Your Legal Power to See What They Want to Hide

OPRA (Open Public Records Act) and FOIA (Freedom of Information Act) are laws that guarantee your right to access government records.

• FOIA = Federal law → Requests for federal agencies like the FBI, Department of Justice, Homeland Security, etc.
   
• OPRA = New Jersey state law → Requests for state, county, and local agencies, like police departments, townships, municipal courts, school boards, and local governments.
   

Both laws exist because a free society demands transparency.

If the government is using your tax dollars and enforcing laws against you, you have the absolute right to know what they are doing, unless a very narrow legal exemption applies.

Expose misconduct.

Bodycam footage, internal affairs complaints, emails, dispatch logs, you can request all of it.

Investigate your own encounters.

If you were stopped, filmed, detained, or arrested, you can request all records related to your case.

Challenge unlawful actions.

Evidence from public records can help you win lawsuits, file complaints, or prove rights violations.

Hold public servants accountable.

Bad behavior thrives in darkness. Public records requests shine the light.

Under OPRA and FOIA, you can request:

• Police bodycam and dashcam footage (unless specific exemptions apply)
   
• 911 calls and dispatch recordings
   
• CAD (Computer Aided Dispatch) records and call notes
   
• Internal Affairs reports and findings
   
• Use of Force reports
   
• Personnel records (limited access, disciplinary records if sustained)
   
• Incident and arrest reports
   
• Policies and procedures
   
• Emails between government officials
   
• Radio logs
   
• Training materials
   

If the government creates, holds, or uses it, you likely have a right to it.

Step 1: Identify the correct federal agency.
(e.g., FBI, DHS, ATF)

Step 2: Write a clear request:

• Identify what you are requesting (be specific: dates, locations, names if possible).
   
• State that you are requesting the information under the Freedom of Information Act.
   

Step 3: Submit through the agency’s online portal, email, or by mail.

Step 4: Wait, they have 20 business days to respond, although extensions are common.

Example FOIA portal: FOIA.gov

Step 1: Find the custodian of records for the local agency.

(Township Clerk, Police Department Records Officer, etc.)

Step 2: Submit a written request:

• Use their official OPRA request form if available.
   
• Or simply send a clear letter/email titled "OPRA Request".
   

Step 3: Be specific:

• "All bodycam footage involving Officer [Name] on [Date] between [Times]."
   
• "All CAD notes regarding incident at [Location] on [Date]."
   
• "All internal affairs complaints filed against Officer [Name] in 2022."
   

Step 4: Submit by email, mail, or through their OPRA portal (if they have one).

Step 5: By New Jersey law, they must respond within 7 business days.

Example NJ OPRA site: State of NJ OPRA Info

Trick

"Ongoing Investigation" excuse

Reality

Must prove actual ongoing investigation; vague claims are not enough. "Criminal Investigatory Records" exemption.

Must meet strict legal definitions, cannot just blanket-deny access.

Delaying or ignoring requests

Violates OPRA/FOIA timelines and can be challenged legally.

Excessive redactions

Redactions must be narrowly tailored, not blanket blackouts.

Wrongful fees: 

Fees must be reasonable and disclosed upfront; excessive copying charges are illegal.

Agencies often bet that you don't know the law well enough to push back.
Prove them wrong.

File an appeal or grievance.

Under FOIA, you can appeal directly to the agency.

Under OPRA, you can file with:

• The New Jersey Government Records Council (GRC)
   
• Or take it to the Superior Court.
   

Demand written explanations for denials.

They must cite the specific legal exemption they are using — vague refusals are illegal.

Publicize the denial.

Expose agencies that hide the truth, transparency shaming works.

File lawsuits if necessary.

In New Jersey, OPRA violations often entitle you to attorney’s fees if you win, meaning the agency pays your lawyer.

• Be specific, but wide enough to cover what you need.
   
• Ask for electronic copies to avoid copying fees.
   
• Use polite but strong language:

➔ "This request is made pursuant to [FOIA/OPRA] and all applicable transparency laws."
 

• Track your deadlines, when responses are due.
   
• Appeal or escalate when denied improperly.
   

"Public records are not government property, they are the people's property."
 

The government works for you, not the other way around.

OPRA and FOIA are not favors granted to you.

They are your legal rights, bought and paid for by blood, history, and the Constitution itself.

If you don’t demand accountability, no one else will.