Are San Joaquin County Records Public?

Yes. The California Public Records Act (CPRA) gives anyone access to public records maintained by agencies in San Joaquin unless they are legally exempt from disclosure. According to CA Govt Code § 7920.530, public records means any writing that includes information created, owned, used, or maintained by a local or state agency during business operations. The writing can be typewriting, handwriting, photographing, printing, photocopying, or photostating, transmitted by any means like email or fax upon any form of communication like sounds, letters, symbols, words, or pictures (CA Govt Code § 7920.545).

The California Public Records Act (CPRA) covers most local and state agencies, excluding the Legislature and the judicial branch. The Legislative Open Records Act covers the Legislature, while the California Rule of Court covers San Joaquin County court records.

What is Exempted Under the California Public Records Act?

The California Public Records Act (CPRA) guarantees access to public agencies’ records unless they are exempted from disclosure. However, if a record contains public and non-public information, the agency is required to produce such records after redacting the exempt information. Examples of records that are unavailable to members of the public in San Joaquin County are:

• Juvenile records
• Adoption records
• Elder abuse records
• Taxpayer information
• Plant production data
• Geological and geophysical data.
• Medical health detention information
• Identifying information about voters
• Records pertaining to firearm licenses
• Architectural and official building plans
• Preliminary drafts, notes, or memoranda of public agencies
• Attorney-client communications and attorney work product
• Investigatory or security files of law enforcement agencies
• Records maintained by the State Compensation Insurance Fund
• Library circulation records kept to identify individuals who borrow items in libraries.
• Personal files or information of peace officers, confidential informants, and agency employees
• Records relating to pending litigation where the public agency is a party until the litigation is finally adjudicated.
• Any correspondence involving the Governor or their employees or in the custody of the Governor’s Legal Affairs Secretary.
• The Joint Commission on Accreditation of Hospitals' final accreditation reports transmitted to the California Department of Public Health (CDPH).
• Examination data, including scoring keys and test questions used to administer licensing, employment, or academic examinations.
• Audio and video recordings created during the commission or investigation of crimes relating to incest, domestic violence, rape, child abuse, and sexual assault.
• Real estate appraisals, engineering reports, feasibility estimates, and evaluations conducted by an agency in relation to property acquisition, until the property has been acquired or all terms of the contract agreement have been finalized.

Typically, public agencies release exempted records to only a few persons in San Joaquin County. Subjects of records, their legal representatives, crime victims, and authorized government officials can access exempted records.

San Joaquin County Public Record Search

Searching for public records in San Joaquin County is straightforward when a person understands the process. Interested individuals can follow the steps outlined below:

• Identify the type of record and relevant agency: Requesters must determine the specific record they are interested in inspecting or copying. They can go online to find the agency in charge of their desired records. Reaching out to the appropriate agency that holds the records can help expedite the search process.
• Submit a public records request: Many agencies have online portals or online request forms that individuals can use to submit public record requests. Other methods of submitting requests are by email, mail, fax, or in person. Agencies must process public record requests within 10 days, but an extension may be requested.
• Pay fees: An agency may not charge fees for inspecting a public record, but copies of records attract a fee that covers the direct cost of duplication. Records seekers may request a fee waiver to copy public records.

To facilitate the search process, requesters should provide clear, concise, and specific descriptions of the requested records and their dates. Additionally, individuals should verify that the desired record is not subject to an exemption to avoid potential denial.

Find Public Records For Free in San Joaquin County

Individuals can find public records, such as court, arrest, vital, property, and inmate information, for free through various public agencies’ online portals or websites. For example, the San Joaquin County Sheriff’s Custody Division has an inmate portal where members of the public can locate inmate information for free. The San Joaquin County Superior Court also provides public access to court records through its online portals.

Interested persons can access public records using third-party platforms for free. However, such information will be limited because comprehensive searches usually require a fee. Users of third-party sites usually access information across multiple jurisdictions but find them sometimes unreliable.

How to Remove Information From Public Records Free

Agencies in San Joaquin County have varying procedures for residents seeking to remove their information from public records. Individuals interested in this process should visit the respective agency's website and follow the specified removal guidelines. Most agencies have designated forms on their websites that requesters can complete to have their records unavailable to the public. Note that specific eligibility criteria must be met to qualify for destroying, sealing, or expunging one’s public records. For example, eligible individuals can have their criminal information removed from public records by filing the appropriate expungement forms with the San Joaquin County Superior Court.

Who Can Access San Joaquin County Public Records in California?

According to CA Govt Code § 7922.525, every person has the right to examine and copy public records in San Joaquin County. A "person" does not need to be a California resident or a United States citizen to use the CPRA. A person in this context means a natural person, partnership, corporation, firm, limited liability company, or association as defined in CA Govt Code § 7920.520. Any local or state agencies and their employees can request public records on the same basis as any other person.

What Happens if I Am Refused a Public Records Request?

A public agency may withhold a record from disclosure if it is deemed confidential under the California Public Records Act (CPRA). Any decision to withhold must be supported by a justifiable reason in accordance with CA Govt Code § 7922.000. When a request is denied, in whole or in part, the agency is required to provide a written response to the requester, as stipulated by CA Govt Code § 7922.540. If the requester believes that the denial violates their right to access public records, they may file a lawsuit against the agency seeking injunctive or declaratory relief or a writ of mandate (CA Govt Code § 7923.000 - 7923.500). If the requester prevails in the litigation, the judge will award them court costs and reasonable attorney fees payable by the public agency.