San Benito County Arrest Records

Law enforcement officers in San Benito County generally make arrests when they have probable cause to believe individuals have broken the law. These arrests typically occur during traffic stops, after criminal investigations, when law enforcement authorities respond to complaints, after warrants are issued by the county's superior court, or after prosecutors file indictments. Police officers can also take people into custody to prevent them from committing crimes.

Law enforcement agencies document the incidents surrounding anyone's arrest before confining them in the San Benito County correctional facility pending a court appearance. Some jail inmates are let go without any subsequent court process if their arrests were unnecessary or if they are found to be factually innocent.

Typically, the arresting agencies maintain the documents created during arrests. Once criminal trial proceedings are initiated, these arrest records become part of the San Benito County court records.

Arrest records are usually sought by parties looking to locate arrestees or post bail to secure other people's release. Arrest information can also be obtained by individuals who want to seal or expunge their records, as information contained therein can be used to complete petitions.

Are Arrest Records Public in San Benito County?

Yes. Under the California Public Records Act, most arrest records are public information. The Act instructs agencies funded by taxpayers to fulfill the requests of members of the public seeking public records, including arrest records.

Despite statutory mandates to release arrest records, custodians can deny public requests when the queried information is considered confidential or restricted by law. These restricted records include juvenile delinquency data, sensitive personal information like social security numbers, police investigation tactics, and sealed arrest records. In most cases, restricted records can be accessed by law enforcement agencies, courts, and subjects looking to review their arrest records.

What Do Public Arrest Records Contain?

Arrest records released by San Benito law enforcement authorities contain the following details:

• The alleged offender's name, physical description (weight, eye and hair color, and height), date of birth, and race
• Arrest date and time
• Arrest location
• Alleged offense
• Booking date and time
• Booking number
• Outstanding warrants
• Bail information
• Time and date of release

San Benito County Arrest Statistics

The Criminal Justice Statistics Center (CJSC) of the California Department of Justice publishes arrest data by county through its Open Justice Portal. The data is a compilation of reports submitted by local law enforcement agencies. According to figures released for 2023, San Benito County reported 1,350 arrests. Misdemeanors (like some traffic violations) accounted for 1,030 arrests, felonies (like drug and sex offenses) resulted in 314 arrests, and status offenses (like truancy) caused 6 arrests.

Find San Benito County Arrest Records

The local Sheriff's Office maintains most of San Benito's arrest records as the county jail administrator. Individuals can visit or contact the county's correctional facility to obtain information about inmates, determine bail conditions, and make the required payments.

Other law enforcement agencies also maintain records of their arrests. Interested parties can visit or contact these agencies for arrest information.

However, those seeking details concerning people arrested in San Benito and sentenced to state prison can use the following methods offered by the California Department of Corrections and Rehabilitation (CDCR):

• Contact the CDCR: For inmate inquiries, contact the department at (916) 445-4950 or by filling out the contact form on the CDRC's Communications webpage.
• Make a Public Records Act Request: The CDCR has a dedicated PRA request website operated by a third-party vendor. The portal (accessible from the CDCR's contact page) allows members of the public to send and track requests under the PRA. Individuals can also view the department's public records archive on the site.
• Access the California Incarcerated Records and Information Search (CIRIS): CIRIS is an online resource that allows members of the public to locate individuals in CDCR custody. Anyone can look up inmates by name or CDCR number to find their location, admission date, and other information.

If a person was arrested by a federal agency, like the Federal Bureau of Investigation or Immigration and Customs Enforcement, their arrest records cannot be obtained from local agencies. Interested parties can contact the arresting agency or the Bureau of Prisons to find the information they seek. The BOP's Federal Inmate Search tool helps people locate federal inmates, and individuals can also use the Bureau's FOIA request portal for additional inquiries.

People arrested for federal offenses relating to immigration can be located using the ICE Online Detainee Locator System (ODLS). The ODLS requires users to provide the number assigned to the detainee or their name and country of origin.

Free Arrest Record Search in San Benito County

Arrest records may be freely accessible through local law enforcement agencies via a public records request. However, requesting copies of documents usually attracts a fee.

On the other hand, individuals are not limited to using government repositories to find arrest records. Several third-party vendors offer public records services on designated websites, and they may provide certain information, such as arrest records from San Benito County, at no cost. However, it should be noted that third-party platforms are private businesses and do not have official partnerships with criminal justice agencies.

How Long Do Arrests Stay on Your Record?

Forever, in most cases. Arrest records generally remain accessible to the public unless sealed by court order. Certain defendants eligible under California law may petition a court to have their arrest records sealed or an arresting agency to destroy their arrest records. Additionally, the California Department of Justice reviews its records occasionally to restrict eligible arrest records from the public, as outlined in Cal. Pen. Code § 851.93. However, sealed records are not permanently deleted and can be accessed by courts and other criminal justice agencies.

Expunge San Benito County Arrest Records

Various provisions in the California legislature allow individuals to restrict public access to eligible arrest and criminal records. Cal. Pen. Code § 851.91 permits former defendants to seal arrest records generated during cases that did not end in convictions. The provision applies to individuals whose charges were dismissed, who were never charged after their arrests, and who have received "not guilty" verdicts.

Such persons can complete the Petition to Seal Arrest and Related Records Form (CR-409) and file it with the San Benito Superior Court. Individuals who do not wish to use the form can write their petition and submit it to the court. However, petitioners must include every detail required by law or their application may be rejected.

If charges were filed, petitioners must submit the required form to the clerk of the specific court where the case was initiated.

Individuals can visit the state courts' Record Cleaning webpage to learn how to seal a non-conviction record. The Clean Your Records page has information on how people with certain convictions can expunge their records.

San Benito County Arrest Warrants

San Benito County arrest warrants are written directives authorizing the apprehension of individuals suspected of violating a law or court order. Judges or magistrates usually issue these court documents after reviewing complaints submitted by law enforcement. These complaints must establish probable cause, i.e., reasonable arguments that show an individual may have committed a crime.

A judge can also release a bench warrant to sanction a person's arrest when they fail to honor court appointments, refuse to pay fines, or violate direct court orders, such as violating a probationary term. This document is called a bench warrant because it is issued without the submission of complaints and burden of probable cause.

San Benito arrest warrants usually contain the defendant's name or description, issue date and time, issuing county or city, signature and name of the issuing authority, and bail amount, where applicable.

One can contact the San Benito Sheriff's Office to confirm if a warrant has been issued for their arrest or for someone they know. Since the county's Superior Court issues warrants, individuals can also approach the court clerk's office for inquiries.

Do San Benito County Arrest Warrants Expire?

No. Arrest warrants remain active until law enforcement arrests the named or described individuals. However, warrants can be resolved when defendants turn themselves in or the county's Superior Court recalls the order based on a suspect's innocence.