In 2019, Katey Rusch and Casey Smith, graduate students in UC Berkeley’s Investigative Reporting Program, began comparing notes on their summer research. Smith, based in Indiana, was looking into legal settlements between police officers and citizens, while Rusch, in California, focused on officers with criminal convictions. That’s when Rusch stumbled upon a troubling pattern: several officers claimed clean records, but their former chief contradicted them.
Determined to uncover the truth, they began digging into public records, uncovering a disturbing practice: clean-record agreements. These deals allowed officers accused of misconduct to leave their positions with their records erased, enabling them to find new jobs, often in law enforcement, without anyone knowing about their past. The two reporters were shocked to find such agreements not only existed but were more widespread than they had imagined.
Their investigation spanned years and involved filing thousands of public records requests. With help from UC Irvine’s Press Freedom Project, Rusch and Smith fought for crucial records. What they found was eye-opening: 163 police and sheriff’s departments across California had signed clean-record agreements with at least 297 officers, many of whom had been accused of serious misconduct. These officers were allowed to resign under the pretense of clean records, often leaving departments with little accountability.
Their exhaustive reporting culminated in a two-part series, Right to Remain Secret, published in the San Francisco Chronicle in late 2024. The series revealed a system where officers involved in crimes such as sexual assault and falsifying reports were allowed to retire or resign with no public record of their misdeeds, while taxpayers unknowingly funded their pension plans.
Key findings included:
At least 163 law enforcement agencies signed clean-record agreements with 297 officers from 2012 to 2022, with the actual number likely higher due to agencies refusing to release the records.
Several officers involved in egregious misconduct, including groping and falsifying reports, had their records altered to suggest they resigned voluntarily.
Dozens of officers collected lifetime disability pensions while hiding serious misconduct.
The investigation sparked public outcry, leading to calls for legislative reform. California lawmakers have already introduced bills to ban such agreements, and the California Public Employees’ Retirement System has launched investigations into the pension funds of 49 officers identified in the report.
Tips for Aspiring Investigative Journalists:
- Explore Different Record Types: Rusch and Smith found crucial details by digging into workers’ compensation claims and pension records, documents often overlooked in police investigations.
- Follow Up on Records Requests: To break through resistance, make personal contact with public records officers, especially at smaller agencies unfamiliar with these types of requests.
- Report Against Yourself: Investigative work should actively seek out evidence that contradicts your findings, strengthening the credibility of your investigation.
- Use Existing Work as a Springboard: Rusch and Smith’s series has inspired further investigations into clean-record agreements, and a new database of police records will provide journalists with valuable tools for further exploration.
Their work continues to shape the discourse on police accountability, offering a vital lesson in persistence, thoroughness, and courage in the face of systemic challenges.
