Are San Bernardino County Records Public?

Yes. San Bernardino County records are considered "public records". This means interested individuals have the right to examine and obtain copies of documents that fall within this classification.

Various regulations dictate access to San Bernardino records. Therefore, anyone wishing to obtain a record must make their requests according to the relevant legal framework. Nonetheless, the California Public Records Act ("CPRA") is the key statute that grants access to records maintained by state and local agencies.

Additional regulations facilitating access to governmental records include the Legislative Open Records Act (LORA) and case law. The latter governs access to judicial records, such as the San Bernardino County court records.

What is Exempted Under the California Public Records Act?

San Bernardino records are generally public; however, specific legal restrictions apply when accessing certain documents under the CPRA. In some instances, entire records may be off-limits; in others, only certain information may be restricted.

Generally, the CPRA's exemptions apply to individuals not directly involved in a matter or who have no legitimate interest in a record. Record owners, law enforcement personnel, and judiciary members may retain broader access rights.

Below are examples of CPRA exemptions.

• Personal Information: Health or medical records, social security numbers, driver's license numbers, and, in certain circumstances, contact information of witnesses or victims may not be publicly accessible.
• Specific Court Documents: Records concerning the appointment of a conservator are not available to the public. Additionally, certain family law records are restricted, including adoption files and cases involving minors.
• Law Enforcement Records: While many law enforcement documents are public, certain records or portions may only be accessible to the involved parties. For example, records of ongoing investigations, unexecuted warrants, and statements from victims or witnesses may not be released to the public.
• Trade Secrets

San Bernardino County Public Record Search

Like many U.S. counties, San Bernardino does not operate a centralized repository for public records. No single agency possesses all public records within its custody. Consequently, individuals seeking a particular public record must determine the agency tasked with maintaining the record.

The following are some types of public records in San Bernardino County, along with the corresponding custodians:

• The Office of the County Assessor-Recorder-Clerk: manages many public records, including property, historical, and vital records
• The Superior Court: maintains local court records
• The Office of the Sheriff: preserves inmate records

Each agency employs distinct procedures for requesting records. While some provide online databases for remote access, standardized forms are also available for requesting records via mail or in person.

Requesters are advised to supply detailed information about the record they seek to facilitate its location and retrieval. Such details include the names of individuals involved, the record number, the recording date, and any additional information that may aid in refining a search.

In some cases, individuals may successfully acquire a record independently, but at times, it may be necessary to seek assistance from agency staff. Parties should also be aware of the fees or costs that may apply to copy or certify public documents.

Find Public Records For Free in San Bernardino County

In addition to government institutions, several prominent third-party websites provide access to public records online. These sites operate independently but can serve as valuable resources for obtaining public documents or information from any location, provided one has an internet connection.

Several third-party sites offer free searches, particularly for limited information. However, users can usually obtain more details by paying the respective records fee.

Still, using these websites comes with a few inherent risks. For instance, information sourced from private vendors may be inaccurate or outdated. This does not mean that users should shy away from utilizing these resources; they simply need to exercise caution and verify with the appropriate department whenever possible.

How to Remove Information From Public Records Free

Records or information in San Bernardino can be removed from public access under three specific circumstances:

• Confidentiality by Law: Any record containing sensitive personal information that infringes on a person's privacy rights is generally classified as confidential. Such records are typically not accessible to the public. However, a person (usually the subject of the information) may petition for removal if such information appears in a public record. These applications are often free of charge.
• Sealing: Individuals may ask a court to seal their records, even if the records do not fall under CPRA exemptions. This process commonly applies to police and court records. Nonetheless, other records (for example, civil court records) can be sealed through the court system if the requester sufficiently demonstrates the need for confidentiality.

The California Judiicary's Clean Your Record page has the necessary procedures, fees (or fee waivers), and requirements for sealing criminal and arrest records. For petitions to seal a noncriminal record, one can check for the appropriate form on the court's website or consult an attorney.

• Expiration of Retention Period: Certain records have specified retention periods, after which they may be destroyed or deleted. In such instances, the record holder incurs no fees once the retention period has lapsed, and the process for removal is directed by statute. For example, WIC § 389(c) outlines a five-year retention period after the court orders the sealing of a juvenile record. Once this period lapses, the record is destroyed by any agency possessing the record.

Who Can Access San Bernardino County Public Records in California?

Per California's Public Records Act, everyone can access public records in San Bernardino County, provided the records are not legally classified as confidential. This provision allows organizations and private citizens to request public records from their respective custodians. While requesters are not required to state a reason for the requests, they must furnish identifiable information to assist in locating the desired record(s).

What Happens if I Am Refused a Public Records Request?

Access to public records may be denied in San Bernardino County for several reasons:

• A record is restricted by statute or court order.
• A record does not exist.
• Withholding the record better serves the public's interest.

In cases of denial, individuals are encouraged to seek clarification from the respective agency. Agencies are mandated under the CPRA to explain the basis for a denial.

Should the requester find the explanation unsatisfactory, they can escalate the matter to the San Bernardino County Superior Court to compel the record's release. Such court petitions are filed under Cal. Gov. Code §§ 7923.000 - 79223.500.