The Freedom of Information Act is a crucial piece of legislation that allows any U.S. citizen to request access to U.S. government records or records from the Executive Branch. Of course, some records are protected from disclosure, like issues of national security or other reasons specifically outlined in the law.

In a recent legal battle in the Kings County Supreme Court, a decision was made regarding the disclosure of records that were related to a criminal case.

According to the details of the case, Justin Sarkodie sought out a Freedom of Information Act request for the disclosure of records related to his own criminal case. Initially, lower courts denied the request under the belief that the ongoing criminal records, which were still being compiled for law enforcement purposes, were exempt from disclosure under Public Officers Law § 87 (2)(3)(i). Lower courts believed that since the disclosure could potentially interfere with ongoing judicial proceedings, the denial was justified.

In response, Sarkodie appealed the decision. When the Appellate Division heard the details of the case, they were tasked with determining if the Freedom of Information Act request would interfere with the judicial proceeding and specifically with Sarkodie’s pending federal habeas corpus proceeding. They determined that the request wouldn’t interfere and should be granted.

The court reaffirmed that the exemptions under the Freedom of Information Act are very narrow, whereas the duty to make government records readily available to the public is broad.

Do You Want Specific Government Records Made Public?

Do you want to make a Freedom of Information Act request? Anyone can make a request to any federal agency regarding information that you want and that isn’t already publicly available. The request must be made in writing, but most agencies will accept your request in web form, via fax, or by e-mail.

You’ll need to draft a very specific letter that outlines your requests. If you’d like to do more research on your own, then you can visit this website for more details: www.uscis.gov/foia.

Your request will take some time to process, especially if it’s a complex request or the agency already has a backlog of requests ahead of yours.

In most cases, it’s best to consider hiring an attorney to help you craft your FOIA letter and get your request going, especially if the records are sensitive or related to an ongoing case. If your request is time-sensitive, then you certainly need a lawyer by your side. Sometimes, federal agencies will attempt to delay a disclosure, but the more likely case for delays is that the agency has to go through a ton of records to find what the files you’re requesting. Your request might also get denied initially, so if that happens, you’ll want an attorney to help you appeal the decision and fight for you.

Are you ready to talk to your lawyer about your situation? Schedule a call with our firm now to get in touch with one of our best lawyers.