Are Contra Costa County Records Public?

Yes. Per the California Government Code section 7920.000 (California Public Records Act (CPRA)), members of the public have legal authority to request public records and information as long as they are not legally exempted. These public records include any form of communication or presentation created by a government agency while conducting public business (Section 7920.500 - 7920.545). Some examples include Contra Costa County court records, vital records, property records, and criminal records.

In addition to the CPRA law, individual government agencies and departments may have additional public record laws guiding access to the records for which they are the custodians. Examples of these local legislation include the following:

• Contra Costa County Better Government Ordinance: It provides additional guidelines and ensures transparency in local access to public records.
• Public Records Act Protocol: These protocols, given by the Contra Costa County District Attorney's Office, dictate the procedure for handling public records requests.

What is Exempted Under the California Public Records Act?

The California Public Records Act (CPRA) grants the public access to public records to promote transparency and accountability of government officials. Some records are exempt from unauthorized public access by law to protect privacy and security. Exemptions exist to help the state enforce the public’s right to information while protecting sensitive data (Cal. Gov. Code § 6254). Examples of records that are exempted from unauthorized public access in Contra Costa County include:

• Privileged documents (attorney-client communications)
• Records violating constitutional privacy rights (CPRA and Contra Costa Better Government Ordinance)
• Personnel records
• Medical records
• Case records of ongoing investigations
• Preliminary draft of policies and procedures
• Trade secrets
• Case documents pertaining to a juvenile's prosecution
• Court records containing sensitive information such as the personal information of a crime victim
• Pending litigation records involving public agencies.

Individuals seeking to challenge or gain access to an exempted record can do the following:

• Contact the record custodian requesting an explanation
• File a formal appeal to review the decision to exempt the record
• File a petition with the Superior Court to obtain a court order.

The CPRA also dictates that some agencies, including law enforcement agencies and judicial and regulatory bodies, may access exempted records under special circumstances while carrying out their duties.

Contra Costa County Public Record Search

The first step in conducting a public record search for a specific record is determining the type of record needed and the appropriate agency serving as its custodian. As public records differ, so do the government agencies charged with creating and maintaining them. In Contra Costa County, record requesters need not state the reason for the record request or provide a form of identification before accessing a record. Thus, anyone can request a record if it is not exempt from public disclosure.

Interested persons may utilize the Contra Costa Document Center to find county documents regardless of the department serving as the records custodian. It provides the contact information of all departments, so when the record requester has determined the department with the record they seek, they make a records request. To make a records request, complete a record request form and submit it to the proper department by email, mail, or fax.

Some best practices when requesting public records include:

• Contacting the Office of the Clerk of the Board of Supervisors or the Office of Communication and Media, if necessary, to ensure that the request is to the correct department.
• Making the record requests as specific as possible to shorten the processing time or streamline search results; This may include providing specific information to facilitate the case search, such as a party name, case number, and the filing date range of the document being sought
• Providing the correct contact information in case the custodian needs to reach out.
• Indicating whether you want to inspect a record or make copies.

Requesters should note that while inspecting a record is free, copying fees may apply. Copies typically cost $0.10 (single-sided page), $0.20 (double-sided page), and $3 (data compact disc). The clerk's office may charge additional fees for certified copies.

Find Public Records For Free in Contra Costa County

Departments serving as official records custodians to public records usually allow record requesters to inspect or review records onsite at no cost, but for convenience and accessibility, individuals can find public records for free using third-party sites. Third-party websites aggregate public records from various sources and government departments into a single resource and often allow free online searches.

Aggregate sites are convenient resources as their access to records spans various counties and states within the U.S. They also require minimal search information (just first and last names) to make a record available. However, record seekers are advised to verify records from third-party resources against records from official government sources, as they may be inaccurate or incomplete. Third-party websites may also have limited access to some public records or they may be inclined to restrict access to extensive information to registered users.

How to Remove Information From Public Records Free

As different departments create and maintain different types of public records in Contra Costa County, the process of removing or redacting information from a public record varies. The general process for removing information is as follows:

• Identify the type of record and the department responsible for the record.
• Check if the record is eligible for removal. Common reasons for removal include expungement, county or state program, and errors or inaccuracies.
• Submit a request for removal explaining the reason for the request and providing supporting documents.

Some third-party websites may have an opt-out feature where individuals can request that their records be removed from these sites. As third sites aggregate public records and are not governed by the rules of public offices, individuals can also submit a request to them to remove their information from the site.

Who Can Access Contra Costa County Public Records in California?

Cal. Gov. Code § 7923.000 gives every person in the state of California the right to access public records. This includes residents and non-residents of Contra Costa County, businesses, organizations, media, journalists, and legal professionals. Although the CPRA allows access to records, some restrictions or prerequisites exist before access is obtained. Individuals should take note of the following:

• Records exempted from public disclosure or protected by privacy are restricted from access (sensitive information, personnel files, investigation records, etc.).
• If the request does not appropriately describe the record (too broad or too vague), it may be denied.
• While inspection is free, county policy allows the collection of fees for obtaining copies of public records.

Before making a request, individuals can contact the department receiving the record request form to confirm that the record is available and they are eligible to access it.

What Happens if I Am Refused a Public Records Request?

Under the California Public Records Act (CPRA), a record request may be refused if it is an exempted record, an unclear request, a request for a nonexistent record, or if the record goes against public interest. If a record request is denied, submit an appeal as follows:

• When notified of the denial, request a written explanation from the agency.
• File a formal appeal with the department justifying why access to the record should be granted and providing evidence or documentation supporting the appeal.
• Involve the California Attorney General’s Office or a local ombudsman to mediate the appeal.
• Another resort permitted by Government Code Section 6259 is filing a lawsuit in the Superior Court.