October 11, 2021

Opinion Number: 2021-083 Requestor:  Bennett, Jamar R. Officer

Is the decision of the custodian of records to release expunged/sealed records in response to a Freedom of Information Act (FOIA) request consistent with provisions of the FOIA? RESPONSE: Having reviewed the records, it is my opinion that the custodian's decision to release (as redacted) the records qualifying as personnel records may not be entirely consistent with the FOIA. Additional redactions may need to be made regarding information relating to charges that were not prosecuted and subsequently sealed or expunged, given the requester's heightened privacy interest in that information.