Q: I want to review a private criminal complaint, but the magisterial district judge (MDJ) is telling me I can’t have a copy until the district attorney approves it. When do private criminal complaints become public records?

A: The timing of public access depends on which agency holds the record, but private criminal complaints are public records both in the courts and in the district attorney’s office.

Under the constitutional presumption of access, judicial records, like private criminal complaints filed with a magisterial district court, are public once they are filed. Rule 506 of the Pennsylvania Rules of Criminal Procedure requires that a private criminal complaint first be submitted to the district attorney for approval before it may be filed with a magisterial district judge. In practice, MDJ staff often accept completed complaint forms and forward them to the district attorney for review.

The district attorney may approve or disapprove the complaint. If the complaint is approved, it is filed with the MDJ and becomes a public judicial record of the court. If the district attorney disapproves the complaint, it cannot be filed with the MDJ under Rule 506 and therefore does not become a judicial record of the court. Rule 506 also allows the complainant to appeal a disapproval to the Court of Common Pleas. If such an appeal is filed, the complaint must be submitted to the court as part of the appeal and becomes a public judicial record at that time.

Private criminal complaints in the possession of the district attorney are also public records under the Pennsylvania Right-to-Know Law (RTKL). Section 708(b)(16)(i) specifically requires public access to private criminal complaints, and the statute does not distinguish between approved and disapproved complaints. When a request is made under the RTKL, the district attorney must respond in writing as promptly as possible, but no later than five business days after receiving the request.

Requesters are not required to submit a formal RTKL request to obtain public records, and RTKL requests should not be used to request records filed with a court. Agencies may provide records informally at their discretion. The Pennsylvania NewsMedia Association recommends requesting access informally first and submitting a formal RTKL request if necessary, as informal requests can often avoid administrative hurdles and result in quicker access. Similarly, accessing court records does not require a formal, written request although complex or voluminous requests may result in a more formal process. Court offices typically provide access to court records informally.

You can read section 708(b)(16) of the RTKL here.

You can see a copy of the private criminal complaint form here. 

As always, this information is not intended to be, and should not be construed as, legal advice. Please contact your news organization’s private attorney or call the PNA Legal Hotline at (717) 703-3080 with questions.