How to find someones criminal record in california
The first thing that someone who wants to apply for an expungement needs to understand is that if your petition is granted under Penal Code A criminal record is not actually "expunged" under this statute. That term implies complete erasure, as if the case had never occurred. A more proper term is "dismissal".
SEE VIDEO BY TOPIC: Official California Public Records SearchContent:
Note : This page covers information specific to California. For general information concerning access to government records see the Access to Government Records section of this guide.
Gov't Code , which states that any individual, corporation, partnership, limited liability company, firm or association, both in and out of California, can inspect California public records. You are not required to explain why you are making a request. However, if you request the disclosure of the address of any individual who has been arrested, or the current address of the victim of a crime, you must state whether the request is made for a journalistic, scholarly, political or governmental purpose, and declare that the information will not be used to sell a product or service.
You can inspect the public records of California state offices, officers, departments, divisions, bureaus, boards and commissions, and other state bodies and agencies. You can also inspect the public records of local agencies, including counties, cities, schools districts, municipal corporations, districts, political subdivisions, local public agencies, and nonprofit entities that are legislative bodies of a local agency.
However, you will not be able to access the records from the California state legislature or its committees, nor to the state courts under the CPRA. You can inspect all "public records" of the government bodies subject to the CPRA.
The term "public records" is broadly defined to include information relating to the conduct of the public's business that is prepared, owned, used, or retained by any state or local agency regardless of what medium it is stored in. See Cal. Note that public records do not extend to personal information of public officers which are unrelated to the conduct of public business for example, a phone message taken by a public officer from a colleague's wife about picking up the children , or computer software developed by the government.
An agency may refuse to provide a record if, in a particular case, "the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record. In addition to this general exemption, an agency is entitled but not required to refuse disclosure if one or more of the following narrowly construed statutory exemptions applies. The Act sets out a long list of specific exemptions Cal.
You do not need to make a written request to receive the public documents you want to inspect. If you have a routine request, start by making an informal request for the records over the telephone before invoking the law.
If the agency information officer you speak with cannot grant your request over the telephone, he should be able to provide you with the necessary steps for making a formal request. Although you are not required to do so, setting your request out in a letter may help you to get the public records you want.
The letter should be addressed to the public records officer of the agency, and should include the following information, as appropriate:.
You can request either to view the records or to have copies made. Viewing records at the agency's office will probably be quicker, and might give you the opportunity to narrow down the list of documents you want copies of, and also reduces your copying expenses. Agencies are required to provide prompt access to records. Once you make your request to inspect records, you should get immediate access to those records during the hours set by the agency for inspection of records.
If you request copies, the agency must decide within ten days whether copies will be provided, except in unusual circumstances, where it may grant itself an extension of fourteen days. A government agency can only charge you the "direct cost" of duplicating records unless it is authorized by statute to charge a reasonable flat fee. In the case of documents, "direct cost" means the cost of photocopying approximately 10 to 25 cents per page.
In the case electronic data, "direct cost" can mean the cost of producing a copy of the record in electronic format the cost of the disk, as well as the cost of constructing the record, programming and computer services if this is required. A statutory fee may be higher than the direct cost of duplicating a record, but cannot exceed what is reasonably necessary to provide the copy.
In either case, staff time spent searching for and reviewing records cannot be recovered. Although there is no fee waiver in the CPRA, agencies have the discretion to waive or reduce fees. You have several options open to you should your request be denied. First, try to work with the information officer you are dealing with.
If the agency is relying on an exemption, ask the information officer if he will waive the exemption because exemptions are permissive, not mandatory. If that fails, you can also ask the information officer to release the nonexempt portions of the record with the exempt portions removed or redacted. If you feel frustrated by your conversations with the information officer, you ask to speak to someone more senior within the agency and explain your case.
Look to see whether the agency has any process in place to appeal the denial. Some agencies have created a formal process for administrative appeal and some municipal agencies have adopted sunshine ordinances providing for administrative review of denials. If this option is available, pursue it before starting any court action. If administrative appeals are not available, or if your request is denied after administrative review, you are entitled to seek court review of the denial Cal.
Additionally, refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit against the agency. Subscribe to our content! Follow us on Twitter. We are looking for contributing authors with expertise in media law, intellectual property, First Amendment, and other related fields to join us as guest bloggers.
If you are interested, please contact us for more details. Skip to main content. Welcome to the website of the Digital Media Law Project. Due to popular demand the Berkman Klein Center is keeping the website online, but please note that the website and its contents are no longer being updated. Please check any information you find here for accuracy and completeness. What Records Are Covered in California What Government Bodies Are Covered You can inspect the public records of California state offices, officers, departments, divisions, bureaus, boards and commissions, and other state bodies and agencies.
Exemptions An agency may refuse to provide a record if, in a particular case, "the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record. Pre-decisional, deliberative communications which are not retained by the public agency in the ordinary course of business need not be disclosed if the public interest in withholding those records clearly outweighs the public interest in disclosure see California First Amendment Coalition's FAQs on this exemption.
Pending litigation. This exemption applies to documents pertaining to pending litigation to which the public agency is a party, including attorney work product and documents produced by the agency in anticipation of litigation, but not including deposition transcripts see California First Amendment Coalition's FAQs on this exemption.
Private personal information. Files pertaining to the personnel, medical, wage, financial, job applications or similar matters are exempted from disclosure if disclosure would constitute an unwarranted invasion of personal privacy see California First Amendment Coalition's FAQs on this exemption. Securities and banking regulators. Geological and geophysical data.
This exemption applies to plant production data and similar information relating to utility systems development, or market or crop reports, which are obtained in confidence. Law enforcement. Records of complaints, investigations, intelligence records, security procedures and other documents of law enforcement agencies are exempted from disclosure see California First Amendment Coalition's FAQs on this exemption. Examination data. Test questions, scoring keys and other examination data used to administer a licensing and other examinations are exempt from disclosure.
Real estate appraisals and engineering estimates. Where real estate appraisals or engineering or feasibility estimates and evaluations are made relative to the acquisition of property, or to prospective public supply and construction contracts, disclosure can be refused until all of the property has been acquired or the contract executed.
Taxpayer information. Information submitted by a taxpayer in confidence, and financial data submitted in applications for financing under the Health and Safety Code, is exempt if the disclosure of information to other persons would result in unfair competitive disadvantage to the person supplying the information.
Library circulation records. Records kept for the purpose of identifying the borrower of items available in libraries are exempt from disclosure. Privileged or confidential information. Employee relations. State agencies are exempted from disclosing records concerning employee relations strategy.
Homeland security. An internal agency document assessing agency vulnerability to terrorist attack is exempt. How to Request Records in California Making the request You do not need to make a written request to receive the public documents you want to inspect. The letter should be addressed to the public records officer of the agency, and should include the following information, as appropriate: Your name, address, email address and telephone number you have the right to make an anonymous request, but providing these details might make it easier to communicate about your request with the information officer A clear description of the record s that you are seeking, or, if you are uncertain of how to describe the records you wish to obtain, a description of your purpose in seeking records and a request that the agency assist you to identify relevant records; Date limits for any search If you anticipate that the record may be hard to find, any search clues you can think of A statement that if portions of the records are exempted, the non-exempt portions of relevant records still be provided Limitations on pre-authorized costs or a request for a cost waiver, together with your reasons for requesting a waiver.
Fulfilling the Request Agencies are required to provide prompt access to records. Payment A government agency can only charge you the "direct cost" of duplicating records unless it is authorized by statute to charge a reasonable flat fee. What Are Your Remedies in California You have several options open to you should your request be denied. Request new password. Will E. Court's Privacy Ruling Break the Internet? Hear Ye, Hear Ye! Service and Research at the Frontier of Media Law. Disclaimer Information in this guide is based on general principles of law and is intended for information purposes only; we make no claim as to the comprehensiveness or accuracy of the information.
It is not offered for the purpose of providing individualized legal advice. Recording Phone Calls and Conversations. California Recording Law. State Law: Recording. Using the Name or Likeness of Another. New York Recording Law. Texas Recording Law. Articles of Incorporation for Nonprofits. Copyright Digital Media Law Project and respective authors.
Information on scams and price gouging, how to protect yourself, and how to report complaints. Californians have the right under the state Public Records Act and the California Constitution to access public information maintained by local and state government agencies, including the Department of Justice. The following are guidelines for accessing public, pdf records maintained by the California Department of Justice.
Contact Us. Translate this page:. Print E-mail. This page tells you about: Can I see or get a copy of any record from a criminal case?
Information about Criminal Records
Center on Court Access to Justice for All. ICM course incorporates technology. In this course, participants will learn the fundamentals of Project Management for Courts with an emphasis on court technology projects as well as learn how technology can be used in all of the National Association for Court Managements core competencies. This course takes place in Chesapeake, VA from August , Mark your calendar ICM course incorporates technology. Do not assume that a person listed in this database is the person you are looking for without at least confirming that the date of birth is the same. The court system cautions employers, credit agencies, and others to verify identity before taking any adverse action against a person whose name appears in this database. Additional identifying information may be available in the case file. To request a copy of documents from the case file, contact the court in which the matter was filed. Criminal Cases: Do not assume that a defendant was convicted just because a criminal case was filed.
Any time the police fingerprint you because of a criminal investigation, that information is added to your summary criminal history. For an arrest, the history should list, among other things, the date, the charges, and the final disposition what happened. If the district attorney refused to prosecute the charge, the summary criminal history should show that. The history also lists all your criminal convictions, including the date of the conviction, the charges, the sentence, and whether the crime was a felony or a misdemeanor.
Note : This page covers information specific to California. For general information concerning access to government records see the Access to Government Records section of this guide. Gov't Code , which states that any individual, corporation, partnership, limited liability company, firm or association, both in and out of California, can inspect California public records. You are not required to explain why you are making a request.
California State Records
California criminal records are official documents that outline the criminal activity of persons within its jurisdiction. Also known as rap sheets, criminal records typically encompass crime-related information such as arrest data, indictments, pending dispositions and conviction information all assembled from local, county law enforcement offices as well as trial and appeal courts and state-run correctional facilities. California arrest records are official documents providing information regarding persons who have been taken into custody following their alleged involvement in a crime.
The California State Records website provides every Californian with tools to access public records. The goal of this website is to ensure all members of the general public can use their right to access California state public records. This can be done without requiring a reason for accessing such information, or providing personal information, unless the requested record is confidential by law or court decision. Criminal records, court records, and vital records are all present on California State Records. This includes over million transparent public records. Availability of more recent records through both third party and government websites have become more standard over the past 30 years as digitalization becomes more common.
Access to Public Records in California
California Public Records