Are Criminal Records in Kern County Publicly Accessible?

Kern County criminal records are mostly accessible to the general public. Under the California Public Records Act, public members can inspect and get copies of criminal records from designated entities. These entities are government agencies that have the responsibility to generate or maintain criminal records. To access criminal records, public members are generally required to provide information about the record.

Some criminal records are redacted or outrightly restricted from public access. Such records typically contain information that is deemed to not be in the public interest. Examples of non-public criminal records in Kern County include the following:

• Identities of informants in a criminal investigation.
• Investigatory files compiled by a local or state law enforcement agency
• Medical-related files concerning concerned parties.

Who is Eligible to Access Kern County Criminal Records in California?

All persons or entities in Kern County, California, are generally eligible to access criminal records. Publicly accessible criminal information may cover arrests, court convictions, and sentencing. However, certain criminal information is redacted or restricted from the general public. Only the following parties are eligible to access restricted criminal records:

• The record subject
• Record subject’s legal representatives
• Crime victims and their legal representatives.
• Persons who suffered bodily harm or property damage or loss.
• Insurance carrier against whom a claim is likely to be made.
• Criminal justice entities, including the county sheriff’s office and other law enforcement entities.
• Trial or appeal courts
• Employers and licensing agencies.

To access restricted criminal records, legally eligible parties must provide proof of identity documents to the record custodian agency.

How to Request Criminal Records in Kern County

Interested parties can request a Kern County criminal record by following these steps:

Step 1: Find the agency in charge of disclosing the record

The California Department of Justice offers access to statewide criminal information. The agency only discloses criminal records to the record subject, law enforcement entities, and authorized applicant agencies. In contrast, the Kern County Superior Court provides information on criminal case records.

Step 2: Select a preferred way of accessing the record

The DOJ only offers fingerprint-based checks for criminal records. However, the superior court may feature online and walk-in requests for records in their custody.

Step 3: Order Kern County criminal records through the preferred request option

To access criminal records from the superior court, applicants must fill out the court’s online request form. The court will then review the completed request and forward the requested documents to the applicant’s mail address.

For fingerprint-based requests to the DOJ, applicants must complete a Record Review Live Scan form and get fingerprinted at the nearest livescan center. The county sheriff’s licensing unit also offers fingerprinting services between 8 a.m. and 12 p.m. on Mondays and Wednesdays. However, it attends to requests from 12 p.m. to 4 p.m. on Tuesdays and Wednesdays. Applicants must schedule an appointment before visiting the licensing unit at:

1350 Norris Road
Bakersfield, CA 93308
Phone: (800) 861-3110

Step 4: Pay the required fees

The licensing unit and other livescan centers charge a $25 state fee and a rolling fee between $10 and $25 for fingerprint requests.

Alternatively, Kern County criminal records are obtainable through third-party online search platforms like Californiacourtrecords.us. These sites typically feature user-friendly interfaces and a host of other features that help users to easily locate records. For instance, some sites may allow users to download criminal records. Despite the perks of using third-party platforms, they are not regulated and may not offer accurate information.

What Information Is Contained in Kern County Criminal Records?

Kern County criminal records typically provide information on the following:

• The record subject’s personal information, including names, aliases, birth date, and physical features
• Arrest information
• Name and classification of the criminal offense
• Sentencing information, including the state ID, prison/probation agency, and parole or prison release date.
• Court information like the court name, case number, and disposition date.

However, publicly accessible criminal records may not include sensitive information like juvenile crime data and information on crime victims.

Are There Restrictions on Accessing Criminal Records in Kern County?

Yes, California state laws restrict public access to specific criminal records in Kern County. The restricted information is either redacted or completely sealed to prevent intrusion into the lives of concerned parties. For instance, juvenile criminal information, if disclosed, may lead to discrimination in employment or admission into higher educational institutions.

However, certain individuals or entities may still have access to Kern County criminal records. For instance, public entities may disclose the current address of crime victims to entities for journalistic or research purposes. The record recipient must make an oath under penalty of perjury that the record will be utilized for the purpose for which it was received.

What Happens if My Request for Criminal Records is Denied in Kern County?

If a public agency denies your request for criminal records, you may file a writ of mandate or institute a proceeding of injunctive or declarative relief with a court of competent jurisdiction. The court will review the case after examining the requested record in camera. Next, the court will decide whether to approve the document release or withhold it. If the petitioner’s request is approved, the court will award all incurred costs, including attorney fees, to the requester.

How to Expunge or Seal Kern County Criminal Records

Eligible offenders can expunge or seal criminal records by taking these steps:

1. Complete a petition to expunge arrest and related records in English, Spanish, Chinese, and Korean.
2. File the petition with the county superior court at:

Delano
1122 Jefferson Street
Delano, CA 93215
Phone: (661) 610-7300

Lamont
12022 Main Street
Lamont, CA 93241
Phone: (661) 610-7100

Metropolitan Division
1415 Truxtun Avenue
Bakersfield, CA 93301
Phone: (661) 610-6000

Metropolitan Division Justice Building
1215 Truxtun Avenue
Bakersfield, CA 93301
Phone: (661) 610-6000

Mojave
1773 State Highway 58 Business
Mojave, CA 93501
Phone: (661) 610-7400

Ridgecrest
132 East Coso Avenue
Ridgecrest, CA 93555
Phone: (661) 610-7450

1. Next, the court will review the petition and make a decision after considering factors like the petitioner’s moral conduct and conviction record.
2. If the petition is granted, the court will issue an order to expunge the agencies holding the record.

Under the Penal Code § 1203.4, offenders are eligible to expunge criminal records if:

• They are not currently being prosecuted for an offense in any jurisdiction.
• They were convicted of a felony or misdemeanor and were granted probation.
• They were sentenced to a local prison
• They are not currently serving time for a criminal conviction.
• They did not commit new crimes while on probation.
• They were not convicted of sex-related crimes against minors.

The waiting period for expunging criminal records may differ, depending on the crime. For example, you must wait one year post-conviction to expunge or seal a misdemeanor crime.