The New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq. (OPRA), requires every custodian of government records to adopt a form that can be used to request access to the records in its custody, but custodians cannot require the use of such forms by people requesting access to government records. See Renna v. Cty. of Union, 407 N.J. Super. 230 (App. Div. 2009). This presents difficulties when requestors fail to certify regarding their convictions of indictable offenses, since N.J.S.A. 47:1A-2.2(a) provides that “where it shall appear that a person who is convicted of any indictable offense […] is seeking government records containing personal information pertaining to the person’s victim or the victim’s family […] the right of access” shall be denied. Currently, record custodians bear the full burden of investigation when requestors choose not to provide relevant background information. Online services that automatically publish government records to the world have complicated this issue further by potentially reframing the analysis of victims’ privacy interests, so custodians must consult their agency’s attorneys as soon as possible after receiving any of the kinds of requests described herein.

The Renna court held that requestors of government records need not use official forms if their requests are clear, in writing, and provide the information required by N.J.S.A. 47:1A-5(f), which is the OPRA provision mandating the adoption of official request forms. However, Section 5(f) does not require requestors to certify or provide information regarding their criminal backgrounds, and the Government Records Council (GRC), which is the agency charged with adjudicating OPRA controversies and publishing guidance on OPRA, has determined that custodians cannot require requestors to certify or provide information regarding their criminal backgrounds in connection with their requests. See James v. NJ Dep’t of Law and Public Safety, Div. of Consumer Affairs, GRC Complaint No. 2011-36 (August 2012).

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