San Bernardino County Arrest Records

There are different reasons why an individual may be arrested for a crime in San Bernardino County, including getting caught breaking the law, being the subject of an arrest warrant, violating probation or parole terms, or being in contempt of a court order. After an arrest, the suspect will be taken into custody and booked at the nearest police station or jail, and what follows—if charges are filed—is the legal process to ascertain the individual's innocence or guilt.

An arrest record is typically created during the booking process by the law enforcement agency in charge of the arrest. It contains information about the alleged offender and offense and serves as a resource for members of the public who want to determine why someone was arrested or find out their current detention location. An arrest record is also an important document that a city or district attorney's office reviews when determining what charges to file. Consequently, information from a suspect's arrest paperwork may appear in other public files, such as San Bernardino County court records and press releases.

Are Arrest Records Public in San Bernardino County?

Yes, arrests are public information in San Bernardino County. According to the California Public Records Act (PRA), members of the public possess a greater right of access to documents maintained by the government—this includes arrest records held by criminal justice agencies. However, there are several limitations regarding the public's access, as stated in the PRA. These include:

• Juvenile arrest records
• Certain victim information (Cal. Gov. Code § 7923.615)
• Criminal offender record information
• Confidential informant information
• Information that may endanger the safety of a witness or someone involved in an incident
• Information that may jeopardize an active investigation, related investigation, or law enforcement proceeding

What Do Public Arrest Records Contain?

Arrest records released publicly in San Bernardino County contain the following information, per Cal. Gov. Code § 7923.610:

• Arrestee Details: A suspect's complete name, date of birth, occupation, and physical description. Physical characteristics captured by the police include the suspect's eye and hair color, sex, weight, and height.
• Arrest Details: The time, date, and location of the arrest, as well as the factual circumstances surrounding the arrest.
• Booking Details: The booking time, date, and location where the suspect is presently being confined.
• Charges: Information about the charges the suspect is being held on, plus any outstanding warrants and probation/parole holds.
• Release Information: The bail amount and the time and manner of release.

San Bernardino County Crime Rate

The Board of State and Community Corrections (BSCC) publishes San Bernardino County crime statistics on its Open Justice Portal. As per the report, San Bernardino County had 43,357 property crimes, 12,677 violent crimes, noand 497 arson offenses in 2022.

Of the reported violent crimes, aggravated assault (9,224 incidents) and robbery (2,417 incidents) were the most common offenses. On the other hand, larceny-theft (26,572 incidents) and motor vehicle theft (8,507 incidents) were the more prevalent property crimes.

San Bernardino County Arrest Statistics

Arrest statistics released by the BSCC in 2022 reveal a total of 56,528 arrests occurring in San Bernardino County. Specifically, there were 22,822 felony arrests, 33,686 misdemeanor arrests, and 20 arrests for status offenses.

The offense category accounting for the most arrests was violent crimes, making up 8,139 (or 35.7%) of the total. This was followed by property crimes (6,019 arrests) and drug offenses (2,375 arrests).

Find San Bernardino County Arrest Records

Anyone looking for an arrest record generated in San Bernardino County can begin at the local law enforcement agency responsible for the arrest. Such agencies utilize varying methods, processing times, fees, and payment options to request information from their Record Bureaus or Divisions.

Usually, one can submit a request verbally (in person and sometimes by phone) or in writing (by mail or a web portal). Each request must contain sufficient information (names and dates) to enable the custodian to find identifiable records and determine if such records can be disclosed under the PRA. The requester must also make payment where necessary. Note that juvenile arrest records are only disclosable to parties authorized under Cal. Welfare and Institutions Code (WIC) § 827.9 or by court order. (See the California Court's publication about juvenile records access.)

Individuals looking for records relating to an individual arrested by state or federal agencies in San Bernardino County can utilize the following options:

• Check the Bureau of Prisons Inmate Locator if the person is in federal custody.
• Check the Online Detainee Locator System if the person is being detained by the U.S. Immigration and Customs Enforcement (ICE)
• Access the California Incarcerated Records and Information Search (CIRIS) if the person was arrested in San Bernardino County but sentenced to state prison.

When searching the above platforms, a name or ID number is usually required to find relevant matches. However, if the arrestee cannot be located online, the requester can contact or stop by the respective law enforcement department for the information.

Free Arrest Record Search in San Bernardino County

The San Bernardino County Sheriff's Inmate Locator facilitates free access to arrest record information in San Bernardino County. Users can search the system with a booking number or a first and last name, valid date of birth or age (approximate), and gender. Alternatively, one can perform an Out-of-Custody Search on the system by selecting the relevant date (only records within 30 days are disclosed).

Still, it should be noted that the California PRA allows the free inspection of records maintained by government agencies. Therefore, one can stop by their local law enforcement department to ask to view an arrest record at no cost. However, charges may apply to process a request, especially when the inquirer is furnished with a copy of a report.

Members of the public can also utilize a third-party aggregator website to search for arrest records from San Bernardino County at no cost. However, users may be charged a fee to view or print documents.

Get San Bernardino County Criminal Records

A criminal record encompasses a history of a person's dealings with the criminal justice system, including arrests, prosecutions, and dispositions. Often referred to as RAP sheets or summary criminal history information, these records are disseminated under Cal. Pen. Code § 13300 (for local criminal files) and Cal. Pen. Code § 11105 (for statewide criminal information).

To view a copy of a San Bernardino County criminal record, individuals can visit or mail the local sheriff's Records Division at the following addresses:

Physical Address
655 East Third Street
San Bernardino, California 92415
Phone: (909) 888-5916, ext. 7

Mailing Address
San Bernardino Sheriff's Department
Records Division
P.O. Box 569
San Bernardino, CA 92402

The Records Division releases the following records:

• Clearance Letter: This will show that the subject has no active warrants or arrest records with the county sheriff's department.
• In-Custody Letter: This lists all the arrests (bookings) a person has had in the county.
• Partial In-Custody Letter: This details only a specific arrest.

Each letter costs $37 and can be paid by money order or cash. Per Section 13300, such records are releasable only to the subject of the record (with ID) or their legal representative (with proof of representation). However, the Records Division allows bail agents to request a partial letter to prove they represented a case.

Where a subject has arrests in counties other than San Bernardino, it may be more efficient to request a statewide criminal background check from the California Department of Justice (DOJ) for $25. The subject will need to fill out a Live Scan Form and submit fingerprints to the DOJ through a Live Scan operator, who charges for the service. The DOJ provides detailed guidelines on its Request Your Own Criminal Record page for ordering personal criminal record checks.

San Bernardino County Arrest Records Vs. Criminal Records

The terms "arrest record" and "criminal record" are often used to refer to a record that shows a person's criminal history, but they have different meanings. While it is true that a criminal record will show arrest notations (including warrant information at times), it encompasses much more. A criminal record will contain a subject's convictions, sentences, and probation/parole information, thus serving as a more comprehensive overview of someone's criminal past.

An arrest record, on the other hand, is simply the record of an arrest. It may detail the facts and circumstances of a single or series of arrest incidents. However, it will not indicate if a person was prosecuted for or convicted of an offense.

How Long Do Arrests Stay on Your Record?

Arrests remain a permanent part of a person's criminal record unless sealed or expunged by the court. Until then, the records will remain accessible under the Public Records Act and other relevant statutes, and they may be seen by potential housing providers, employers, licensing boards, and other parties carrying out background checks.

Expunge San Bernardino County Arrest Records

The California legislature contains several provisions for persons wanting to seal or expunge their arrest records in San Bernardino County. One such provision is Cal. Pen. Code § 851.91, which enables defendants to seal arrests and the associated court records where no conviction occurred.

To obtain relief under Section 851.91, a defendant must meet the following qualifications:

• No charges were filed.
• The charges were dismissed in court.
• The court entered a "not guilty" verdict.

Eligible parties can request sealing by filing Form CR-409 (a Petition to Seal Arrest and Related Records) with the San Bernardino Superior Court. A copy of the petition must be served on the arresting law enforcement agency and the city or county prosecutor at least 15 days before the petition hearing date (which is set a minimum of 15 days from the filing date). Form CR-409-INFO provides more information about the process.

However, it should be noted that a petitioner may have already received automatic arrest record sealing by the DOJ under Cal. Pen. Code § 851.93. To verify automatic sealing, one can request their RAP (Record of Arrest and Prosecution) sheet from the California Department of Justice. In such cases, the individual may not need to file a petition with the court, but there may be additional benefits to it.

Other California statutes that provide sealing relief for arrest records include:

• Cal. Pen. Code § 851.8: This permits the sealing and destruction of arrest records where a person was found factually innocent, i.e., no reasonable cause exists to believe the defendant committed the offense. There is no statewide form for such petitions, but one can use the DOJ's Form BCIA 8270 to file.

An individual who was found not guilty and was factually innocent of the charge can file under Cal. Pen. Code § 851.85, whereas someone who was convicted but had the conviction set aside because they were factually innocent can file under Cal. Pen. Code § 851.86.

• Cal. Pen. Code § 851.87: Under this law, a defendant who completed a pre-filing diversion program provided by the prosecutor can file a petition in court to seal the related arrest records.
• Cal. Pen. Code § 1001.9: A defendant whose charges were dismissed after completing a diversion program can file under this section to seal their arrest record.
• Cal. Pen. Code § 851.90: A defendant whose charges were dismissed after completing a drug diversion program can file a petition to seal their arrest record.
• Cal. WIC § 781: Under California's juvenile record sealing law, individuals can petition the juvenile court to seal their arrest and court records.

Generally, one will need to file a Request to Seal Juvenile Records (Form JV-595) with the county's probation department. Form JV-595-INFO contains filing instructions. Nonetheless, the San Bernardino County Juvenile Probation Department can be reached at 175 West 5th Street, San Bernardino, CA 92415, or (909) 387-5841 for more information.

The effect of sealing an arrest record in San Bernardino County is that the arrest and court records subsequently become inaccessible to most members of the public. When asked whether such a record exists, the subject can say it does not. However, law enforcement and other criminal justice agencies can still access the record, and certain applications (e.g., to become a peace officer or run for public office) will require such disclosure.

Individuals seeking to expunge a criminal conviction (infraction, misdemeanor, or felony) in San Bernardino County can follow prompts on the California Judicial Branch's Clean Your Record page to obtain tailored guidelines. An expungement is essentially a dismissal in California; it will not remove or hide the arrest record or seal the conviction. However, a defendant can follow up with a sealing petition to the court if they qualify.

San Bernardino County Arrest Warrants

An arrest warrant in San Bernardino County is a written order issued by a magistrate or judge that commands a peace officer to arrest an individual. Under Cal. Pen. Code § 817 and the U.S. Fourth Amendment, no such issue can occur without the establishment of probable cause, referred to as the sum of facts or events that would cause a reasonable person to believe that someone is guilty of a crime. The burden of proving probable cause rests on the law enforcement officer or prosecutor requesting the warrant, which usually happens via an affidavit (sworn statement) filed during the formal criminal complaint process.

When issued, an arrest warrant permits any police officer to make the arrest at any time of the day or night. However, misdemeanor or infraction warrants must be executed between 6:00 a.m. and 10:00 p.m. unless a warrant permits nighttime service (Cal. Pen. Code § 840). The warrant will contain the following information, as per Cal. Pen. Code § 815:

• The suspect's name and alleged offense
• Time of issue
• City or county of issue
• Signature of the issuing official with title of office
• Issuing court or other agency
• Bail amount, if any

San Bernardino County Arrest Warrant Search

To find active arrest warrants in San Bernardino, a person can search court records through the San Bernardino County Superior Court website. Case or citation number searches can be conducted without a user login, but users conducting a party or business name search must register to use the portal. (Instructional guides and videos are provided on the portal for new users.) One can also contact the relevant courthouse for inquiries.

Another option is to check with local law enforcement, as they are in charge of executing arrest warrants. This method of inquiry will require a person to visit the local police station, and the requester will be asked for a photo ID.

Do San Bernardino County Arrest Warrants Expire?

No, arrest warrants do not expire in San Bernardino County. After the county court issues an arrest warrant, it remains active until executed or recalled by the court. Execution occurs by the suspect's apprehension. However, subjects can voluntarily surrender at a police station or courthouse.