California Criminal Records

Data collated from recent crime reports indicate that California has an overall crime rate of 28.43 per 1,000, with a violent crime rate of 4.99 per 1,000 - one of the highest violent crime rates in the country.

California criminal records are official documents that detail an individual's criminal history and their interactions with the state's criminal justice system. They generally include arrest records, warrants, charges, convictions, sentencing details, and more. The California Department of Justice (DOJ) serves as the primary repository for state-level criminal records. However, several other government agencies, such as local police departments, county sheriff's offices, the California Superior Courts, and the California Department of Corrections and Rehabilitation, also maintain their own records.

Are Criminal Records Public in California?

Criminal records in California are typically not subject to disclosure under the state's Public Records Act, and access to these records is usually limited. California Penal Code Section 11105, in particular, restricts access to criminal history information collected by the state's Department of Justice to specific parties, such as law enforcement agencies, certain employers or regulatory agencies, and the subject of the record.

Similarly, even though arrest records are generally considered public information (per the state's Public Records Act), records of criminal court proceedings resulting from these cannot be accessed remotely and may only be viewed in person at the Superior Court handling the case. Be aware that criminal records involving juveniles, sealed records, and records pertaining to ongoing investigations or witness safety are typically not publicly accessible, whether remotely or in person at the courthouse.

How To Look Up Criminal Records in California?

Criminal history records maintained by the California Department of Justice (DOJ) may only be accessed by authorized agencies (including law enforcement and district attorney's offices) and the person to whom the record pertains.

You may request a copy of your own criminal history record by submitting Live Scan fingerprints to the DOJ. You will typically need to complete a Live Scan Form (BCIA 8016RR) and take the completed form to a Live Scan site for fingerprinting services. If you are out-of-state, then you must complete an Application to Obtain Copy of State Summary Criminal History Record (Form BCIA 8705) instead. The completed form, along with manual fingerprint cards containing your full name, date of birth, sex, and return mailing address, should be mailed to the DOJ at:

There is a $25 processing fee, plus the fingerprinting fees charged at the Live Scan site (or your local law enforcement agency for out-of-staters).

Be aware that criminal records obtained from the DOJ via this process are not certified copies and cannot be used for visa/immigration or foreign national purposes. Certified copies of criminal history records in California may only be obtained by law enforcement, district attorneys, and specific state agencies. Nonetheless, public defenders and attorneys may obtain non-certified copies of criminal history records for their clients' cases or for witnesses who might testify in criminal proceedings by submitting a Certification of Attorney of Record - Request for Records (Form BCIA 8700) to the DOJ.

Likewise, individuals who wish to obtain criminal records from the DOJ for visa/immigration purposes may do so by submitting a request to the department and paying a $32 processing fee (note that additional fingerprinting charges may apply).

How To Search California Arrest Records?

In California, an arrest record is created when a person is taken into custody by local law enforcement (police departments and sheriff's offices) or state-level agencies like the California Highway Patrol. These records typically include details on the person arrested and the incident surrounding the arrest, such as:

• The arrestee's name, age, sex, race, and physical description
• The date, time, and location of the arrest
• A description of the alleged offense(s) committed
• The arresting agency

California arrest records are maintained by the arresting agency and may be accessed by contacting the relevant agency's designated records officer/department. Be aware that access to certain arrest records may be restricted to parties directly involved in the incident. Nevertheless, some law enforcement agencies provide general public access to their arrest logs or incident reports online.

How to Search California Warrants?

Warrants in California are legal documents, typically issued by a judge or magistrate, which authorize law enforcement to perform specific actions, such as making an arrest or conducting a search. Several types of warrants may be issued in California, including:

• Arrest Warrants: These authorize the arrest of a person suspected of committing a crime.
• Search Warrants: These authorize law enforcement to search a specific location for evidence of a crime.
• Bench Warrants: These are issued when a person fails to appear in court or comply with a court order.
• Alias Warrants: These are issued when a defendant fails to respond to a summons.
• Extradition Warrants: These are issued by the Governor's office and authorize law enforcement to arrest a person who has fled to another state but is wanted for crimes committed in California.

Under state law, search warrants must be executed within 10 days of being issued, otherwise, they become void. However, most other warrants typically remain valid indefinitely until the warrant is executed, recalled by a judge, or the person named in the warrant is deceased.

Most California Superior Courts offer online case search platforms that can be used to check for warrants issued against a person. Be aware that details on warrants related to active/ongoing investigations may not be publicly disclosed. Many law enforcement agencies in the state also maintain Most Wanted Lists online, containing details of individuals with active arrest warrants, usually for serious or violent crimes.

Can I Obtain a California Criminal History Record of Another Person?

No. you cannot typically obtain another person's criminal history record in California. Criminal history records are considered confidential in the state and may only be accessed by authorized parties. Per state law, this access is generally limited to legitimate law enforcement uses, specific court officials and state agencies, and the person named on the records; third-party requests for criminal history information are not allowed.

How To Expunge or Seal California Criminal Records

California offers several options for "cleaning a criminal record", which include record dismissal and sealing. Record dismissal removes convictions from the person's records, allowing them to legally deny these convictions for most purposes, including job applications. However, involving the conviction may still be accessed via public databases. On the other hand, when a record is sealed, it is no longer accessible to the public (but may still be viewed by law enforcement and certain government agencies).

You must meet certain criteria to get your record sealed or dismissed in California. These include:

• The offense must be eligible for the process. Certain offenses cannot be cleaned from a criminal record in California, such as violent offenses, child abuse and domestic violence, elder abuse, and offenses requiring registration as a sex offender.
• You must have completed the imposed sentence.
• You must have completed a mandatory waiting period. This is usually at least one year for misdemeanors and two years for convictions.
• You must have remained crime-free during the waiting period. This means no pending charges or convictions (excluding the ones that you wish to clean from your record).

Juvenile records for non-violent offenses and cases where the offender has completed a deferred entry of judgment probation or diversion program are typically sealed automatically. For other types of records, you will usually have to initiate the record-cleaning process by submitting a petition to the court that initially handled the case. Petition forms are available on the Judicial Branch of California's official website and may also be obtained at the courthouse.

The court will typically review your petition to assess your eligibility and may also consider factors like your criminal history before making its decision on whether to dismiss or seal your criminal record.

What Are the Limitations To Use of Criminal Records for Employment, Licensing, and Housing in California?

The federal Fair Chance Act prevents federal agencies and contractors from inquiring about an individual's criminal history until after a conditional job offer has been made. California also has its own Fair Chance Act, commonly referred to as the "Ban the Box" law, which prohibits employers from asking about criminal history before making a conditional job offer. The employer also cannot ask about or consider sealed or dismissed criminal records, even after the conditional job offer is made.

Be aware that employers with less than five employees are exempt from the requirements of California's Ban the Box law. This law also doesn't apply to certain industries where employers are required to restrict employment based on a person's criminal history, such as law enforcement, healthcare, education, and banking.

Similarly, housing providers are restricted from denying applicants solely based on criminal history without following specific guidelines and considering the following factors to determine if the person's criminal history would affect their ability to be a good tenant:

• The details and circumstances of the criminal conduct
• How long ago the incident occurred
• The person's age at the time of the incident
• If the offense was due to a disability or domestic violence
• The person's history as a tenant before and after the conviction
• Evidence of rehabilitation efforts

Can I Access California Criminal Records for Free Online?

While several private websites claim to offer access to criminal records, whether at no cost or for a nominal fee, the information provided by some of these websites may not always be accurate or up-to-date. To access accurate and reliable California criminal records, it is best to either directly contact the law enforcement agency or Superior Court holding the record, or utilize reliable and trustworthy platforms like CaliforniaPublicRecords.us that aggregate data from official and private databases.