California Arrest Records

A California arrest record describes the incident of a person's arrest in the Golden State. It carries pertinent details such as the offense(s) leading to the arrest and the officer/agency that made it. An arrest record is also essential for initiating criminal court proceedings.

Depending on where the incident occurred, arrest records are typically maintained by local law enforcement agencies, such as the San Diego County Sheriff's Office, the Sacramento Police Department, or the Los Angeles Sheriff's Office.

By reviewing arrest records, citizens, residents, and other parties may keep up with the activities of the police force regarding enforcing the law or maintaining public order and safety. In addition, someone who inspects an arrest record may determine why a person was arrested and where they are being held.

Are Arrest Records Public in California?

Yes. Under the California Public Records Act (CPRA), public members may access records generated by the California government (Code §§ 7920.000 et seq.). This includes arrest records preserved by local and state law enforcement agencies. Hence, any interested member of the public may view or copy information about arrests that took place within the state.

However, the CPRA excludes certain records from public release in California. Suppose a request is made for such confidential records. In that case, the requester may only obtain the documents or information they seek if they are an authorized party or may produce a court order from a court of competent jurisdiction.

Certain portions of a record may be deemed confidential, or the custodian may restrict the entire file from the public. Cal. Gov. Code §§ 7923.650 through 7930.215 specify several exemptions to the CPRA, including:

• Identifying juvenile information
• Information that may endanger a witness or another person's safety
• Information that may threaten the successful completion of an investigation or a related investigation
• Information that may deprive a person of a fair trial
• Identifying confidential informant information
• Local and state criminal history information

California Arrest Statistics

According to the 2024 Crime Data published by the California Department of Justice, in 2024, the average arrest rate was 2,673.8 per 100,000 residents. This figure was 2.4% higher than the data recorded for 2023, which had an arrest rate of 2,611.2. Broken down across age groups, between 2023 and 2024, California recorded a 1% increase in juvenile total arrests (from 793.2 to 801.9) and a 2.4% rise in the adult arrest rate (2,897 to 2966.6).

While the total felony arrest rate dipped by 0.7%, arrests linked to misdemeanors increased by 4%. Other recorded increases included the total violent offense arrest rate (2.9%), robbery arrest rate (4.8%), and arson arrest rate (8.95%). In contrast, incidents for arrests tied to property offenses, motor vehicle theft, and homicides dipped by 5.1%, 16.7% and 6.5% respectively. All told, 59.7% of adult felony arrests ended up in a conviction, out of which 20.3% ended up incarcerated. California also recorded a 13.9% increase in adults placed on probation for a misdemeanor offense.

Find Public Arrest Records in California

Individuals may obtain public arrest records from local law enforcement agencies, such as a sheriff's office or police department. There are several different ways to submit requests for public arrest records. Each agency typically prescribes its unique method. However, the following steps are required across the board:

• Identify the Records Custodian: A query for a public arrest record should be addressed to the agency that made the arrest. Local police departments do not maintain records outside of their jurisdictions.
• Determine the Records Request Procedures and Fees: In many cases, an individual will find guidelines for obtaining public arrest records on a law enforcement division's website. When such information is unavailable, the person may contact the agency to determine request procedures and fees. The requester is also advised to confirm the availability of the records they seek.
• Submit the Request: Usually, law enforcement agencies provide in-person, mail, and online options for requesting records in their custody. Where in-person requests are permitted, the inquirer may visit an agency's physical location during regular business hours to submit a request (sometimes an appointment will be required). Where mail inquiries are encouraged, the requester may draft a letter containing information sufficient to identify the arrest record (e.g., a name or arrest date) and send said letter to the agency's designated mailing address. Meanwhile, if the arresting agency provides an online portal for submitting public arrest records requests, the interested party may access this portal through the agency's website to make related inquiries.

Some records cannot be accessed by the general public. In cases where one requires access to restricted or non-public arrest records, especially regarding an established court hearing, it may be possible to subpoena the record.

A subpoena is a court order requiring someone to produce a record or appear in court as a witness. Subpoenas to provide an arrest report are generally served in person on the records custodian during regular business hours. A non-refundable fee typically applies (often a minimum of $15), which is paid at the time of service. More information about how to subpoena an arrest record may be obtained from the particular agency with the record in its custody.

How to Look Up Arrest Records Online in California

In California, arrest records are searchable online from official and non-government sources. For instance, searchers may check the website of a local sheriff or police unit, which may feature some arrest information. A local law enforcement agency, such as the Records Division of the Fremont Police Department, may also have an online database that the public may access to find out if someone is in jail following an arrest. Usually, such databases are accessible with a person's name or assigned booking number.

Alternatively, some third-party websites may provide arrest records to the public. These websites may be found by inputting related keywords into a major search engine and are usually searchable with criteria such as a person's first and last name and an applicable U.S. state. However, verifying records obtained from a non-government source is essential to ensure the accuracy and completeness of records.

What is Included in California Arrest Records?

California arrest records may contain the following elements:

• Arrestee's Identifying Information: This includes a suspect's complete name (first, middle, and last) and date of birth.
• Arrestee's Physical Description: Sex, race, height, weight, and color of hair and eyes.
• Offense Details: The offense category (felony, misdemeanor, or infraction) and the statute of law violated.
• Arrest and Booking Details: The arrest date, time, and location are included. Also included is the arresting agency (sometimes the arresting officer's name), information about the outcome of the arrest (i.e., whether the suspect was released or kept in jail), the amount of bail set, booking time and date, and the time and manner of release.
• Outstanding warrants and probation/parole holds to which an arrestee is subject.
• The factual circumstances leading to an arrest

How Long Do Arrests Stay on Your Record in California?

California has no specific deadline for sealing or expunging an arrest record. Instead, the records remain in existence according to agency retention schedules. For instance, the records of arrests maintained by the California Department of Justice (DOJ) stay on file until a subject turns 100. On the other hand, the Los Angeles County Sheriff's Department generally retains its records for 10 years. Retention schedules are established to satisfy legal, liability, and audit requirements and are influenced by factors such as the record type and an agency's internal policies.

Expunge an Arrest Record in California

Persons who want to seal their arrest records may file a petition under Cal. Pen. Code § 851.8 (where a person was determined factually innocent) or Cal. Pen. Code § 851.91 (sealing adult misdemeanor and felony arrest records where no conviction exists).

Sealing an arrest record under Cal. Pen. Code § 851.8

To seal an arrest record under Cal. Pen. Code § 851.8, affected persons generally have to submit a Petition to Seal and Destroy Adult Arrest Records (Form BCIA 8270). As part of the conditions for eligibility, petitioners may also be required to show that:

• No outstanding charges are filed against them
• All charges were dismissed before trial
• A jury acquitted the petitioner.

Applicants may use the BCIA 8270 form or seek a corresponding form from their local court (if available).

In California, a Petition to Seal and Destroy Adult Arrest Records may be submitted to an arresting law enforcement agency if no charges were filed against the petitioner. A copy of the petition is then forwarded to the respective county or city prosecutor.

However, a petition may be filed with a superior court of jurisdiction in some cases. This typically occurs if:

• A petitioner had charges filed, but got them dismissed
• A petitioner was acquitted
• A petition was sent to a police agency, but it received no relief.

Filing a petition is generally free. However, a petitioner must convince a judge that an officer had no reason to arrest them. A copy of the petition is typically also served on the respective city or county's prosecuting agency.

Sealing an arrest record under Cal. Pen. Code § 851.91

Where an arrest did not result in a conviction, a record subject may be able to seal their California arrest record under Cal. Pen. Code § 851.91 (a Petition to Seal Arrest and Related Records).

Below are the eligibility criteria for sealing an arrest record under the specified statute:

• The individual was arrested with no charges filed
• The individual was arrested and charged, but the charges were dismissed
• The individual completed diversion, and the charges were dismissed
• The individual completed a deferred entry of judgment (DEJ), and the charges were dismissed
• The individual went to trial and was acquitted

Interested persons may find instructions for filing Form CR-409 in Form CR-490-INFO. More information about sealing California arrest records, including other ways to seal or limit an arrest record, may be obtained from the state judiciary's Record Cleaning: Arrest with No Conviction and Clean Your Record pages.

When an arrest record is sealed in California under a court order, it will not be released to anyone except the record's subject or a criminal justice agency. Subsequently, the subject is not expected to disclose the existence of the record unless applying for a public office, a state or local license, employment as a peace officer, or other applicable scenarios.

It should be noted that a person may file a Petition for Dismissal (California's expungement procedure) when there is a conviction. A Petition for Dismissal asks the court to reopen the case to set aside a conviction, withdraw a guilty plea, enter a plea of "not guilty", and finalize the case without a conviction. However, records of one's arrest and charges will still exist.

Furthermore, the procedure to seal a California juvenile arrest record differs from that used to seal an adult one. In the former scenario, a person must petition a juvenile court and be eligible under Welfare and Institutions Code § 781.

How Do I Find Recent Arrests in California?

The public may find recent arrests within a California county or city through the sheriff or police department. These agencies often publish online arrest logs that provide summaries of recent arrests within a period, ranging from a few days to a month or a few years. For example, the San Ramon Police Department publishes weekly (7-day) arrest logs, while the Lake County Sheriff's Office publishes an arrest log for the previous 30 days alone.

Are California Arrest Records Free?

Yes. Generally, almost anyone (residents and non-residents) may access information about recent arrests ("arrest logs") from a local law enforcement agency's website for free. However, anyone requesting a copy of an arrest record or report from such agencies typically needs to pay the associated fee, which differs by agency. The same principle generally applies when sourcing documents from non-governmental websites. Searching for a record at no cost may be possible, but a fee is often needed for the generated record.