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Are Los Angeles County Records Public?
Yes. A host of records maintained by Los Angeles County agencies are available to the public under distinct statutes and regulations—first and foremost, the California Public Records Act ("CPRA").
The CPRA, codified in Cal. Gov. Code § 7920.000 et seq., provides that any writing relating to the public's business (i.e., any writing owned, used, or retained by a government agency in the conduct of its official business) constitutes a public record, except if a specific reason exists to maintain confidentiality. The Act defines "writing" to encompass any form of recorded information, such as audio tape, paper, videotape, DVD, computer hard drive, photograph, compact disc, electronic media, etc.
The PRA applies to all California state and local government agencies, except the courts and legislature. Judicial records such as Los Angeles county court records are presumed open to the public per case law. In contrast, legislative records are accessible under the Legislative Open Records Act (LORA) (codified in Cal Gov. Code § 9070 et seq.).
What is Exempted Under the California Public Records Act?
The California Public Records Act ensures that members of the public can promptly inspect or obtain accurate accounts of a public body's official activities, which, in turn, allows them to monitor or assess the functioning of their government. In addition, the Act aims to balance the public's right to know with the need for confidentiality or nondisclosure in the applicable scenarios. As a result, it mentions and references multiple agency records that are protected from public examination.
The CPRA's exemptions are generally discretionary and typically exist for one of two reasons:
- To protect an individual's right to privacy
- To enable the effective performance or completion of an agency process
In California, public agency records may be withheld in two ways. In some instances, the exempt portion(s) of a record will be redacted or segregated, and the remainder will be available upon request. In other cases, the entire record will be hidden from public view.
Below are examples of records exempt under the CPRA.
- Personnel, medical, or similar files
- Records pertaining to pending claims or litigation
- Records protected by attorney-client privilege
- Attorney work products
- Preliminary notes, drafts, or memoranda
- Trade secrets
- Investigative, intelligence, and security records
- Records that fall under the "Public Interest" (also called the "Catchall" or "Balancing Test") exemption of Cal. Gov. Code § 7922.000
Although general disclosure may be barred when a record is exempt, certain parties may retain access. Typically, these parties are the subjects of records or their legal representatives and government authorities for an official purpose.
Los Angeles County Public Records Search
To conduct a public records search in Los Angeles County, one must know the type of record sought and which agency will likely be its custodian. Determining the records custodian is inarguably the most critical step, as a request to the wrong department can result in a denial and further delay or frustrate the record retrieval process.
Los Angeles County's Public Records Request Contacts page is an excellent resource for determining agency custodians and their official websites. Guidelines for making public records requests are frequently outlined on agency websites or may be obtained by contacting an agency's designated service line. Additionally, the Office of Countywide Communications can direct interested individuals to the appropriate Los Angeles department, agency, committee, or commission for their requests.
Requesters should note, however, that
- The CPRA does not mandate agencies to create or prepare a record that does not exist at the time of a request.
- Each request should be "specific and focused" to enable a prompt response and the production of responsive records.
- Fees or costs may apply, especially when duplication, certification, or exemplification is required.
- The CPRA requires a public agency to respond to a public records request within 10 calendar days. "Response" here means determining if it will comply with the request and notifying the requester of its determination. Agencies can extend this period for up to 14 days in unusual circumstances, such as for voluminous requests.
Find Public Records For Free in Los Angeles County
One way to find public records for free in Los Angeles County is to seek inspection at an official custodian's office during regular office hours or by using other no-cost options provided by the respective public agency. However, individuals can also look up these records for free on third-party websites.
A third-party website is an online database maintained by an independent vendor. Such vendors are often not affiliated with government departments but compile various public records from different sources, including public agencies. Because of their vast databases, these websites are good starting points for locating public records and can facilitate searches across multiple U.S. regions, even nationwide. In addition, these databases require minimal information for a search, usually a person's first and last name.
Nonetheless, users are advised to verify any information they receive, as third-party data may be subject to inaccuracies or limitations.
How to Remove Information From Public Records Free
To remove information from a public record in Los Angeles County, the subject of the record may apply to the relevant custodian. However, the information must qualify for redaction, withdrawal, sealing, or destruction per state law. California's expungement law, for example, allows former criminal defendants to restrict their records from public view, provided they satisfy the state's eligibility criteria.
Public agencies usually have designated forms or procedures for submitting redaction or sealing requests. As such, one should confirm the precise steps with the applicable agency custodian.
Who Can Access Los Angeles County Public Records in California?
Per Cal. Gov. Code § 7921.000, any member of the public can access a Los Angeles County public record. The CPRA defines "member of the public" as any person (that is, any natural person, partnership, corporation, limited liability company, association, or firm), excluding an officer, employee, member, or agent of a federal, state, or local agency acting in an official capacity. Citizenship or residency is not a requisite to request public records from a California state or local agency.
What Happens if I Am Refused a Public Records Request?
The California Public Records Act entitles "every person" to inspect a public record in Los Angeles County, and it imposes a "duty to search" and "duty to assist in formulating request" on any state or local agency that receives a public records request.
However, a request may be denied or rejected in the following situations:
- When the requester submits an open-ended request that does not specify the exact information needed. Per California law, agencies are mandated to help the public make focused and effective requests, but they can only assist "to the extent reasonable under the circumstances".
- When the requester queries the wrong custodian
- When the requested document is expressly exempt under the CPRA or per California's balancing test exemption
An inquirer who believes their request was wrongfully denied may bring a lawsuit in the Los Angeles Superior Court under Cal. Gov. Code § 7923.000 - 79223.500 for a writ of mandate or injunctive or declaratory relief. If the individual prevails in litigation, court costs and reasonable attorney's fees will be awarded to them, and the involved public agency [defendant] will be directed to release the record.
