How the Open Public Records Act Works in New Jersey

The Open Public Records Act, N.J.S.A. 47:1A-1 et seq., gives any person the right to inspect and copy government records held by New Jersey public agencies. You do not have to be a New Jersey resident, and you never have to explain why you want a record.

The 7-business-day rule

A records custodian generally must grant or deny access as soon as possible and no later than seven business days after receiving a properly submitted request. Different timing can apply when another law provides a shorter period, records are archived or not currently available, or the requestor agrees to an extension. Unless a different period applies by law or agreement, failure to respond within seven business days is deemed a denial under N.J.S.A. 47:1A-5(i).

If your request is denied

You can challenge a denial in Superior Court or before the Government Records Council. A prevailing requestor may be entitled to a reasonable attorney's fee. A court or the GRC may award fees generally and must award them if the agency unreasonably denied access, acted in bad faith, or knowingly and willfully violated OPRA.

Frequently asked questions

How long does a NJ agency have to answer an OPRA request?

Generally seven business days, subject to statutory exceptions, special timing rules, and any extension agreed to by the requestor. Unless a different period applies by law or agreement, failure to respond within the applicable seven-business-day period is deemed a denial.

Do I have to say why I want the record?

No. OPRA does not require a requestor to state a reason or identify themselves beyond providing contact information for delivery of the records.