b. Rules for closed investigations.

See explanation for N(4) above.

Although criminal investigatory records are exempt under OPRA, closed criminal investigatory records may be accessible under the common law right to know. There the court will engage in the common law balancing, weighing the interest in access against the interest in confidentiality. Because the investigation is closed the interest in confidentiality is diminished, increasing the chances that the court will find in favor of access. See, Shuttleworth v. City of Camden, 258 N.J. Super. 573 (App. Div. 1992).