Are San Francisco County Records Public?

Yes. Specific state laws, such as the California Public Records Act (CPRA) and the Legislative Open Records Act (LORA), grant individuals the right to access different records preserved by San Francisco County agencies. The CPRA, codified in Cal. Gov. Code § 7920.000 et seq states that everyone has the right to access information concerning the conduct of public business unless otherwise prohibited by law. Meanwhile, the LORA codified in Cal Gov. Code § 9070 et seq establishes that most legislative records are accessible to the general public.

San Francisco County courts are neither subject to the CPRA nor the LORA. However, San Francisco County court records are presumed public pursuant to the provisions of rules 2.400(a) and 2.550(c) of the California Rules of Court.

What is Exempted Under the California Public Records Act?

Exemptions are statutory provisions of the California Public Records Act (CPRA) and other relevant laws that restrict or limit the general public access to certain types of records or information. These exemptions typically protect an individual’s right to personal privacy and ensure that sensitive government processes are not prematurely disclosed to the public, resulting in compromises.

Generally, a record may be subject to a complete exemption, where public access to the entire record is restricted. In other cases, specific sections or information in a record may be exempt. In these cases, the exempt section or information will be redacted, and other parts of the record will be made public. Some common types of records and information that are exempted under the California Public Records Act include but are not limited to:

• Social security numbers
• Law enforcement investigatory files
• Preliminary drafts
• Attorney-client privileged communications
• Attorney work product
• Record related to certain pending litigation
• Personnel and medical files
• Trade secrets
• Records are subject to a Balancing Test or "Catchall" exemption per Cal. Gov. Code § 7922.000.

San Francisco County Public Record Search

San Francisco County does not have a central repository that record seekers can query to conduct a public record search. Hence, individuals who wish to perform a San Francisco County public record search must ascertain the local government agency responsible for maintaining the desired record and direct their queries to them.

Although the way San Francisco County government agencies operate may differ, most agencies allow interested persons to inspect public records they maintain in person at their office’s physical address. Some agencies also provide resources that allow record seekers to request or search and access public records in their custody online. Some examples include the San Francisco Assessor-Recorder Public Index Search portal and the San Francisco Police Department Public Record Request portal.

Generally, to facilitate requests or online searches for public records through a local government agency and its resources, record seekers must provide details about the sought-after record. These details may include the names of the record’s party, the record filing or creation date (or estimated date), the type of record, and any other personally identifiable information about the record. These details ensure that the desired record will be accurately and efficiently identified.

Find Public Records For Free in San Francisco County

A foolproof way to find public records for free in San Francisco County is to visit a local government agency in person. These agencies typically do not charge record seekers a fee for inspecting public records at their physical address during working hours. However, requesters are usually charged a fee for copies of a record they request. Local government agencies in San Francisco County may also provide online resources that allow interested persons to access public records for free. A good example is the San Francisco Assessor-Recorder Public Index Search portal.

Alternatively, record seekers can rely on certain third-party websites that provide public record search services to access records online. These websites feature user-friendly interfaces and are typically easy to use, as the only criteria required to conduct a search is a subject’s name or a case number. Searches conducted through these websites are comprehensive, as results are not limited to specific types of public records. Results usually include several types of public records that different government agencies in San Franciso County and other counties and states maintain, which helps streamline search processes. However, these websites are not perfect. The records they provide may be incomplete or contain inaccurate information due to recent updates made to the records.

How to Remove Information From Public Records Free

In San Francisco, individuals can request the removal of specific information from public records by applying through the relevant agency(ies), provided the information is eligible under state laws. For instance, California's expungement law permits the removal of records and information from public records if they satisfy the state's eligibility criteria.

Individuals with eligible records can contact relevant agencies to inquire about the procedures for requesting record expungement, sealing, or redaction.

Who Can Access San Francisco County Public Records in California?

Cal. Gov. Code § 7921.000 states that "every person" has the right to access public records in California, including San Francisco County. The term "every person" includes any natural person, corporation, partnership, limited liability company, firm, or association, according to Cal. Gov. Code § 7920.520. Generally, the California Public Records Act (CPRA) has no citizenship or residency requirement for accessing public records maintained by local government agencies.

What Happens if I Am Refused a Public Records Request?

Several reasons can warrant the denial of public records requests in San Francisco County by relevant government agencies. These include but are not limited to the following:

• The request is too vague. In other words, it did not contain sufficient information for the record custodian to identify the desired record.
• The request was directed to the wrong agency (i.e., the agency that received the request is not the custodian of the record)
• The requested record is confidential due to a CPRA exemption or California's balancing test results.

Suppose an individual has cause to believe that the reason provided by an agency for denying their public record request is not compliant with state law. In that case, they can file a lawsuit for a writ of mandate or injunctive or declaratory relief per Cal. Gov. Code § 7923.000 - 79223.500. The lawsuit should be filed with the San Francisco County Superior Court. If the requester wins the lawsuit, the defendant (the public agency) will be directed by the court to release the record to them.