In North Carolina, a judge must decide if law enforcement recordings, including those made with body-worn cameras or dashboard cameras, will be released. A 2016 law signed by then-Gov. Pat McCrory determined those recordings are not public records.
For video to be released to the public, a judge must review the video and then determine if the law enforcement agency has to release it or not.
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In some cases, police and sheriff's departments themselves will petition a judge to release the video, if they feel it's in their best interest.
Sometimes it takes days, weeks or even months for video to be released to the public. What can appear to be a lack of transparency is just part of the process. In recent years, various bills have been filed in the General Assembly to require the release of the video within 48 hours, but so far, that legislation hasn't progressed.
Prior to the passage of the law, agencies were inconsistent in whether they would release body-camera and dash-cam footage.
Nearly every state has exemptions for public records, some of which include body camera footage. South Carolina's law is the same as North Carolina's – body-camera footage is not public record and must be requested.
Virginia's Freedom of Information Act says the opposite. It requires that officials release public information, including body-worn camera video.
Other nearby states have laws that are a bit more complex. Tennessee will release footage as long as there aren't any children in a school depicted in it or it isn't inside someone's home that isn't part of a crime scene. In Georgia, the video isn't available if there are privacy concerns or the footage isn't part of a pending criminal investigation.