Are Orange County Records Public?

Yes. Orange County records are accessible to the public under the California Public Records Act (CPRA), codified in Government Code § 7920.000 et seq. This legislation mandates that the county's governmental or public records be open to inspection by the general public, subject to specific exemptions provided by law. Per the CPRA, a "public record" is any writing related to public business created, owned, possessed, used, or maintained by any state or local agency, regardless of its physical form.

In addition to the CPRA, the Ralph M. Brown Act (Government Code § 54950 et seq.) requires local government meetings to be open to the public, thus complementing the CPRA’s purpose of promoting governmental accountability and public participation. Examples of public records include Orange County court records, vital records (birth, death, marriage), property records, crime statistics, and criminal records.

What is Exempted Under the California Public Records Act?

Although the CPRA grants broad access to public records, specific categories are exempt to protect personal privacy, public safety, and government functionality. Key exemptions include:

• Personal Records: Records containing personal data, such as government employee personnel files, medical files, and financial records, are exempted under Government Code §7927.700.to safeguard individual privacy.
• Law Enforcement and Investigatory Records: Active investigatory files, confidential informant files, and intelligence files maintained by law enforcement agencies are exempt from disclosure under Government Code § 7923.600 to prevent disruption of law enforcement operations and investigations.
• Records Concerning Pending Litigation: Records concerning litigation to which a public agency is a party are exempt from disclosure until the litigation is final. This exemption encompasses records regarding pending suits or claims and is enshrined in Government Code § 7927.200.
• Preliminary Drafts: Initial drafts, notes, and communications between and within agencies that are not retained as part of the official records may be exempted if disclosure would inhibit candid dialogue among government agencies. This exemption is mentioned in Government Code § 7927.500.
• Records Related to Public Security and Safety: Some records, including infrastructure security plans, emergency management plans, and vulnerability analyses, are excluded for security reasons under Government Code § 7929.210.

Orange County Public Records Search

To obtain public records in Orange County, individuals must first determine the type of record needed, e.g., property data, court record, vital record (birth certificate, death certificate, marriage certificate), tax record, or business license. Knowing the type of record makes it easier to identify the proper custodians.

Next, individuals can visit the agency custodian's office during regular work hours to request access or access other available channels for public records requests.

For example, property and vital records are maintained by the Clerk-Recorder Department, and these can be obtained from the department's website. Meanwhile, the Orange County Superior Court manages records of court cases, including civil, criminal, and family cases, which are also accessible online via its Case Access portal. Similarly, property tax records can be obtained from the Treasurer-Tax Collector's office, which also maintains a search tool online. Moreover, city government offices maintain records such as city council agendas, minutes, and business licenses, which are available on request.

If a record is unavailable on an agency's website, individuals can submit a formal Public Records Request to the relevant custodian via a recommended channel. Fees may apply to obtain physical copies or certified documents, and specific requests may be denied due to legal exemptions.

Find Public Records For Free in Orange County

Orange County public records can be accessed for free on government websites or in person at government offices. Additionally, third-party websites allow for free searches of public records aggregated from different sources. While these platforms are user-friendly and convenient, users should be cautious of potential inaccuracies, hidden fees, and privacy concerns. Most importantly, users are advised to cross-reference information with government agencies to ensure the reliability of any information obtained.

How to Remove Information From Public Records Free

A legal exemption allows information to be removed from public records in Orange County when it would be otherwise impossible. As a result, people can expunge their criminal or juvenile records or seek the redaction of private data, like Social Security numbers.

Data redaction or removal requests are submitted to the appropriate custodian (the office having control over or custody of the record), such as the Clerk-Recorder’s Office for property records or the Superior Court for court records. Specific information about these processes should be obtained from the relevant custodian, as they vary across the board.

Who Can Access Orange County Public Records in California?

Anyone. Cal. Gov. Code § 7921.000 allows any member of the public to see or read a public record in Orange County. The requester does not need to be a state resident, explain their intended use for a record, or provide adequate identification to obtain Orange public records. However, one may need to demonstrate their eligibility to access a nonpublic or confidential record, as such records have privileged access.

What Happens if I Am Refused a Public Records Request?

Requests for Orange County public records can be refused for several reasons. One of the most common is that the requested record falls under one of the California Public Records Act exemptions. Agencies can also refuse access when a record does not exist or will create an undue burden to produce.

When denying access to public records, agencies must provide a written statement citing the specific legal exemption or statutory basis. The denial must also be provided on time, usually 10 calendar days after a public records request.

Should the denial not be satisfactory, the requester can request further explanation from the agency custodian, although there is no formal administrative agency appeal process under the CPRA. Alternatively, parties unsatisfied with an agency's response can request a writ of mandate or injunctive or declaratory relief from the Orange County Superior Court under Cal. Gov. Code § 7923.000 - 79223.500 to compel the agency to release the records.