Uncharged Suspects, Drafts, and a Bozo No No

Ohio Public Records Briefing -- Issue #16

Hello and welcome to issue Sweet Sixteen. Soon enough, our little publication will get its driver’s license. And then [sniff, sniff] it’ll head off to college and never come back to visit, except for laundry and Wi-Fi.

Fun Fact

You probably know that the confidential law enforcement investigatory records exception -- found at R.C. 149.43 (A)(1)(h) and known as CLEIR -- allows a public office to redact the name of an uncharged suspect from most narratives or detailed reports made after an investigation has begun. This uncharged suspect exception remains even after the case is closed.

But what about a case where the police, the newspaper, and maybe even your local Moms’ Facebook Group has already correctly identified the uncharged suspect and plastered his or her name all over town. Can you still withhold and redact that uncharged suspect’s name?

You bet your life you can! Ohio law permits you to withhold the name of an uncharged suspect even if widespread media reports or others have correctly identified the suspect. Here’s the case that said so!

However, you should also know there’s nothing in Ohio law that requires you to withhold the name of an uncharged suspect if you don’t want to. It’s what we call a “Yellow Light” exception in our training. If it helps your investigation, you’re able to identify the name of an uncharged suspect. Just be aware of Ohio defamation laws (consult your attorney about that, it’s beyond the scope of our topic here).