California Criminal Records

Run-ins with the police or court system contribute primarily to the generation of criminal records in California. When arrested, detained, charged, indicted, or sentenced for a criminal offense, an individual typically acquires a criminal record.

Put simply, a California criminal record (sometimes called a "rap sheet," "criminal history record," or "Criminal Offender Record Information (CORI)") is a compilation of an individual's interactions or contacts with the state's criminal justice system. The record consists of information submitted by criminal justice agencies in California, including the courts, local law enforcement agencies, probation/parole departments, district attorney's offices, and correctional facilities. The California Department of Justice (DOJ) is the state's central repository for criminal records.

Beyond encapsulating a person's criminal past, criminal records have crucial implications in California. The records are useful for criminal justice purposes, including apprehending fugitives, reviewing past criminal actions, and sentencing offenders. Criminal records also enable more transparency and accountability in the justice system and can be used to vet applicants for employment, housing, and licensing. For instance, a person's criminal record may be reviewed to determine their eligibility for a weapons-related permit.

Are Criminal Records Public in California?

Yes. Criminal records are public in California, but several exceptions impact the public's access. The California Public Records Law (CPRA), the law affecting most governmental records, does not apply to state and local summary criminal history information ("master criminal files") maintained by the California Department of Justice (DOJ) and local law enforcement agencies, respectively.

Access to state criminal histories is regulated by Penal Code § 11105, and access to local criminal histories by Penal Code § 13300. As such, although the general public may find some criminal information through criminal courts, local police departments, or private companies, only the subject of record and parties authorized in subsection (b) of the indicated penal codes may request access to California's master criminal record databases.

Notably, criminal information not contained in criminal history records is still subject to restrictions imposed by the CPRA and other relevant federal or state laws. Case in point: identifying juvenile offender information, crime victim information, and records that may endanger a witness's safety are confidential in California.

California Crime Records by County

Crime records include all statistical datasets and reports maintained by local or state government agencies to monitor, analyze, and measure criminal activity, including occurrences, rates, and demographics.

In California, crime records are readily accessible on government websites (often law enforcement agency websites). Usually, these records are prepared and released annually as online publications or via interactive systems.

Individuals can research crime records submitted to the California Department of Justice by county and local law enforcement agencies via the Open Justice Portal. Also, one can peruse DOJ publications, such as the Crime in California annual reports, for statewide current and historical information on juvenile justice, drug arrests, homicide, crime rates, and hate crimes in California.

Moreover, it is possible to find crime records specific to a county or locality in California through the local government or law enforcement.

For example, the Los Angeles Police Department (LAPD) provides up-to-date citywide crime data on its Crime Mapping website. The county's local sheriff (LASD) also maintains departmental arrest and crime statistics.

Further, San Diego County, California's second most populous county, publishes countywide crime rates on its official website. Cities within the county (for example, the City of San Diego) also release current and historical crime rates and statistics.

California Criminal Record Check

A criminal record check in California (sometimes called a "criminal background check") can be conducted at the local or state level.

Individuals who want to receive a copy of their statewide criminal record in California (or "DOJ report") must complete these steps:

• Fill out a Request for Live Scan Service (Form BCIA 8016)
• Get fingerprinted by a Live Scan operator (the fee varies, but it ranges from $10 to $25), and
• Pay the $25 DOJ processing fee (except if eligible for a fee waiver).

The operator will submit the form, fingerprints, and processing fee to the DOJ's office in Sacramento. The DOJ provides instructions for out-of-state residents who want to review their California criminal record. Note that such records cannot be used for Visa/Immigration or other transactions pertaining to foreign nations.

Where an applicant agency requires a person's California criminal record for law enforcement or regulatory (employment and licensing) purposes, the subject of the record will be provided with Form BCIA 8016, which they must complete and take to a live scan operator for fingerprinting. Subsequently, the DOJ will return a response to the applicant agency. More details are provided on the DOJ's Fingerprint Background Checks page.

Authorized individuals can also request a local criminal background check to a sheriff's office or police department. The request procedure is often outlined on the agency's website or can be obtained by calling a designated number. Typically, a fee (which varies) and proper identification are required for local criminal checks. However, records obtained will only cover the specific law enforcement agency's jurisdiction.

Find Criminal Records Online in California

California criminal records are usually restricted to subjects of records and authorized applicant agencies in California. Neither the Department of Justice nor the local law enforcement agencies provide online systems for people to obtain or request criminal record checks. All requests for California CORI must be made in person or via mail to the respective agencies.

Free Criminal Record Search in California

Several third-party aggregator websites offer California criminal record searches to the public. Typically, these websites are searchable with a person's first and last name and the state where the search subject lives or the record originated. Other search filters like a previous address and subject's age may also be utilized.

However, in many cases, although a member of the public may be able to conduct a preliminary search for a criminal record for free, a fee will be assessed to obtain the full report. This fee may be charged per report, or the user may be offered a subscription plan.

What Does it Mean if You Have a Criminal Record in California?

A criminal record in California can present certain barriers to a person's quality of life, including their ability to work or travel, obtain a lease/rental agreement, or apply for a loan. It can also affect their social status—how others perceive or treat them in the community—even when the record owner was never convicted or has fully served their court sentence.

For this reason, the State of California imposes record restrictions and offers several forms of relief to lessen the impact of a criminal record. An example is the Fair Chance Act, which disallows employers from asking about an applicant's criminal record before presenting a job offer.

Nonetheless, given that criminal records are needed for law enforcement and judicial processes, and that the state's open records policy affects various levels of government, it is not unusual for the public to have some access to the information in a person's criminal record.

Other effects of a criminal record in California include:

• The record may induce harsher sentencing for a subsequent crime.
• The record owner may be deported from the country.
• The record may preclude one from gaining school admission.

Does Your Criminal Record Clear After 7 Years in California?

No, a person's criminal record in California is not cleared after 7 years. According to agency retention schedules, California criminal records remain in existence except when sealed or expunged. For example, the California Department of Justice, the state's central repository for criminal records, maintains criminal records until a subject turns 100.

The 7-year rule mostly applies to convictions reported under the Fair Credit Reporting Act for employment purposes. (See also Cal. Civil Code § 1786.18.).

Arrest Record Vs Criminal Record

The terms "arrest record" and "criminal record" are often used synonymously. However, a subtle distinction exists between them.

An arrest record lists offenses for which a person has been arrested. The record does not typically indicate the final outcome of an arrest (i.e., whether the offender was prosecuted or sentenced for the charges) nor formal charges filed against a person. On the other hand, a criminal record is a more detailed summary of a person's criminal history. It carries arrest, detention, charge, and conviction data.

In California, arrest records are usually maintained by local police agencies, whereas the Department of Justice preserves criminal records.

California Police Records

California police records include all reports of crimes and incidents created, used, or maintained in the course of a police agency's business. Examples include arrest reports, crime reports, traffic collision or accident reports, 911 tapes, warrants, calls for service logs, and complaints. In this way, the records differ from criminal records.

Police records are considered public under California's Public Records Act. However, like other records subject to the Act, access is not without some limitations. Under the CPRA, public police records do not include drafts, juvenile information, certain personnel data, records related to pending litigation, investigative records, or records whose release would endanger a person's life or safety. Specific document types, such as traffic collision reports, local criminal history reports, and crime scene photographs, are also withheld from the public.