A California arrest record is a report generated by police or law enforcement authorities after they arrest you. The record is considered a criminal record and is made for arrests involving both misdemeanor and felony offenses.
Arrest records are considered public records and you can access them by contacting the agency that made the arrest or the court that had jurisdiction over the criminal case for which the arrest was made.
While arrestees typically seek a copy of their arrest records, employers may at times also obtain a copy of them when performing a criminal background check.
If you were arrested for a crime but never convicted of that crime, California law allows you to have your arrest records sealed and destroyed as a matter of right. This law is found in California Penal Code Section 851.87 PC.
To seal and destroy an arrest record, you must file a petition to seal an arrest as soon as it is no longer possible for the prosecutor to file or refile charges.
In this post, we will address the top 5 questions about arrest records in California.
How can I access my arrest records?
Arrest records are public records in the State of California. This means that if you were arrested for a crime, you have the right to look them up or access them as a matter of California law. This right is provided by:
- the Public Records Act, and
- the California Constitution.[i]
Arrest records are normally maintained and kept by the law enforcement agency that made the arrest. This includes:
- police departments, and
- county sheriff’s offices.
They may also be kept by the courthouse that hears cases in the location the arrest was made.
You can access your arrest records by contacting the applicable agency or department that made the arrest. If unavailable, then you should contact the court that had jurisdiction over the criminal case/court case for which the arrest was made.
Note that these entities may offer arrest records on their official websites.
To access your arrest record, you will typically have to pay a fee to obtain a copy of them. You may have to provide:
- your name and date of birth,
- a case number (if available), and
- the California Penal Code section that you violated.
You can also choose to access your records by working with a third-party record collection business or website.
Who else can access my arrest records?
Arrest records are most often sought by or obtained by the person that was arrested.
The two other main entities that may choose to access them are employers and third parties when performing a background check.
A background check is when an employer or other company obtains information about your history. This includes your criminal history.
An employer can conduct a background check either:
- on its own, or
- by hiring a third party (often referred to as an “investigative reporting agency”).
A background check may disclose several items of personal information. These include:
- past criminal convictions (for both misdemeanor and felony offenses) dating back seven years from the date of the check,
- negative information on a credit report,
- workers’ compensation information,
- schools that you attended (and the years of attendance),
- negative housing information such as prior evictions, and
- military information (for example, dates of service, ranks held, assignments, and awards).
As to criminal history, it is unlawful for an employer/ company to gain access to information on:
- an arrest that did not lead to conviction (unless the arrest is pending),
- a conviction dated more than seven years from the date of the check,[ii]
- a conviction for which you received a pardon,[iii]
- an arrest leading to the completion of a successful diversion program,[iv]
- expunged and sealed convictions,[v] and
- certain marijuana offenses.[vi]
What agencies keep and maintain records of arrests?
As stated above, the agency that made an arrest typically keeps and maintains arrest records. In addition, the court that had jurisdiction over your criminal case may maintain copies of them.
Note, too, that the California Department of Justice (DOJ) is required by law to maintain records of:
- arrests,
- detentions,
- case dispositions, and
- your personal identification information.
This is true provided that a law enforcement agency or a California court provided this information to it.[vii]
Arrest records show up on background checks.
What if an arrest was made but charges were later dropped?
If you were arrested but never convicted, California law allows you to have your arrest records sealed and destroyed as a matter of right (automatically).
Sealing an arrest means the record will not show up on most criminal background checks, and that records of arrest such as police reports, fingerprints, booking photos and rap sheet entries will be deleted.
The law originated as California Senate Bill 393. SB 393 is now codified in Penal Code 851.87 PC. This section allows you to have your arrest record sealed as a matter of right when:
- no criminal charges were ever filed,
- criminal charges were filed but later dismissed,
- you were found “not guilty” (acquitted) in a jury trial,
- your conviction was vacated or overturned on appeal, or
- you successfully completed a pretrial diversion or pre-sentencing program, such as Penal Code 1000 deferred entry of judgment.[viii]
Is there a process to seal and destroy records of an arrest?
Yes. You must file a petition to seal an arrest as soon as it is no longer possible for the prosecutor to file or refile charges.
This petition must be filed with either:
- the court in which charges based on the arrest were filed, or
- if charges were not filed, in the city or county in which the arrest occurred.[ix]
You are not eligible to have an arrest record sealed if any of the following apply:
- you may still be charged with any of the offenses upon which the arrest was based,
- the arrest was for murder or another crime for which there is no statute of limitations (unless you were acquitted or found factually innocent of the charge),
- you were not charged because you intentionally evaded law enforcement efforts to prosecute the arrest, such as by absconding from the jurisdiction, or
- you evaded efforts to prosecute the arrest by engaging in identity fraud and were subsequently charged with a crime for that act of identity fraud.[x]
Legal References
[i] State of California’s Department of Justice’s website, “Public Records.”
[ii] California Civil Code Section 1786.18.
[iii] See same.
[iv] California Labor Code Section 432.7.
[v] California Code of Regulations, Title 2, Section 7287.4.
[vi] One example is a conviction under Health and Safety Code 11357 HS, possession of marijuana (if the conviction was more than two years from the date the check was conducted).
[vii] State of California’s Department of Justice’s website, “Public Records.”
[viii] Penal Code 851.91 and 851.92(b)(2)(B) PC.
[ix] Penal Code 851.91 (b)(1)(B) PC.
[x] California Penal Code 851.91 PC.
