California Public Records

A California public record is any record pertaining to the transaction of public business within state limits. They are generated and preserved by Californian government agencies at the state and county levels.

The requirement for public records retention in California is enshrined in the state's constitution and legislature, specifically, a series of statutes known as the California Public Records Act, or CPRA. The CPRA tasks each state and local government body to collate and maintain records concerning their official duties. Agencies must also endeavor to disclose the records to the public upon request, excluding records specifically exempt by statute.

California public records are pivotal to California's democratic process. They allow public oversight in the operations of the government, including the actions/performances of elected officials, which ultimately aids openness and accountability within the government.

Are California Records Public?

Yes. The California Public Records Act allows the public to inspect and copy governmental information with some exemptions (Cal. Gov. Code § 7921.000). Per the Act, any member of the public can submit a public records act request to a state or local agency for records in its custody.

On the other hand, the CPRA excludes specific record categories from public disclosure. (See Parts 5 and 6 of the CPRA.) While restricted or confidential records vary widely across agencies, California's core precept for nondisclosure is "any record whose dissemination is prohibited by law or whose need for confidentiality surpasses the public's right to know." Where a CPRA exemption applies, access may be limited to a few authorized parties, the classified sections of the record may be redacted, or the entire document/file may only be available by court order.

Below are some records exempt from disclosure and may not be accessed following a California Public Records Act request:

Sensitive personal information (Social Security numbers, credit/debit card digits, and bank account numbers)
Identifying juvenile information (including those pertaining to a criminal proceeding)
Information that may deprive a person of a fair trial
Personnel, medical, or similar files
Records related to pending litigation and ongoing investigation
Preliminary drafts, notes, or memorandums not retained by an agency
Attorney-client communications

California Public Records Act

The California Public Records Act, enacted by the California legislature in 1968, is codified in §§ 7920.000 through 7931.000 of the Government Code. Modeled after the federal Freedom of Information Act, the CPRA furnishes access to records maintained by California public agencies by balancing an individual's privacy rights with the public's need for information. The Act does not constrain record inspection or copying to citizens or residents, nor does it mandate a record seeker to state an intended usage or purpose to obtain California public records.

Under the CPRA, a public record means "any writing prepared, owned, used, or retained by a local or state agency in the conduct of its official business, regardless of physical form or characteristics." Consequently, California public records encompass a variety of materials, including papers, computer hard drives, DVDs, compact discs, photographs, audio recordings, electronic files, microfilm, and more.

Some records that fall within the scope of the CPRA include:

Arrest logs
Marriage Records
Crime statistics and reports
Business entity files
Registrant records (Megan's Law)
Property records
Driving records
Court records and case information

How Do I Find Public Records in California?

California government agencies recommend distinct procedures for inspecting or copying public records in their custody. Fortunately for the amateur requester, there are several commonalities in these record retrieval processes for both state and nationwide searches:

Step 1: Determine the Record(s) Required and the Custodian. Every California public record has a corresponding local or state office charged with handling related requests. Thus, the first step when looking for a public record in California, besides determining the record type, is identifying the agency/office that accepts such inquiries.

For example, court records may be requested from the court where a case was filed, property records requests can go to a local assessor or recorder's office, and official city records may be sourced from the respective city clerk's office.

Step 2: Determine the Record's Availability and the Agency's Access Requirements. A California records custodian or administrator's website often has directives for public records requests, including the agency's access methods and fees. A designated phone line or email address may also be provided to assist requesters.

Upon determining an agency's access rules, it is good practice to confirm the desired record's availability from the records custodian. (The exact name of the office will vary, but it may be called a records department or public information unit.) While the CPRA directs agencies to make reasonable efforts to respond to requests for public records, it does not mandate an agency to create or prepare non-existent records at the time of a request.

Step 3: Prepare and Submit the Records Request: Public records requests in California are generally made orally or in writing. The request methods vary but often include in-person, by mail, fax/email, phone, or online. However, in many cases, a person will have to submit a CPRA request in writing for the efficient and timely processing of their request. Requests will usually contain information with which to facilitate the search, such as a case number (in the case of court records), the location of the record's creation (for police reports, etc.), page number (for property records), birth or death dates (for vital records).

Often, a California records custodian's website will have a PDF form requesters can download, fill out, and submit to obtain public records. Where no such form exists, it may be necessary to prepare a written request that identifies the sought-after record and bears the requester's contact information for the office's response. Sometimes, it may be possible to submit this request online.

Step 4: Pay the Applicable Fees: Certain fees may be compulsory to process public records requests in California. These costs (and their payment methods) differ by agency but are usually imposed to cover direct duplication costs and excessive/additional staff time used to fulfill such requests.

Find California Public Records Free

Free access to California public records is often provided online or in person. A California government agency may offer a public access terminal at its physical address or a robust open data portal that the public can access (with the entry of specific criteria) at no charge. Here are some agency/database examples:

The Superior Court of California, County of Ventura, offers in-person and online options for free access to public records
The California Secretary of State provides general access to business entity records, such as corporate filings, via its Bizfile portal.
The San Diego City Clerk has a free online resource for obtaining city council agendas, minutes, and other official city documents.
The Sacramento County Assessor permits free remote access to parcel maps and assessment data (excluding owner information), and public property information can be viewed on the department's lobby computers during official business hours.

An appointment may be required to use an agency's public terminal.

What Happens if I Am Refused a Public Records Request?

A refusal to process a public records request in California may occur for different reasons: the requested information may be confidential, the request may have been sent to the wrong agency, the sought-after record may not exist, or the details provided by the requester may be insufficient to identify the document.

Under the CPRA (Section 7922.000), a California government agency must provide a written explanation that justifies withholding a record. Record seekers who find this denial unconstitutional or erroneous may appeal to the agency or challenge the agency's decision in a superior court of competent jurisdiction (Cal. Gov. Code §§ 7923.000 - 7923.500).

How Long Does It Take to Obtain a California Public Record?

The California Public Records Act, in Section 7922.535, prescribes a 10-day deadline for an agency's initial response to a public records request. This time limit covers the agency's determination to comply with the request (i.e., ascertain whether the records are available and can be provided) and notify the requester about their inquiry's status (i.e., the determination). According to the law, agencies may utilize a 14-day extension for further research, voluminous requests, constructing computer reports, or communicating with field offices.

Even so, these timeframes are not wholly obligatory. Based on the volume of a request, an agency's workload, and other factors, an agency may provide an estimated delivery date that falls outside the CPRA's response limits but is still within a reasonable period.