In light of a state Supreme Court ruling in neighboring Alabama, it is important Georgia jurists and lawmakers protect the public’s right to know. 

Police records are public records.

All arrest reports are public records.

All initial incident reports are public records, even if they lead to an ongoing investigation.

Police departments and sheriff’s offices cannot withhold those reports or heavily redact them, and in Georgia, it is illegal to do so.

It does not matter how sensitive those arrest and initial incident reports are – they are still public record and must be released promptly. That’s what the law says.

It does not matter if there is an ongoing investigation.

Even if an open investigation is underway, everything contained in the initial incident report or the arrest report must be released.

While an investigative file itself may be withheld from disclosure while the investigation is underway, that exception to the Georgia Open Records Act does not include the initial arrest or incident reports.

The requirement to release these documents in a timely manner includes the narratives about the incident or arrest or the page of information that law-enforcement agencies like to call the “supplement.”

The supplement is an open and public record and must be released.

The nature of the crime itself does not matter when it comes to the release of these reports, including arrests or incidents involving rape, murder, burglary, theft or any other crime.

There are certain, specific things which may be redacted, but those exemptions to the Open Records Act must be very narrowly interpreted. It is reasonable and legal to redact such things as Social Security numbers, the names of informants or the names of rape victims, but heavily redacted arrest or incident reports are most likely very illegal.

It doesn’t really matter what a department’s longstanding policy and practice has been, public records must be made public.

Any agency withholding reports it considers sensitive, not including narratives or supplements with released documents or heavily redacting those documents, must stop those practices and fully comply with the state laws that regulate the disclosure of law enforcement documents.

If there are questions, we are happy to provide the full text of the law, but it is also readily available from the Georgia Office of the Attorney General or at the Georgia First Amendment Foundation website: gfaf.org.

It is all about the public’s right to know.

Law enforcement agencies must release all — not most — arrest and initial incident reports, including the narratives and supplements.

Those records should always be released as soon as they are available, regardless of how sensitive or controversial.