Are Fresno County Records Public?

Yes. Under the California Public Records Act (CPRA), records created and kept by public agencies in any county in the state are public. As stated by this Act, any material (paper, audio/video recording, photograph, computer drive) used by an agency to document information related to the performance of their official public duties must be provided to interested persons for inspection or copying upon request (Cal. Gov. Code § 7920.000 et seq.). However, certain records maintained by agencies may be withheld from public access if there are reasonable grounds to justify such exemption.

The county’s public records include Fresno county court records, vital records, property records, crime statistics and records as well as other related documents.

What is Exempted Under the California Public Records Act?

The CPRA lets members of the public monitor and assess the activities of public offices and their holders. At the same time, provisions under this Act are in place to maintain a balance between the public’s right to know and an agency’s or individual’s need for privacy, as the case may be. More so, it is within a record custodian’s jurisdiction to determine that the public interest served by not disclosing a record ‘clearly outweighs’ the interest served by disclosing it (Cal. Gov. Code § 7922.000).

In addition to protecting the privacy rights of the parties named in a record of interest, these exemptions also exist to:

• Protect records whose disclosure has the potential to obstruct the effective performance of an agency’s duties, such as investigatory records whose disclosure might cause evidence to be tampered with
• Safeguard information with the potential to disrupt peace or create security threats.

Exempt records as highlighted by the California Public Records Act include:

• Trade secrets
• Mental health records
• Records with sensitive information about juveniles
• Preliminary notes or drafts
• Agency memoranda
• Investigative and security records
• Personnel files
• Communications subject to attorney-client privilege.

In California, exempt records are usually protected in one of two ways: either by redacting portions of records that contain non-public information from public copies or by sequestering entire records. The former is typically used when a presumably public record contains sensitive details like social security numbers or license numbers. Despite these exemptions, records typically remain accessible to select parties: usually record subjects, their legal representatives, or authorized government officials. Individuals denied access to records may challenge such actions at the Fresno County Superior Court if they believe that the denial is unjustified.

Fresno County Public Record Search

To perform a public record search in Fresno County, one must first determine the appropriate record custodian. It is also important to confirm a record’s availability before submitting a request. A requester may then look up the agency's website or other available resources for record request guidelines. It is also important to research what information is required for an application to ensure that the request identifies the sought-after records with reasonable certainty. Also, custodians may request a search fee.

A particular agency may be in charge of a variety of public records. For instance, the Fresno County Recorder may facilitate a public search for birth records, death records, marriage records, and property records. Search fees applicable to the recorder’s office range from $0.50 to $1.50 per page. Request methods vary with different custodians, but usually include in-person, mail-in, and online options.

Find Public Records For Free in Fresno County

Although California law allows public agencies to charge nominal fees for record requests, these offices typically offer free options. As such, the first stop when looking for a public record in Fresno County should be the agency or office in custody of the sought-after records. One may obtain records during office hours or peruse online databases provided on the agency’s website.

Third-party vendors are also an alternative. Records obtainable from these vendors are gathered from multiple sources and typically feature information from various agencies across the state. A record seeker only needs to know the specific county where the record originated and the name of the record subject, as these are the basic requirements for a search.

Note that third-party sources may contain incomplete or limited information. As such, it is advised that researchers double-check the obtained records against official sources.

How to Remove Information From Public Records Free

Public agencies in Fresno County have designated procedures and policies that govern the erasure or sealing of public information on their repository. As such, the appropriate record custodian should be approached for specific guidelines regarding the process. Generally, the removal process involves completing the relevant forms or applications and submitting them to the record custodian. More importantly, it is best to confirm that the concerned record qualifies for erasure or sealing according to state law before proceeding with the application. For instance, California’s expungement laws outline eligibility criteria for expunging criminal records.

Who Can Access Fresno County Public Records in California?

Per Cal. Gov. Code § 7921.000, public records in Fresno County are open to interested members of the public, regardless of residency or citizenship status. According to the CPRA, a "member of the public" refers to any natural person "member, limited liability company, partnership, corporation, or firm.

What Happens if I Am Refused a Public Records Request?

Under the CPRA, agencies must ensure that their public records are released to interested individuals upon request. However, if an agency denies a record request, it must notify the requester in writing. Potential reasons for a public record request denial include:

• The requested record does not exist at the time of the request
• The request was sent to the wrong agency or custodian
• The request lacked sufficient information or specifications to identify the requested records
• The requested record is exempt from access in compliance with the CPRA or other law
• A court has ordered the sealing or expungement of the affected records, as may be the case with certain court or criminal records.

Requestors generally have two options to appeal a request denial: appeal directly to the custodian or file a petition at the Fresno County Superior Court under Cal. Gov. Code § 7923.000 - 79223.500. If the court determines that the requester’s claims are true, it shall order that the record custodian refund all expenses, including attorney fees and court costs incurred by the complainant during the litigation. It shall also order that the withheld records be released to the requester. Alternatively, record seekers may subpoena the agency for the withheld public records. Although this process typically involves the courts, it serves a different purpose from the litigation process described previously. Subpoenas are mostly applicable where the requested records are relevant to a legal proceeding.