investigation is open until trial is completed or statute of limitations has run), 89-311 (investigation is closed when case “proceeds to trial”), 90-305 (investigation ends when charges are filed). The Attorney General has opined that “there is no bright line rule,” and the point of closure may be marked by any of the defendant’s arrest, the completion of trial, the conclusion of appeal, or another event. Ark. Op. Att’y Gen. No. 2002-303. To the extent that this issue turns on the facts of a given case, it is a question for the trial court. Martin v. Musteen, supra.

The exemption applies to copies of records in police files when the originals have been forwarded to another law enforcement agency that is continuing the investigation. Ark. Op. Att’y Gen. Nos. 98-127, 92-237.