Question?

[Unknownhelp]

What is the name of your state (only U.S. law)? Pa


If police reports, arrestes and records are not public knowledge. How would a person be able to obtain them?

And, if I knew someone knew a cop and got records that are not public knowledge, what can be done about it?

I am sitting here with a friend and helping him to answer these questions. ( By asking you guys)

He was arrested, actually in NJ, for drugs. Been clean for 2 years and lives here in Pa.

A person he knows, got the actually police bust report of his incident. Every detail.


This is not public knowledge in this state. They should not of had access to this information.



What does he do? Who does he contact?



Thank you

 

[Unknownhelp]

Anyone

Does anyone know? Please help if u have any answers? Please

 

[quincy]

Police reports, records and arrests, unless sealed or expunged, are considered public records and can be accessed upon formal request. Some personal information may be redacted from the reports.

 

[Unknownhelp]

Question

Is there a legal process to go though to get copies of police reports?

I was told, you cannot walk into the police station and ask for someone elses records, unless you are a party to the incident.

In the past, my friends asked for records and was told he could not have them.

Yet, this person was able to get my friends on him.

How is that?

 

[quincy]

I am not sure why your friend was denied access to the records he sought.

Under Pennsylvania's Open Records Law (or Right to Know law), you can submit a written request to the agency that holds the public record and request a review or a copy of it. The request that is made must be specific, describing accurately and sufficiently the record sought (date, time, incident, etc), and you must provide contact information for yourself. In Pennsylvania, an agency has ten days within which to reply to your request (unless an extension is approved). See 65 P.S.§66.1 et seq.

You will be responsible for paying any access fees (copy fees, redaction fees, etc).

New Jersey's Open Public Records Act (OPRA) requires an agency to respond within 7 days to written requests for a review or a copy of any specific existing public document or record produced by that agency. Redacted from records will be social security numbers, unlisted phone numbers, and other information deemed personal and confidential. New Jersey does not allow for, among other things, anonymous requests or requests from convicted criminals seeking information on their victims.

There are exceptions to the open records laws in both states, and these can include an allowed denial of access to records that are part of any ongoing police investigation, or an allowed denial of access to records that violate an individual's right to privacy or that could injure an individual's reputation (generally this applies to victim information and not perpetrator information), or an allowed denial of access to certain juvenile records.

If a request for access is denied, you have the right to appeal the decision.

There are sample request letters available online.

 

[Unknownhelp]

That is just it

This person knows someone at the police station. We believe that is where they got the drug report and arrest information.

You state, that, "records that violate an individual's right to privacy or that could injure an individual's reputation" can be denined.

This was a drug bust. The details of that arrest are very personal. My friend is now clean and has been. The reports are being used to damage his reputation.

It is not just the date, of arrest, times, things like that. The report is the whole incident that the police wrote up as to where, when, what, etc.

When I requested the same report, I was told, that I could not have it. That it was not public knowledge and since I was not a party, I had nothing to do with it and could not get it.

I did this after they denine him of the reports that he was seeking.

So, we were both told that we could not have someone else's records without an attorney requesting them.

So, if that was the case, how did this other person get my friends reports? He was not a party to the drug bust.

Also, I understand "public knowledge" But is public knowledge every detail?
Or, is it supposed to be basic information?


Thank you

 

[quincy]

If your friend was arrested on a drug bust, he injured his OWN reputation. This type of reputational injury would not prevent an arrest record from being accessed. In fact, the media could have picked up the arrest of your friend and written about him in the newspaper or broadcast his arrest on tv. All perfectly legal.

When denials of access to public records are based on privacy grounds or reputational injury grounds, this is generally because the individuals involved are minors, or the records involve the victims of a crime. For legitimate arrests and/or convictions involving adults (or minors over a certain age - which can be minors over 12 or 15, depending on the state), the records are considered public records (with very few exceptions).

The arrest record can have most identifying information intact, although social security numbers or unlisted phone numbers will be redacted, as may be any witness names or addresses, or the names, addresses and phone numbers of any minors involved. The arrest record can include officer notes on the arrest and statements made by witnesses or by those who were arrested.

If you or your friend tried to access records without success, it could be because you did not file a proper written request. It could also be because you went to a police station other than the arresting agency to obtain a copy of the report. You need to request the records from the agency that holds the records, which would mean you would file your request for the records with the arresting agency in New Jersey. You cannot file your request with a police agency in Pennsylvania.

You must be specific in your request about what you want - dates, times, names. You need to help the agency narrow their search for the right document. They are not going to go through all of their arrest records to locate the one you want, nor are they required or expected to.

You must also provide the agency with your telephone number, address, or email address so that the agency can contact you. They are allowed time to do their search. You cannot go into the agency that holds the records and expect to have any records handed over right then - especially records that are two years old.

You do not need an attorney to access public records, nor do you need to tell any agency why you want access to the records.

If you feel you were unreasonably denied access to the public record of the drug arrest in New Jersey, and if you followed the proper steps outlined by the New Jersey arresting agency to obtain the records, you can file an appeal. When a request for public records is denied, the agency provides you with a denial letter, which also includes the process for appealing the denial.

The drug arrest of your friend will probably show up on any background check of him, by the way, unless the records were sealed or expunged (which, if this other friend obtained them, is apparently not the case). When your friend applies for jobs, most application forms will require he note this arrest and/or conviction.

 

[Unknownhelp]

Ok

Ok, got ya**************thank you for taking the time to explain.

We believe that the records were denied us because of the policeman who knew this other person. Thus, allowed him to get the records he wanted but did not want us to have his.

And that just may or may not have been the case.

However, I will now go back, go through procedure and again ask for records.


Thank you for your time.

 

[quincy]

You're welcome, Unknownhelp.

And for additional information, you can go to Open Public Records Act.