New Jersey Open Public Records Act

Response Timeline

7 business days for standard requests. Immediate access (within 24 hours) required for certain records not exceeding 24 months old per N.J.S.A. 47:1A-5(e). 14 business days for commercial purpose requests, but custodian must notify requestor of additional time within 7 business days.

No residency requirement for OPRA requests

How to Submit a Request

Accepted Methods

• In person — Accepted
• Mail — Accepted
• Email — Accepted
• Fax — Accepted
• Online portal — Many agencies provide online OPRA portals

No specific form required, but agencies may provide standard forms for convenience.

Required Elements

• Requestor name — Full name required
• Requestor address — Required for response delivery
• Record description — Reasonably specific description of records sought

Optional Elements

• Purpose — Not required to state purpose unless commercial use

Fees

NJ has one of the most complex and litigated fee structures in the country. The 'special service charge' provision has been subject to extensive Government Records Council and court review. Agencies may NOT charge for legal review time. The 7-hour threshold for special service charges was added by 2024 reforms.

Fee Waivers

• Crime victims receive free copies of records to which they have access rights

Limited fee waiver provisions compared to other states. No broad public interest or news media waivers in statute.

Exemptions

• Investigatory
  Criminal investigatory records
• Attorney Client
  Attorney-client privileged materials
• Trade Secret
  Trade secrets and proprietary commercial/financial information
• Personal Info
  Personal identifying information (SSN, driver's license, credit card numbers)
• Security
  Security procedures and emergency information for buildings/facilities
• Personnel
  Personnel records containing personal privacy information
• Legislative Communications
  Information from legislative constituent communications
• Medical Examiner
  Medical examiner photographs of deceased persons (limited exceptions)
• Internal Affairs
  Internal affairs records (law enforcement)
• Deliberative
  Inter-agency or intra-agency advisory, consultative, or deliberative material

NJ courts apply a balancing test for some exemptions. Records must be disclosed unless specifically exempt by statute or case law.

Appeal Process

The Government Records Council is a unique quasi-judicial body that provides free mediation and binding decisions. Most OPRA disputes go through GRC rather than court. GRC decisions are binding unless appealed to Appellate Division.

Request Templates

Records Retention

N.J.S.A. 47:3-15 et seq. (P.L. 1953, c. 410)

View retention law →

Retention schedule catalog →

Public agencies must receive prior written authorization from the State Records Committee before disposing of records. DARM prepares retention schedules in conjunction with agency representatives. The State Records Committee (Attorney General, State Treasurer, State Auditor, etc.) gives final approval.

Sources & References

• Full text of law →
• Primary source →
• RCFP Open Government Guide — New Jersey →
• NFOIC State FOI Resources →