6. Compilations of criminal histories

Compilations of criminal histories by the Alabama Criminal Justice Information Center (ACJIC) are available to only those persons with a “right to know” or “need to know” as determined by the ACJIC Commission.  Op. Att'y Gen. Ala. No. 2005-042, 2005 Ala. AG LEXIS 9 (Jan. 18, 2005); Ala. Code §§ 41-9-590 et seq. (2000); Ala. Code § 41-9-636 to 642 (2000); 4 Ala. Admin. Code chapter 265-X-2. Criminal history information from the Alabama Department of Public Safety is not a matter of public record and is not open to public inspection without the written permission of the individual whose criminal history is sought. Ala. Code § 32-2-61(a).

A detailed discussion of Alaska’s statutes and regulations governing access to information in criminal justice information systems is found in Open Records Guide section II.B.7.

Criminal histories maintained by the Board of Fingerprinting are exempt from the Arizona Public Records Law, except for a report that provides the number of applications for a good cause exception and the number of applications that were granted.  A.R.S. § 41-619.54.

Criminal histories are compiled and maintained by the Arkansas Crime Information Center, and they are exempt from the FOIA. Ark. Code Ann. § 12-12-1003(e).

Exempt. Local summary criminal history information (“rap sheet”) is exempt from disclosure. Cal. Penal Code § 13300. Also, records pertaining to closed investigations unrelated to any contemporaneous law enforcement activities are not required to be disclosed under Government Code Section 7923.610. Only specific information from contemporaneous investigations must be disclosed. Cal. Gov’t Code § 7923.610. See Cty. of Los Angeles v. Superior Court (Kusar), 18 Cal. App. 4th 588, 598-99, 22 Cal. Rptr. 2d 409 (1993) (placing time-restriction on access to information required to be disclosed under [Section 7923.610] for arrests); see also Kinney v. Superior Court, 77 Cal. App. 5th 168, 177-78, 181, 292 Cal. Rptr. 3d 392 (2022)(applying the Kusar court’s “contemporaneous” limitation to a request for the names of those arrested for DUIs during a one month period in 2020, which information at the time of the request was 11 to 12 months old, stating that “[a]fter 11 to 12 months, we do not see how releasing the arrestees’ name would serve the purpose of preventing clandestine police activity”). But see Frederick v. Superior Court, 233 Cal. App. 4th 209, 233, 182 Cal. Rptr. 3d 526 (2015) (casting doubt on continued validity of Kusar in context of request for information under [Section 7923.615]).

Compilations of criminal history are open under Colo. Rev. Stat. § 24-72-303.

See Conn. Gen. Stat. §§54-142c and 52-142k as discussed above in Records Outline at II.B.17 and 18 and Conn. Gen. Stat. §§54-76l and 54-76o as discussed above in Records Outline at II.B.19.

Title 11 Chapter 85 restricts access to criminal histories. News media may be given conviction data, but not all criminal history data. 11 Del. C. § 8513; Bd. of Managers of the Delaware Crim. Just. Info. Sys. v. Gannett Co., 2003 WL 1579170 (Del. Super. Jan. 17, 2003).

Not specifically addressed.

Criminal histories, like other non-exempt public records, are subject to the disclosure requirements of the Public Records Law. See Op. Att’y Gen. Fla. 77-125 (1977) (Florida’s Public Records Law applies to criminal history information compiled and maintained by the Florida Department of Criminal Law Enforcement). However, courts have the power to seal or expunge records containing criminal history information under statutorily specified circumstances. Fla. Stat. § 943.0585 (2020) (“Any court of competent jurisdiction may order a criminal justice agency to expunge the criminal history record of a minor or an adult who complies with the requirements of this section.”); see R.J.L. v. State, 887 So. 2d 1268 (Fla. 2004); State v. Herstik, 475 So. 2d 1268 (Fla. 4th DCA 1985); Walker v. State, 493 So. 2d 488 (Fla. DCA 1986); Op. Att’y Gen. Fla. 75-29 (1975); Op. Att’y Gen. Fla. 76-70 (1976). There are a number of requirements that an individual must meet in order to petition the court for expunction, including that the record must not be one that is ineligible for expunction under section 943.0584, the individual has never been adjudicated guilty in Florida of a felony or any of a specified list of violent misdemeanors, and the individual has not secured a prior sealing or expunction. Fla. Stat. § 943.0485(1)(a)-(h) (2020).

The Act itself does not address compilations of criminal histories.  Otherwise by law and regulation, Georgia specifically permits criminal justice agencies to release prior criminal history information to the news media or any other person if the information is based on data contained in: (a) posters, announcements, flyers or computerized databases created to aid in the identification or arrest of fugitives, wanted persons, habitual offenders, career criminals or highly dangerous offenders; (b) incident reports, arrest/booking reports and other reports prepared by criminal justice agencies and defined by law as public records; or (c) official records of public judicial proceedings.  Ga. Comp. R. & Regs. 140-2-.01.

The Georgia Department of Corrections maintains a publicly accessible online database of currently incarcerated and previously incarcerated offenders.

Arrest logs must be disclosed. See Public Access to Police Blotter Information, OIP Op. Ltr. No. 91-4 (Mar. 25, 1991). There is no exception for disclosure of names of individuals who were arrested and later released without charges being filed or released pending further investigation. Police Blotter Information, OIP Op. Ltr. No. 07-04 (Mar. 22, 2007). Conviction information in the Hawai‘i Criminal Justice Data Center’s database of information concerning the criminal history of individuals is public, but non-conviction information, including arrest information, is confidential and can only be disclosed to certain persons or under certain circumstances as set forth in Haw. Rev. Stat. § 846-9. Access to Arrest History Information, OIP Op. Ltr. No. 97-05 (June 10, 1997).

Criminal histories are not categorically exempt from disclosure under the Public Records Act.  Idaho Code § 74-124(3)(g). But see Idaho Code § 74-105(12) (“criminal history records and fingerprints, as defined by section 67-3001, Idaho Code, and compiled by Idaho state police are exempt. Such records shall be released only in accordance with chapter 30, title 67, Idaho Code”).

Open, pursuant to 5 ILCS 140/2.15(b). That subsection provides a non-exclusive list of records pertaining to criminal history record information which should be open: “(i) court records that are public; (ii) records that are otherwise available under State or local law; and (iii) records in which the requesting party is the individual identified, except as provided under Section 7(1)(d)(vi).” 5 ILCS 140/2.15(b); see Public Access Opinion 11-001 (available at  https://perma.cc/85S4-ZLJB).

Access to criminal histories is governed by Indiana Code Section 10-13-3-27. Access is permitted only in sixteen instances, including if the individual has applied for employment with the requestor; is a candidate for public office or is a public official; has been or is in the process of being arrested; or has been convicted of major felonies; is a volunteer at a public school or at an organization where contact with children is expected; is being sought by a parent locator service; is a registered sex or violent offender. Id.

See generally Iowa Code § 22.7(5).

Correctional records pertaining to an identifiable inmate are exempt from disclosure. K.S.A. 45-221(a)(29). Kan. Att’y Gen. Op.s 1984-124, 1982-226.

Permanent records of specified crimes are open. Kan. Att’y Gen. Ops. 1982-226; 1979-17. Conviction records required to be kept by statute are open. Kan. Att’y Gen. Op. 1975-211.

Criminal records previously closed under a valid expungement order may not be disclosed to the victim, or anyone else, unless such person qualifies for access pursuant to K.S.A. 21-6614. Kan. Att’y Gen. Op. 1992-27. Municipal court DUI diversion agreements are public records under KORA and must be disclosed upon request. 1994-07.

Juvenile offender records generally cannot be disclosed unless a K.S.A. 38-2309 statutory exception applies. Kan. Att’y Gen. Op. 1995-94.

Information provided to the law enforcement officer as required by the sex offender registration act, K.S.A. 22-4901, et seq., is open. K.S.A. 45-221(a)(29)(C).

Open, however, the primary compiler of criminal histories is the Administrative Office of the Courts, an entity not subject to the Open Records Act. Ex Parte Farley, 570 S.W.2d 617, 624 (Ky. 1978) (“[T]he custody and control of the records generated by the courts in the course of their work are inseparable from the judicial function itself, and are not subject to regulation.”).

Public information, if they do not pertain to a pending or reasonably anticipated criminal prosecution. See Op. Att'y Gen. 77-1370 and State v. Sanders, 357 So.2d 1089 (La. 1978). But see Ellerbe v. Andrews, 623 So.2d 41 (La. App. 1st Cir. 1993) (constitutional privacy interests prevent disclosure in a civil suit of a party's "rap sheet" from the State's centralized computer system).

However, criminal history records and identification files collected by the Louisiana State Board of Private Security Examiners are exempt. La. Rev. Stat. Ann. § 44:4.1(23).

Records containing conviction data are open to the public. 16 M.R.S.A. § 703(2), (3).   Non-conviction data is generally confidential.  Id.

Criminal history record information is exempt from disclosure.  Md. Code, Criminal Procedure § 10-219(a).  One intent of the law is “to prohibit the improper dissemination” of the information.  § 10-202(4) CHRI is data “developed or collected by a criminal justice unit about a person and that pertain to a reportable event.” § 10-201(d)(1).  Criminal history record information does not include: data contained in intelligence or investigatory files or police work product records used only for police investigations, including presentence investigation reports; police blotters, wanted posters, court opinions, records of judicial proceedings, information about motor vehicle or local ordinance violations, or presentence or probation reports used in judicial proceedings; or data about violations of traffic laws, local ordinances or State or local regulations. §10-201(d)(3).  The disclosure of the CHRIs is treated in a similar vein as the release of expunged records. § 10-204; § 10-109.

Massachusetts strictly limits the public dissemination of criminal offender record information.  By request to the Criminal History Systems Board along with payment of a fee, a member of the public may obtain a copy of the criminal record of any individual who meets both of the following criteria: (1) was ever given a committed or suspended sentence, or was ever convicted of a felony potentially punishable by incarceration for 5 years or more; and (2) is currently incarcerated, on probation or parole; or was discharged in the past year for a misdemeanor, the past 2 years for a felony, or the last 3 years after violating or being denied parole.  803 Mass. CMR 3.06.  One may also obtain one’s own criminal record, for a fee.  803 CMR 6.02.  See generally Massachusetts District Court Department of the Trial Court, “A Guide to Public Access, Sealing & Expungement of District Court Records” (Admin. Office of the Trial Court, rev. April 2010), at 32-33.

The law was amended in 2010 to reduce the waiting period before an individual may seek to have his or her criminal records sealed.  Beginning May 4, 2012, individuals may request that their misdemeanor records be sealed 5 years after the conviction or any period of incarceration, whichever is later; felony records, 10 years after the conviction or any period of incarceration, whichever is later; Level I sex offenders, 15 years after the conviction or any period of incarceration, or after the obligation to register as a sex offender ceases, whichever is later (no sealing is available for Level 2 or 3 sex offenders).  Massachusetts does not provide for automatic sealing.  Rather, a request for sealing must be made pursuant to G.L. c. 276, §§ 100A, 100C.

While there “is undoubtedly some public interest in anyone's criminal history [or autopsy report and toxicology test results], especially if the history is in some way related to” a public official, “the FOIA's central purpose is to ensure that the Government's activities be opened to the sharp eye of public scrutiny, not that information about private citizens that happens to be in the warehouse of the Government” be disclosed. Swickard v. Wayne Cty. Med. Exam’r, 438 Mich. 536, 575 (1991) (quoting Dep’t of Just. v. Reporters Comm. for Freedom of the Press, 489 U.S. 749 (1989)).

Criminal history data maintained by law enforcement agencies are private. The Bureau of Criminal Apprehension maintains public criminal histories. Minn. Stat. § 13.87.

Closed.

No specific provision.

The rules for disseminating criminal history information are generally determined by whether the information is “public” or “confidential.” Criminal history information that falls in the category of “public criminal justice information” must be released to the public. Mont. Code Ann. § 44-5-302.
Criminal history information that is not “public criminal justice information” can be released if:
1) the release is consented to by the person the information is about. Mont. Code Ann. § 44-5-302 (1)(a).
2) the district court determines that the release is necessary.
3) the dissemination is for statistical use, as provided for in Mont. Code Ann. § 44-5-304.
If a person’s conviction record reflects only misdemeanors and deferred prosecutions and the record contains no convictions for the past years, except traffic and fish and game or regulatory convictions, then the conviction record may be closed to the public. 42 Mont. A.G. Op. 119 (1988). The information remains available from the originating criminal justice agency. 40 Mont. A.G. Op. 35 (1984).

Complete criminal history record information is generally public, Neb. Rev. Stat. §29-3520 (Reissue 2016), although criminal history information may be made non-public under certain circumstances when a prosecution does not result in a conviction.

See Donrey of Nevada, Inc. v. Bradshaw, 106 Nev. 630 (1990).

Neither the Statute nor case law addresses this issue.

Exemption 7(C) of the Freedom of Information Act (FOIA), codified at 5 U.S.C.S. § 552(b)(7)(C), requires the court to balance the privacy interest in maintaining the practical obscurity of the rap sheets against the public interest in their release.  United States Dept. of Justice v. Reporters Comm. for Freedom of Press, 489 U.S. 749 (1989).

Compilations of criminal histories are public except for parts that reveal confidential sources, methods, information or individuals accused but not charged with a crime.  See NMSA 1978 § 29-10-4.  However, if a criminal history merely reveals an individual who has been charged with a crime, such record is available to the public.  See id.

The FOIL does not directly exempt from disclosure compilations of criminal histories. The New York State Division of Criminal Justice Services, which compiles criminal histories, is governed by a statutory directive to adopt measures to assure the security and privacy of identification and information data in its possession. N.Y. Exec. Law § 837(8) (McKinney 1982). The division has relied upon this statutory provision to promulgate regulations exempting information in its criminal history files from disclosure on the basis that disclosure would result in an unwarranted invasion of personal privacy. 9 N.Y.C.R.R. 6150.4(b)(6) (1978). Capital Newspapers Division of Hearst Corp. v. Poklemba, No. 6308-88 (Sup. Ct., Albany Cty., Dec. 30, 1988) (denying access to computer data base of criminal convictions). In contrast, the Committee on Open Government has issued several advisory opinions stating that criminal history records, including those compiled by the Division of Criminal Justice Services, should be available under FOIL, except for arrest records or other information the disclosure of which could constitute an unwarranted invasion of personal privacy. Comm. Open Gov’t, FOIL-AO-4269 (1986); FOIL-AO-3455 (1984); FOIL-AO-2396 (1982); FOIL-AO-1934 (1981); FOIL-AO-680 (1978).

Convictions records are available under FOIL. See Geames v. Henry, 173 A.D.2d 825, 572 N.Y.S.2d 635 (2d Dep’t 1991) (granting access to conviction record); Thompson v. Weinstein, 150 A.D.2d 782, 542 N.Y.S.2d 33, (2d Dep’t 1989) (granting access to criminal convictions and pending criminal action against witness as public records and not an invasion of privacy).

To the degree compilations are in existence, they would be public. In most instances, the Public Records Law does not obligate public agencies to create a record that is not already in existence.

Generally open. See N.D.C.C. § 12-60-16.2.

Information, data, and statistics gathered or disseminated through Ohio’s law enforcement gateway are not public records except in certain circumstances. Ohio Rev. Code § 109.57(D);

State ex rel. Multimedia, Inc. v. Snowden, 72 Ohio St. 3d 141, 144, 647 N.E.2d 1374, 1378, 1995-Ohio-248 (““rap sheets” generated in the investigation of police applicants are prohibited from being released by state and federal law”)(citations omitted).

While there is no statutory or case law addressing this issue, an Oklahoma Attorney General opinion states that neither a district attorney nor a police department must make available any record which includes a list of all charges contained in an information. 1999 OK AG 58.

There is no statute or case law specifically addressing this issue. Such compilations do not fit the definition of an “arrest record.”

Criminal histories maintained in the Commonwealth’s central criminal repository are statutorily confidential. See 18 Pa. C.S.A. §§  9101-9183. However, certain criminal history compilations are publicly accessible.

Records maintained by law enforcement agencies for criminal law enforcement and all records relating to the detection and investigation of crime, including those maintained on any individual or compiled in the course of a criminal investigation by any law enforcement agency are subject to the standards enumerated under R.I. Gen. Laws §  38-2-2(4)(D).  However, a rap sheet or similar aggregated record of criminal history pertaining to an individual would likely be deemed non-public as they “could reasonably be expected to constitute an unwarranted invasion of personal privacy.”  United States Department of Justice v. Reporters Committee for the Freedom of the Press, 489 U.S. 749, 772 (1989).

Available in response to a written request for a fee set by law.  S.C. Code Ann. § 23-3-114; S.C. Regs. § R32-23.

Closed, generally. SDCL §23-6-14.

Open, but see T.C.A. §§ 4-51-103, 109, 110

Tex. Att'y Gen. ORD-565 (1990) discusses whether an individual may be entitled to a special right of access to his own federal criminal history when it is in the hands of local government and stated that criminal history information in the hands of a local governmental body obtained from the National Crime Information Center must be released pursuant to section 3B of the Open Records Act if the only interest protected by withholding it is the privacy of the requestor.  Pursuant to Section 552.023, a person or a person's authorized representative has a special right of access, beyond the right of the general public, to information held by a governmental body that relates to the person and that is protected from public disclosure by laws intended to protect that person's privacy interests. Also, all information contained in either an adult or juvenile's sex offender registration form and which is subsequently entered into the department of Public Safety database is public information and must be released upon request, except for the registrant's photograph, Social Security number, driver's license number, street address and telephone number, and any information that, on its face, would directly reveal the identity of the victim. Tex. Att'y Gen. ORD-645 (1996).

a. Criminal history records and warrant arrest information are available to criminal justice agencies and to some noncriminal justice agencies and individuals for specific purposes. Other agencies are entitled to the information either by specific agreement or by authorization of the commissioner. The information “may be used only for the purposes for which it was provided and may not be further disseminated.” Utah Code § 53-10-108(5)(a).

b. Access to presentence investigation reports is restricted by statute. Id. § 77-18-1(5).

Vermont draws a distinction between criminal history reports and criminal conviction reports. A criminal history report provides all arrest and disposition information including pending, acquitted or dismissed charges. Criminal history information is only available to the person of record. A criminal conviction report provides only conviction information submitted by the court. Criminal conviction reports are available to anyone at https://secure.vermont.gov/DPS/criminalrecords/.

Prior to sentencing a court shall order a presentencing investigation report or a parole summary relating to the defendant. Even a redacted report is not subject to disclosure unless the requesting party has “a proper interest in the report of parole summary” and the best interest or welfare of the defendant makes the action desirable or helpful. 28 V.S.A. § 204(d)(1).

No special rule.

The CRPA allows access to records of convictions and records of those currently in the criminal justice system; however, records on charges that have not resulted in conviction or other adverse disposition and for which formal proceedings are over are closed to the public. RCW 10.97.050.

(This section is blank. See the point above.)

The exemption set forth in § 19.36(2), exempting investigative information obtained for law enforcement purposes from public access “whenever federal law or regulations require or as a condition to receipt of aids by this state require” was intended to permit compliance with 42 U.S.C. § 3789g(b) and 28 C.F.R. § 20 et seq. (criminal history information obtained through support of federal government only to be used for “lawful purposes”).

Criminal histories maintained by the Department of Criminal Investigation for the purpose of identifying suspects in crimes are confidential.  Wyo. Stat. 7-19-106 &109.