Are San Diego County Records Public?

Yes. Records created, received, or retained by government agencies in San Diego County are considered public under California's Public Records Act ("CPRA") (Cal. Gov. Code §§ 7920.000 - 7931.000). Enacted in 1968, the Act preserves the public's right to monitor the activities of the government and directs all government agencies to produce documentary materials related to their assigned functions upon request.

The fundamental principle of the CPRA is to enhance the government's accountability to the public. However, not all agencies are subject to the Act. The California judiciary and legislature, as well as the federal government, are not affected by the CPRA. Instead, records of the judiciary, including San Diego county court records, are presumed public under case law, legislative records are regulated by the Legislative Open Records Act (Cal Gov. Code §§ 9070 - 9080), and federal government records are governed by the Federal Freedom of Information Act.

What is Exempted Under the California Public Records Act?

Although most California state and local government records can be seen or inspected by members of the public, particular documents or information are exempt from public access. The CPRA's exemptions exist mainly to shield sensitive or private information from the public domain and enable official government processes to occur without needless interference or delay.

The following are a few exemptions mentioned or cited in the Act:

• Proprietary information
• Investigative and intelligence data
• Personnel, medical, or similar records
• Attorney-client communications
• Attorney work products
• Preliminary drafts and memoranda
• Documents prepared in connection with pending litigation

In addition, the California Public Records Act includes a "balancing test" exemption (also known as the "catchall" or "public interest" exemption), which allows public agencies to withhold records on a case-by-case basis when the public interest in confidentiality surpasses the public interest in disclosure (see Cal. Gov. Code § 7922.000).

If an exemption applies to a public agency record, the exempt portions will be excluded, and the nonexempt parts will be made available to the public. However, if redaction or deletion is not feasible, the entire record may be accessible only to authorized parties, which typically include the record's subject or subject's attorney and governmental entities for an official function.

San Diego County Public Records Search

A County of San Diego public record search can be accomplished in the following manner:

• Ascertain the Agency Custodian: Each public agency in San Diego keeps official records that are particular to its ordinary course of business. Thus, to receive a public record, sending the request to the proper custodian is essential.

  Notwithstanding, the County of San Diego maintains an online Public Records Request Center to facilitate access to local public records (except the City of San Diego records), including when the primary agency custodian is unknown.

  For record requests in the City of San Diego, one can access the city's Open Public Records web portal as follows:

  • Go to https://www.sandiego.gov
  • Scroll midway to the Get It Done section.
  • In the first section (i.e., I Need To), select "Request" from the drop-down menu
  • In the second section (i.e., Request), select "Public Records".
  • In the third section (i.e., Request Now), select the "Request Now" tab next to "File or Review a Public Records Request". This action launches the Public Records portal.

• Submit the Request to the Custodian: A written request is not mandatory to obtain a San Diego County public record. However, it allows precise information to be transmitted between the agency custodian and requester, thereby enabling prompt retrieval of responsive documents.

  Record custodians generally require descriptive information about a record or its subject and the requester's contact information to process a request. They also require requests to be made through designated methods (email, online, in-person, mail, fax, etc.) and requesters to pay the assessed fees.

  Under the CPRA and other relevant regulations, no charges may apply to search for and inspect a public record in San Diego County. However, the inquirer may be liable for established statutory fees to certify a record or receive a photocopy.

In some cases, a direct request for a public record may not be necessary, as many agencies maintain internet databases for accessing public records. The County of San Diego Data Portals web page has several of these resources for interested members of society.

Find Public Records For Free in San Diego County

No-cost access to San Diego County public records may be available through private entities, for example, third-party aggregator websites. These sites feature extensive databases of public records gathered from government repositories and other sources. As a result, they can offer information searches across various U.S. jurisdictions, including the County of San Diego.

Public records searches on third–party databases are largely free and can be performed with a person's first and last name. Several websites also provide optional criteria (age, marital status, residential city/state, extant arrest record) for filtering the search results. However, because of inherent data accuracy limitations, users are encouraged to verify any information they obtain from a third-party site or source. Note that fees may apply to see search results on a third-party database.

How to Remove Information From Public Records Free

Information must be exempt under California law or another regulation to be removed from the public record in San Diego County. If a law requires a record to be public, the document cannot be removed, redacted, or otherwise restricted from public examination.

Individuals who believe a record should be sealed or withdrawn from public access can apply to the agency that maintains the record. Such applications are usually submitted by the record subject or their attorney and state/describe the law that grants the exemption. Public agencies often provide forms with which subjects may submit their applications.

Who Can Access San Diego County Public Records in California?

San Diego County public records are accessible to all members of the public (Section 7921.000 of the California Government Code). A "member of the public" is defined in Section 7920.515 as any person, excluding members, agents, officers, or employees of a federal, state, or local agency acting within the scope of their position.

California law does not require a requesting party to be a state resident, nor is the party mandated to explain the reason for their request or how they intend to use the record.

What Happens if I Am Refused a Public Records Request?

An individual's public records request can be refused or denied by a government agency in San Diego County for a number of reasons, including:

• The requested record does not exist at the time of the request. The California Public Records Act does not require public agencies to create a record to fulfill a public records request.
• The requested record is explicitly exempt under law or because of the public interest exemption.
• The request is non-specific. Public agencies have a duty to assist the public in making specific and focused requests that reasonably describe identifiable or responsive documents (Cal. Gov. Code §§ 7920.600). However, if a record cannot be identified after reasonable effort, the custodian may deny or reject the request.
• The inquiry was made to the wrong agency custodian.

The CPRA offers a special remedy for public record denials. Sections 7923.000 - 79223.500 allow the public to challenge an agency's decision in a superior court. As such, people whose public records requests were denied by a San Diego County agency can file for a writ of mandate or injunctive or declaratory relief in the local superior court.

In a CPRA lawsuit, the burden of proving a request was unjustly denied lies with the party who filed the suit. If the plaintiff wins the case (i.e., obtains an order directing a record's disclosure), they may be awarded reasonable attorney's fees and court expenses. The defendant (the sued agency) will only be awarded fees and costs if the plaintiff's case is determined to be "clearly frivolous".