California Arrest Records

California arrest records are formal reports generated from criminal activity within the state's borders. Law enforcement agencies, like the police departments and sheriff's offices, prepare these records after an arrest has been made. Such agencies also ensure the proper retention of arrest records in line with the applicable state and local regulations.

Arrest records provide important information about incidents in which a person was apprehended by the police for a suspected crime (felony, misdemeanor, or infraction). Simply put, the records reveal the who, why, when, and how of an arrest.

A typical California arrest record bears an offender's identifying information, including their full name, date of birth, place of birth, age, sex, race/ethnicity, occupation, hair and eye color, and sometimes, photograph. It also states the arrest date/time/location, type, and the arresting law enforcement agency. Equally incorporated in an arrest record are the arrestee's booking details, custody status, next court date, charge or offense data (which may include the case number, crime description/level, case summary, bail amount, and disposition), and outstanding warrant information.

Are Arrest Records Public in California?

Yes, arrest records are public in California. The state's Public Records Act (Gov. Code §§ 7920.000 et seq.) and Constitution enable the dissemination of arrest records maintained by a state or local law enforcement agency. However, certain information is exempt from public disclosure.

For example, according to Section 7923.610 of the CPRA, law enforcement agencies may limit the disclosure of arrest information when it would endanger the safety of an individual involved in an investigation or an investigation's successful completion. Moreover, law enforcement agencies can withhold information if its release would jeopardize a person's right to privacy. Other statutory exemptions, such as a juvenile arrest record or record related to pending litigation, may also apply to restrict unauthorized access to sensitive or confidential data.

How Do I Look Up Arrest Records in California?

A request for arrest records in California can be directed to the following agencies:

A Local Law Enforcement Agency: Individuals can look up California arrest records through an arresting police department or sheriff's office as follows:

• Access the agency's online arrest data portal (often called an *arrest log *or daily booking log) if available. Each portal's data range will vary, with some going back a few days (like the Santa Clara Police Department's arrest log) and others going back years (like the Lake County Sheriff's booking log).
• Draft a public records request (including information sufficient to identify the record) and submit it to the arresting agency. Often, requesters can find a special request form on the arresting agency's website. It may also be possible to submit an oral request in person. Usually, a nominal fee, which varies by agency, applies to obtain copies of a report.

Note: An individual's local summary criminal history information—which encompasses all arrests relating to a person compiled by a local law enforcement agency—is only releasable to the subject of the criminal history and authorized third parties (Penal Code §§ 13300 - 13326).

The California Department of Justice (DOJ): The DOJ maintains state summary criminal history information (also called rap sheets). These records bear statewide arrest and prosecution data for individuals who have encountered the state's justice system. Like local criminal history records, access to rap sheets is limited to a record owner and authorized applicant agencies (Penal Code § 11105). A $25 processing fee applies to obtain personal criminal histories from the DOJ.

The Federal Bureau of Investigation (FBI): For a nationwide arrest records search, a California citizen can submit a written request to the FBI's Criminal Justice Information Services Division for a nominal fee of $18. The FBI does not release copies of arrest records to individuals other than a record's subject.

Moreover, arrest records may be maintained by the court having jurisdiction over a criminal matter. Individuals may contact the court for the documents, but bear in mind that such information may be accessible only to a defendant.

Free Arrest Record Search in California

Many local law enforcement agencies in California provide public portals on their official websites that interested individuals can access to find arrest records. These portals are free to access with an arrestee's last and first name or, sometimes, a booking number/ID. However, an agency's database will only allow for searches of persons arrested by the agency. The state has no centralized database for free arrest record searches.

How Long Do Arrests Stay on Your Record in California?

Generally, arrests stay on a person's record forever in California, except when sealed or expunged. Although the California legislature recommends general retention limits, it does not impose a specific retention period for arrest records. Instead, several factors influence arrest retention schedules, including statutory requirements, record types, and internal agency policies. For example, the California Department of Justice's record retention policy for arrest records and other criminal history data is until the subject reaches 100 years of age.

How to Seal Arrest Record in California

Sealing an arrest record in California removes it from the public's perusal, but some government agencies may retain access. Generally, a person must be eligible to file a petition to seal under Cal, Pen. Code § 851.8 (sealing of arrest records for persons determined to be factually innocent) or Cal. Pen. Code § 851.91 (sealing of adult felony and misdemeanor arrest records).

A petition under § 851.8 (known as a Petition to Seal and Destroy Adult Arrest Records) must be filed with:

• The arresting law enforcement agency (if no charges were filed), or
• The court of jurisdiction (if charges were filed but the defendant was declared factually innocent). A copy of the petition must also be served on the applicable District Attorney's Office.

Meanwhile, a petition under § 851.91 (called a Petition to Seal Arrest and Related Records) can only be filed with the court under certain conditions (the web page has more information about submitting a petition to seal). The California judiciary also answers FAQs and lists other options to seal or limit California arrest records in Form CR-409-INFO.

Note that the procedure to seal juvenile arrest records not automatically sealed in California differs. Under Welfare and Institutions Code § 781, eligible applicants must petition the juvenile court. A local probation department may provide more information on juvenile sealing procedures.