What Municipalities Need to Know About the NJ Supreme Court’s Decision in States Newsroom Inc. v. City of Jersey City

In States Newsroom Inc. v. City of Jersey City, the New Jersey Supreme Court clarified a key issue for municipalities: whether an internal affairs (IA) report involving a police officer could be disclosed under the common law right of access when the underlying criminal charges had been expunged. The Court held that while expungement protects certain criminal records from disclosure, it does not shield internal affairs reports from public access under common law. However, any information within the IA report that directly relates to the expunged criminal matter must be redacted before release.

The case stemmed from a 2019 incident involving a Jersey City police lieutenant who discharged a shotgun at home during a domestic dispute. He was arrested, charged, later admitted into a pretrial intervention program, and eventually secured an expungement of his criminal record. A subsequent internal affairs investigation led to a 90-day suspension and the creation of an IA report.

Following the New Jersey Supreme Court’s decision in Rivera v. Union County Prosecutor’s Office, which permitted common law access to IA reports under a balancing test, States Newsroom requested the report. Jersey City denied the request, citing the expungement order and confidentiality under OPRA. While the trial court sided with the city, the Appellate Division reversed, and the Supreme Court ultimately agreed: the IA report was not a criminal record and therefore not covered by the expungement statute. Still, any references to the arrest, charges, or criminal disposition must be redacted before disclosure.

Importantly for municipalities, the Court reaffirmed that OPRA does not apply to IA reports. Access is governed solely by the common law, which requires a fact-specific balancing of interests. The Court reiterated the Loigman factors, which protect confidentiality in areas such as agency function, informant privacy, and internal evaluations, and the Rivera factors, which support disclosure when there is substantiated serious misconduct, significant discipline, or repeated offenses, particularly involving higher-ranking officers.

The Court also referenced the 2022 updates to the Internal Affairs Policy and Procedures (IAPP), which require agencies to prepare a Summary and Conclusions Report in certain cases, including when an officer is suspended for more than five days, charged with an indictable crime, or found to have engaged in serious misconduct like bias, dishonesty, or excessive force. These reports are subject to common law access, with redactions for personal identifiers and sensitive information.

This decision underscores that municipalities must not assume expungement shields all related documents from public scrutiny. Internal affairs reports may still be disclosed under the common law, and agencies must be prepared to redact appropriately and justify denials based on a well-documented balancing analysis. Municipal records custodians, police departments, and legal counsel should review their procedures for handling IA materials, especially where criminal proceedings and expungement orders overlap.

States Newsroom does not open the door to wholesale release of IA reports, but it does clarify that such reports are not categorically exempt when an expungement is in place. For municipalities, the ruling reinforces the importance of transparency procedures that comply with both evolving case law and existing privacy protections.

If you or your agency need assistance with responding to OPRA and common law requests, please contact the offices of Florio Perrucci Steinhardt Cappelli & Tipton, LLC.