California Court Records

The California court system comprises a single supreme court, courts of appeals separated into six appellate districts, and 58 superior courts. These courts serve about 12% of the total United States population (the 39 million residents of California) and process over 4.5 million cases annually. The vast majority of court cases in the state are initiated at the superior courts, which are the only trial courts in California. These courts handle criminal, civil, probate, family, juvenile, and mental health cases.

The California Supreme Court is at the apex of the state's court structure. It has discretionary authority to review decisions of the state courts of appeal and original petitions for writ relief. The courts of appeal review the majority of appealable orders or judgments from the superior courts and original petitions for writ relief. Superior courts exist in each of the state's 58 counties and have trial jurisdiction over all civil and criminal cases filed.

How Do I Search California Court Records?

California court records are available to requesters online and offline. Anyone looking to obtain court records offline in the state must visit the courthouse where the record was filed or generated in person. Online access to case information in the state is typically available via the website of the court maintaining the record you want to access.

The California Judicial Branch provides online access to search appellate court case information. To search appellate court case information, follow these steps:

• Visit the Appellate Court Case Information page of the California Courts website
• Choose your preferred search option. The system allows users to perform a search by case number, party information, attorney information, and case caption.
• Provide the relevant information depending on the search option chosen
• Click on the search option

Oral arguments, case or docket information, and opinions of the appellate courts are also available online.

To search case information for records held at the trial courts in the state, visit the website of the trial court and select a search criterion to commence a search.

How to Retrieve Court Records Offline

Offline retrieval of California court records is only possible by visiting the address of the court where the record is held. The California judicial branch website provides an address for all courts in the state. Since the clerk of courts is the custodian of court records, your request must be made to the office of the clerk of the court.

However, you will be required to provide information that will assist the office of the clerk to locate the record you need. Typically, requested information includes the case number, party names, case type, and the approximate filing date.

While viewing a court record may be free, especially if completed via the public access terminals in the courthouses, requesting a certified court record usually requires payment. Usually, if it takes the office of the clerk of the court more than 10 minutes to locate a record, a $15 search fee may be charged. Standard copy fees are $0.50 per single-sided page. Certified copies, however, may be charged at $40.00 per document.

What Are the Types of Court Records In California?

According to the Judicial Branch of California, all California courts have two types of records: case records or adjudicative records and judicial administrative records. Case records consist of documents or materials submitted to a court in relation to a lawsuit or legal proceeding. Parties involved in the case file these records, seeking the court's intervention to resolve their dispute or take other necessary actions. In turn, the court files its orders and decisions regarding the matter.

On the other hand, California judicial administrative records refer to how California courts do their work. For instance, courts in the state have financial records and contracts. Note that court records in California are maintained by the clerk of the court where the case was filed or generated.

The following specific records may be obtained from California courts:

• Supreme Court: Records maintained by this court include:
• Case Information: Details about cases argued before the court, including oral arguments and case summaries.
• Published Opinions: Official opinions issued by the court.
• Docket Information: Information about the status and history of cases.
• Minutes: Official minutes of the court's sessions
• Courts of Appeal: Records maintained by the California courts of appeal include:
• Case Records: Documents related to appeals, including briefs, motions, and court orders.
• Opinions: Published opinions issued by the appellate courts.
• Docket Information: Status and history of appellate cases.
• Oral Arguments: Records of oral arguments presented before the court
• Superior Courts: The public may find the following records in superior courts:
• Civil Case Records: Documents related to civil cases, such as complaints, motions, and judgments.
• Criminal Case Records: Records of criminal cases, including charges, pleas, and sentencing information.
• Family Law Records: Documents related to family law cases, such as divorce, child custody, and support orders.
• Probate Records: Records of probate cases, including wills, estates, and guardianships.
• Traffic Case Records: Information about traffic violations and related court proceedings.
• Small Claims Records: Documents related to small claims cases.
• Juvenile Case Records: Records of juvenile dependency and delinquency cases (note that these are often confidential).
• Court Orders and Judgments: Official orders and judgments issued by the court.

Examples of records maintained by the federal courts in the state include civil cases (such as contract disputes, personal injury, and intellectual property cases), criminal cases (such as records relating to drug trafficking, white-collar crimes, and immigration offenses), and bankruptcy cases.

Are California Court Records Public?

Per California Rules of Court, court case files are considered public records and may be inspected by the public. According to these Rules, except where a record has been deemed confidential or sealed by law, all papers in the court files may be inspected by the public in the office of the clerk. These rules and the provisions of the California Public Records Act (CPRA) ensure that the public have access to court records in the state.

However, some exemptions exist for some types of court records. According to California laws, the following court record types are exempt from public disclosure:

• Sealed court records, such as juvenile records, adoption records, records involving trade secrets or confidential business information
• Personal identifying information, such as Social Security numbers, financial account numbers, and medical records
• Expunged or dismissed cases
• Grand jury proceedings

Note that California courts may seal entire court records or specific sections to protect sensitive information and individual privacy.

Can I Seal or Expunge a California Court Record?

In California, sealing makes non-conviction records inaccessible to the public but does not erase them. However, expungement in the state is a post-conviction relief as it allows people to have their convictions dismissed under specific conditions.

Since SB 731 went into effect in July 2023, California allows felony convictions to be automatically cleared after four years. However, to be eligible, the individual must not have committed any offense during those four years and must not have been convicted for a serious, violent, or sexual offense. Individuals who do not qualify for automatic expungement may file for the sealing of their records under the provisions of Section 851.91 of the California Penal Code.

You may have your record sealed under Section 851.91 of the California Penal Code in the following circumstances:

• You were arrested, but no charges were brought against you.
• You faced charges after your arrest, but the charges were subsequently dismissed.
• You successfully completed a diversion program, leading to the dismissal of the charges.
• You participated in deferred entry of judgment (DEJ), resulting in the charges being dismissed.
• You stood trial and were acquitted, found not guilty.

Once the record is sealed, you are not required to disclose the arrest on applications for jobs, housing, or other areas.

The provisions for expungement in California are outlined under Section 1203.4 of the state Penal Code. For expungement to apply, the following conditions must apply:

• You have successfully completed probation for the offense, including paying all fines, restitution, and completing any community service or counseling required.
• You are not currently facing any criminal charges, on probation for another offense, or serving a sentence for a different crime.
• You were not convicted for some serious offenses, such as sexual offenses involving minors.

Note that expungement in California does not entirely wipe out all traces of the conviction record expunged. Law enforcement agencies and certain government bodies may still have access to these records during background checks.

The process for applying for expungement or sealing court records in California are similar. Typically, they include the following:

• Gather the Necessary Documents: Obtain court records, arrest reports, case numbers, and proof of completing your sentence terms such as probation and fines. Also, ensure all records are accurate to avoid delays or denial. Your lawyer can assist in gathering the required documentation.
• File a Petition with the Court: Submit a formal petition to the appropriate California Superior Court. For expungement, file in the county of conviction. For sealing, file a motion to seal for arrests without convictions. This step may involve a filing fee, but fee waivers are available for those with financial difficulties. The filing fee varies from one county to another but is typically not higher than $150.
• Attend a Court Hearing: The court will schedule a hearing to review your request. Present evidence of rehabilitation, employment history, or community involvement. A criminal defense attorney may help you prepare and represent you at the hearing.
• Receive the Court's Decision: The judge will decide based on the petition, documents, and evidence presented. If approved, the court will issue an order to expunge or seal the record. If denied, you may appeal or address issues and reapply. Verify that the changes are reflected in public databases.

How To Search Federal Court Records in California

There are four federal courts in California: The Northern District, Eastern District, Central District, and Southern District of California. These courts handle cases including matters relating to federal laws, the United States Constitution, federal criminal cases, bankruptcy cases, and cases involving intellectual property.

Federal court records in California may be accessed offline and online. To access federal court records online in the state, you must visit the location of the courts and submit a request at the office of the clerk of the court. To access federal court records online, you may use the federal PACER system. This system requires users to create an account before searching.

How To Get California Court Records Online for Free?

Through its judicial branch website, California provides free online access to court records to requesters. On the judicial branch website, the public can find links to appellate court case managementsystem and trial court websites, where they may use various options to perform a search. Alternatively, you may use third-party databases like CaliforniaPeopleRecords.us to conduct free online scans for California court records.