September 19, 2012

Mr. Keith R. Bradford

Assistant County Attorney

Nacogdoches County Attorney's Office

101 West Main Street, Room 230

Nacogdoches, Texas 75961

OR2012-14908

Dear Mr. Bradford:

You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 465791.

The Nacogdoches County Attorney's Office (the "county attorney's office") received a request for copies of the original requests for public information that formed the basis of a specified investigation. You claim the submitted information is excepted from disclosure under section 552.108 of the Government Code. We have considered the exception you claim and reviewed the submitted information.

Section 552.108(a)(2) of the Government Code excepts from disclosure information concerning an investigation that did not result in conviction or deferred adjudication. See Gov't Code § 552.108(a)(2). A governmental body claiming section 552.108(a)(2) must demonstrate the requested information relates to a criminal investigation that has concluded in a final result other than a conviction or deferred adjudication. See id. § 552.301(e)(1)(A) (governmental body must provide comments explaining why exceptions raised should apply to information requested). You state the submitted information is part of an investigation in which, at the request of the county attorney's office, an independent special prosecutor was appointed to investigate alleged open records violations. You inform us after the investigation, the special prosecutor declined to prosecute, and no charges were filed. Thus, you state the submitted information relates to a closed case that did not result in conviction or deferred adjudication. Based on these representations and our review, we agree the county attorney's office may withhold the submitted information under section 552.108(a)(2) of the Government Code.

This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at http://www.oag.state.tx.us/open/index_orl.php, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act must be directed to the Cost Rules Administrator of the Office of the Attorney General, toll free at (888) 672-6787.

Sincerely,

Claire V. Morris Sloan

Assistant Attorney General

Open Records Division

CVMS/som

Ref: ID# 465791

Enc. Submitted documents

c: Requestor

(w/o enclosures)

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