Are Sacramento County Records Public?

Yes. Sacramento County records that meet the CPRA’s definition of a public record are accessible to any requesting party. The California Public Records Act (CPRA), codified in Cal. Gov't Code §§ 7920.000 - 7931.000, states that all materials used to record the official affairs of state and local agencies are presumed open to the public unless exempted by law. State and local agencies are government offices, departments, and corporations at the state, county, city, and municipal levels funded by taxpayers' money.

However, separate laws govern court and legislative records. Case law and the California Rules of Court establish access to judicial records. Under these regulations, court records, including Sacramento County court records, are presumed open to the public unless otherwise stated. The Legislative Open Records Act provides access to documents created by the state's legislature.

Laws governing access to Sacramento County records outline which records are public, how individuals and organizations may submit requests, and the fees required to obtain plain or certified copies.

What is Exempted Under the California Public Records Act?

The CPRA and California court rules do not grant access to every record generated by state, local, and judicial agencies. Certain records are restricted to protect sensitive information from public disclosure. Other laws, such as California's Evidence, Health and Safety, Labor, and Civil codes, also prevent the disclosure of specific records in the custody of courts and public officials.

In cases where exempt information is nested in a public record, custodians are allowed to redact the exempt parts if feasible. Otherwise, the entire record may be withdrawn from public viewing.

The following are examples of confidential or restricted records in California:

• Juvenile arrest and criminal records
• Adoption records
• Child abuse and neglect records
• Medical and mental health records
• Certain law enforcement records (e.g., ongoing investigations)
• Domestic violence protective orders
• Certain victim and witness information in criminal cases
• Confidential address records (Safe at Home program participants)
• Personnel, medical, and contact details of public employees when disclosure would violate privacy
• Trade secrets and proprietary business information
• Attorney-client privileged communications
• Certain records related to minors (e.g., school records)
• Sealed court records

Protected records can usually be accessed by authorized entities, such as law enforcement agents that require the records to pursue criminal investigations or prosecution, involved parties (including their representatives), and entities with court orders permitting access to specific files and documents. These entities must demonstrate their eligibility and reasons for accessing protected records.

Sacramento County Public Records Search

The first step in finding Sacramento public records is determining the custodian responsible for dispensing the files and data one seeks. The type of record can help individuals answer this crucial question. For example, property records are maintained by the County Clerk/Recorder, while inmate information is managed by the Sheriff's Office. City departments, such as police departments, can also provide records to the public.

Record custodians generally outline available request options and the required fees for copying or certification on their websites. Available search methods often include online databases, mail-in requests, in-person visits, and telephone inquiries.

The most suitable request option depends on one's intended usage. For example, if an individual needs a court record as proof for another legal matter, they must obtain a certified copy. That means ordering certified copies of court documents at the Sacramento Superior Court courthouse or by mail.

On the other hand, one can use online web search portals or telephone options if they only want to view or confirm specific information. Examples include calling the Sheriff's Warrant Unit at (916) 874-5383 to verify if an arrest warrant has been issued for an individual and visiting the Sheriff's Inmate Information website to confirm whether a person is in jail.

After deciding which search method to use, the requester should ideally gather specific details about a sought-after record and assess processing fees. Agencies recommend providing as much information as possible to facilitate the search process. In cases where identity verification is required to obtain a record, the requester must provide an accepted means of identification.

Find Public Records For Free in Sacramento County

Individuals who want to find multiple public records by name can access online platforms provided by public record aggregators. These search platforms are operated by private businesses that aggregate records from various agencies in Sacramento and beyond. In many cases, name searches are free on these third-party sites. However, fees may be assessed for complete records or additional services.

Since third-party sites are not affiliated with government bodies, it is advisable to authenticate records obtained from these sources through official custodians.

How to Remove Information From Public Records Free

To ask a Sacramento County agency to remove certain records from public systems, the requester must demonstrate that a law or court rule permits the removal of such records.

For example, Cal. Pen. Code § 851.91 permits the sealing of arrest and criminal information, but only if the subject of the record or the record itself meets the state's eligibility requirements—charges were never filed and will not be filed; charges were filed, but the case was dismissed or ended in an acquittal, or a conviction occurred but was vacated on appeal.

Also, during litigation, individuals can submit motions asking presiding courts to temporarily seal access to filed documents or information if they believe disclosure may cause significant harm.

Generally, members of the public can contact public agencies for instructions on removing records in their custody.

Who Can Access Sacramento County Public Records in California?

Public records in Sacramento County are presumed open to every member of the public unless an exemption or restriction prevents disclosure. Where information is protected against disclosure, requesters must prove their eligibility under the law. Police officers and other criminal justice agents must also provide reasonable grounds to view sealed or confidential records. For example, anyone seeking to obtain authorized copies of death certificates must prove they can request such documents under Section 103526(c) of the Health and Safety Code.

What Happens if I Am Refused a Public Records Request?

Public records custodians reserve the right to reject public records requests in part or whole when:

• People ask to see protected records
• The requested information does not exist
• Requesters fail to provide the sufficient details and fees required to access records
• A court order or law prevents access to a document

Typically, the reason for the denial is communicated to the requester within 10 days after the agency receives the request.

However, individuals can appeal the custodian’s decision if they believe the denial was unlawful. Cal. Gov't Code § 7923.000 recommends initiating a legal proceeding in the Sacramento County Superior Court for declaratory relief, writ of mandate, or injunctive relief.

Once the court action commences, a judge will review the petition to determine whether the petitioner's claim is valid. If the court determines that a denial was wrongful, it will command the public agency to release the requested information. The agency may also be instructed to cover the petitioner’s court and attorney fees. However, the CPRA allows case parties to appeal the court's decision within 20 days, starting from the day they were served with the notice of the ruling.