Are Criminal Records Public in California?
In California, the public’s right to access criminal records is governed by the California Public Records Act (CPRA) and the Federal Freedom of Information Act (FOIA). While there are some exceptions, criminal records in California are generally considered public records, meaning that they can be accessed by the public under certain circumstances.
What Types of Criminal Records are Public?
In California, the following types of criminal records are considered public records:
- Arrest records: Records of arrests, including booking information, are public records.
- Conviction records: Records of convictions, including plea bargains and sentencing, are public records.
- Sentence records: Records of sentences, including imprisonment, probation, and fines, are public records.
- Parole and probation records: Records of parole and probation supervision are public records.
What Types of Criminal Records are Not Public?
While most criminal records are public records, there are some exceptions:
- Sealed records: Records that have been sealed by a court are not public records. Sealed records are records that have been officially sealed by a court, and the contents of the record are not available to the public.
- Expunged records: Records that have been expunged by a court are not public records. Expunged records are records that have been officially expunged by a court, and the contents of the record are not available to the public.
- Juvenile records: Records of juvenile offenses are not public records. Juvenile records are records of offenses committed by minors, and the contents of the record are not available to the public.
- Confidential records: Records that are considered confidential by law are not public records. Confidential records are records that are protected by law, and the contents of the record are not available to the public.
How to Access Public Criminal Records in California
To access public criminal records in California, you can:
- Contact the court: You can contact the court where the criminal case was filed and request a copy of the record.
- Contact the sheriff’s department: You can contact the sheriff’s department where the arrest was made and request a copy of the record.
- Contact the Department of Justice: You can contact the California Department of Justice and request a copy of the record.
- Use online databases: There are several online databases that provide access to public criminal records in California.
Fees for Accessing Public Criminal Records in California
There may be fees associated with accessing public criminal records in California:
- Court fees: Courts may charge fees for copying and certifying records.
- Sheriff’s department fees: Sheriff’s departments may charge fees for copying and certifying records.
- Department of Justice fees: The California Department of Justice may charge fees for searching and copying records.
Timeframe for Accessing Public Criminal Records in California
The timeframe for accessing public criminal records in California can vary:
- Court records: Court records may take several days to several weeks to access.
- Sheriff’s department records: Sheriff’s department records may take several days to several weeks to access.
- Department of Justice records: Department of Justice records may take several days to several weeks to access.
Tips for Accessing Public Criminal Records in California
Here are some tips for accessing public criminal records in California:
- Be specific: Be specific about the record you are looking for, including the name of the defendant, the date of the arrest, and the court where the case was filed.
- Check the court’s website: Check the court’s website to see if the record is available online.
- Contact the court or sheriff’s department: Contact the court or sheriff’s department directly to request a copy of the record.
- Use online databases: Use online databases that provide access to public criminal records in California.
Conclusion
In California, criminal records are generally considered public records, meaning that they can be accessed by the public under certain circumstances. However, there are some exceptions, including sealed and expunged records, juvenile records, and confidential records. To access public criminal records in California, you can contact the court, sheriff’s department, or Department of Justice, or use online databases. Be prepared to pay fees and wait several days to several weeks for the record to be processed.
