Are Kern County Records Public?

Yes. California State Laws, such as the California Public Records Act (CPRA) and the Legislative Open Records Act (LORA), establish that certain records maintained by Kern County agencies are public.

Codified in Cal. Gov. Code § 7920.000 et seq., the CPRA states that writings concerning public business generated, used, or preserved by government agencies due to their official business are considered public, except when exempt by a court rule, court order, or state/federal law. According to the act, writing includes different mediums used to store information, such as audio tape, paper, videotape, DVD, hard drive, photograph, compact disc, electronic media, and others.

On the other hand, legislative records are made public under the LORA codified in Cal Gov. Code § 9070 et seq. Meanwhile, Kern County court records are presumed public per the provisions of rules 2.400(a) and 2.550(c) of the California Rules of Court.

What is Exempted Under the California Public Records Act?

A California Public Records Act (CPRA) exemption prevents records from being readily available to the general public. These exemptions typically protect a person's constitutional rights to privacy and ensure an agency can carry out its official duties efficiently and without compromise.

Generally, a record may be completely exempt, in which case the entire record will be inaccessible to the general public. In other cases, a record may contain confidential or protected information that must be redacted before it can be released to the public. Some examples of records and information that are subject to CPRA exemptions include but are not limited to the following:

• Social security numbers
• Attorney work product and attorney-client privilege
• Certain law enforcement records
• Personnel and medical records
• Utility customer information
• Records concerning pending litigation
• Preliminary drafts

Although exempt records are inaccessible to the general public, they may still be accessible to eligible persons, such as the record’s subject and government agencies (for their official duties). Interested persons may also be able to obtain court orders granting them access to an exempt record.

Kern County Public Records Search

There is no central repository for Kern County public records; rather, different government agencies preserve specific types of public records associated with their official duties. For instance, the Kern County Sheriff’s Office and other local law enforcement agencies are primarily responsible for maintaining local arrest records and crime reports. Meanwhile, most local property records are preserved by the Kern County Assessor-Recorder. Therefore, individuals wishing to conduct a Kern County public record search must ascertain who the record’s custodian (the government agency responsible for maintaining the record) is to direct their request appropriately.

Depending on how a government agency operates, it may provide online resources record seekers can use to search and access public records they maintain. A good example is the Kern County Assessor-Recorder’s Records Database website. In other cases, an agency may provide a dedicated request form record seekers can complete and submit to make or may accept written requests. Whichever may be the case, requesters must provide sufficient information to identify the desired record.

Notwithstanding, Kern County's official website has a public record request page through which interested persons can submit requests for certain types of local public records. These include Kern County’s Fire Department records, Public Health records, Sheriff’s Office records, Local Agency Formation Commission (LAFC) records, and Sheriff’s Office records.

Find Public Records For Free in Kern County

In Kern County, interested persons can find a public record for free by visiting the government agency responsible for maintaining the record during regular working hours to inspect it. Most agencies do not charge a fee for inspecting public records in person. However, requesting copies of a record usually attracts a fee. Some agencies also provide free online resources that record seekers can use to access public records.

Besides official online resources, third-party aggregate websites that offer public record search services are another viable channel for finding Kern County public records. These aggregate websites are privately operated and connected to databases containing officially sourced public records from agencies across different states and counties, including California and Kern County. They are relatively easy to use, and the criteria typically required to conduct a search is a subject’s name or a case number. A major benefit of using a third-party aggregator website is their lack of geographical limitations. As a result, users can search for public records of different states, counties, and government agencies simultaneously through them. However, a significant downside to using these websites is that they are usually not connected to government agencies. As a result, the records they provide may contain fragmented or inaccurate information.

How to Remove Information From Public Records Free

Interested persons can have specific information removed from public records in Kern County by applying through the relevant custodian, provided the record is eligible for expungement, sealing, or redaction under specific laws. For instance, people with certain misdemeanor and felony convictions may be qualified to have their convictions removed if they satisfy the eligibility requirements of California's expungement law. Eligible persons can inquire about the record expungement process in Kern County by contacting the Kern County Public Defender's Office by email at cleanslate@kerncounty.com or call at (661) 868-4799

Who Can Access Kern County Public Records in California?

Under Cal. Gov. Code § 7921.000, "every person" has the right to access Kern County public records. Per Cal. Gov. Code § 7920.520, "every person" includes any natural person, corporation, partnership, limited liability company, firm, or association. Note that being a California citizen is not a requirement to enjoy the right to access public records the California Public Records Act (CPRA) affords.

What Happens if I Am Refused a Public Records Request?

A record’s custodian may deny a record seeker’s public record request in Kern County for different reasons, including but not limited to:

• The Requesters submitted their request to the wrong agency (not the custodian of the requested public record). For instance, if requests for public property records were directed to the Kern County Sheriff’s office instead of the County Assessor-Recorder’s office.
• The request does not include enough information to identify the sought-after public record.
• The sought-after record is exempt from being public due to a state or federal law, court order, CPRA exemption, or California's balancing test result.

If an individual has reasonable grounds to believe that a record custodian unjustly denied their request for a public record, they can file a lawsuit under Cal. Gov. Code § 7923.000 - 79223.500 with the Kern County Superior Court. The lawsuit allows requesters to seek a writ of mandate or injunctive or declaratory relief for a record release. If the requester wins the lawsuit, a court order requiring the relevant custodian to release the record will be granted.