New Ohio Public Records Law Could Cripple Access to Law Enforcement Records

The Cuyahoga County Justice Center in an undated photo. Credit: Tim Evanson

This article was first published by The Marshall Project, a nonprofit news organization covering the U.S. criminal justice system. Sign up for their newsletters, and follow them on Instagram, TikTok, Reddit and Facebook.

Advocates and journalists across Ohio are sounding the alarm on proposed changes to the state’s public records law that would make it harder to access police and court documents.

Opponents say the proposed legislation is vague and could lead to law enforcement records as simple as a police incident report being withheld from the public indefinitely.

The proposed changes, contained in the state’s 4,000-page budget bill, call for prosecution trial preparation records to be withheld until all direct appeals are exhausted, a process that could take years. Currently, the records are available once a case is concluded by trial or a plea.

However, the proposal as written would also exclude the release of records created by law enforcement “in connection with a probable or pending criminal proceeding.” Opponents say the language could be interpreted to include basic police reports, in addition to work products and notes held by prosecutors.

If passed, the bill would directly impact the work we do at The Marshall Project – Cleveland, where our stories rely on public records, including police reports and court documents, to hold the criminal justice system accountable.

The Ohio Innocence Project has been vocal in opposing the changes. Director Mark Godsey questioned whether the agency’s 42 exonerations in Ohio could have happened without access to public records.

The proposal and budget bill passed in the Ohio House last month and is now being considered by the state Senate, where the measures could be accepted, changed or rejected. A vote is expected in June. Gov. Mike DeWine will then have until June 30 to sign the bill or use his line-item veto.

Subscribe to Cleveland Scene newsletters.

This article appears in Cleveland SCENE 06/05/25 Best of Cleveland.