Are San Mateo County Records Public?

San Mateo County records are public as per the California Public Records Act. In 1968, the California Legislature created the California Public Information Act (CPRA), which mandates that government information be made available to the public upon request, except for privacy or public safety exclusions. Any record created by a government agency located in San Mateo while performing its functions is regarded as public records per the CPRA.

The CPRA establishes the public's right to request, inspect, and receive public records from government agencies. Records can be in physical or electronic formats. According to the CPRA, any recorded material, including audio tapes, paper, videotapes, DVDs, computer hard drives, photographs, compact discs, electronic media, etc., is also considered a record. These records include San Mateo County court records, marriage and divorce records, criminal records, property records, and birth/death information.

What is Exempted Under the California Public Records Act?

Members of the public can monitor or evaluate how their government is operating because the California Public Records Act guarantees that they can quickly view or receive accurate accounts of a public body's official operations. However, access to public records raises complaints and general concerns about invasions of privacy and public safety. Due to these concerns, some records are exempted from public disclosure. Exemptions mean anyone cannot obtain, inspect, or copy these records.

A balance test is necessary to determine if a record can be made public. Before providing documents relating to requests for public documents, the records custodian must determine if the public's desire to have the records released outweighs any privacy interests in keeping the records confidential. The documents are not subject to disclosure unless the response is positive. The test's outcome typically depends on the importance of privacy interests and public safety.

Additionally, the decision to make a record public is also determined by whether making these records public will affect the performance of the agency creating and maintaining the records. Sometimes, parts of a public document are redacted. In other situations, the complete record will not be accessible to the public or only accessible to a few designated individuals.

Some examples of exempted records in San Mateo under the CPRA include:

• Medical records.
• Personnel information of a grand jury.
• Trade secret document.
• Any record that might reveal secret law enforcement techniques.
• Records from pending criminal cases.
• Financial records are subject to the Gramm-Leach-Bliley Act (GLBA).
• Identity of police informants.
• Documents regarding pending litigation and claims.

San Mateo County Public Record Search

To perform a public records search in San Mateo County, one must be aware of the documents they need and the agency most likely to hold them. The most crucial step is undoubtedly identifying the records custodian. Most government agencies provide ways for individuals to request records in person, by mail, or online. Public documents can be ordered via phone, in person, or in writing. Additionally, a written request can be sent by mail, email, fax, or in person and made on paper or electronically.

Requestors must take note of the following when making public record requests:

• Generally, a written request may be considered better than an oral one since it documents the request's date and content and enables the agency to answer more quickly and thoroughly.
• An identifiable record or records must be reasonably described in a request for public documents. It should be clear, precise, and targeted enough for the agency to understand which document or records are being sought.
• It is unreasonable to make a request that is so vague that it amounts to requesting every file in a department.
• The local agency's duty to reply to a request for records can be triggered without using unique words.

Responses to requests for public records must be made promptly. The custodian agency must inform the requester as soon as possible, but no later than ten calendar days after receiving the request, if records will be made public. In exceptional circumstances, a local agency may extend the ten-day response period by up to 14 more calendar days.

Find Public Records For Free in San Mateo County

Individuals in San Mateo County can find public records for free by visiting the agency's physical location, which creates the particular record they are interested in. Visits must be made during office hours. Citizens can request to research records and inspect documents at no cost. For example, anyone can visit the records management room at the San Mateo County Court and ask to view and inspect court records for free. The court will allow individuals to view a few records at no cost. However, making copies of records from any government agency in San Mateo County always carries a fee.

An alternative option for individuals to find public records for free is by using third-party websites. Third-party websites are online platforms created by private companies. These platforms provide access to a database of public record documents sourced from different channels by the companies. To search these platforms, individuals must provide a keyword related to their document of interest. These keywords include names, names of institutions, or dates when the documents were created or filed. Third-party sites are convenient because they allow searches to be done remotely, and records can be downloaded electronically.

How to Remove Information From Public Records Free

Anyone seeking to remove information from public records in San Mateo can do so by applying to the records custodian. The application should provide legal proof of why the records should be removed from the public domain. According to state law, the data must be eligible for redaction, withdrawal, sealing, or deletion before they can be successfully removed. Usually, if the record has been made public accidentally or due to an oversight, the request will be honored, and the record will be redacted or entirely removed per the law. Every public record custodian in San Mateo County has a public records officer that addresses matters relating to removing public records. Individuals can make requests by contacting the public records officer.

Who Can Access San Mateo County Public Records in California?

Any citizen has access to a San Mateo County public record under Cal. Gov. Code § 7921.000. Every "person" is entitled to see and get copies of publicly available documents. To utilize the CPRA, a "person" does not have to be a California resident or a US citizen. "Persons" can be limited liability companies, partnerships, corporations, businesses, or associations. People who have filed lawsuits claims against the government or want to know what their government officials can also request records without any discrimination. Local governments and their representatives have the same rights as everyone else to view public records.

What Happens if I Am Refused a Public Records Request?

Government agencies must receive and respond positively to any requests for public records. However, these entities also reserve the right to deny and refuse specific requests. Some of the reasons why a public records request may be rejected include:

• The record request is overly burdensome, and the number of documents requested is too great for the agency to provide within a given period.
• The information provided during the public record request application is vague or insufficient and cannot be adequately used to search for the records.
• State or federal national security laws expressly exempted the requested records from public disclosure.
• The requested records are currently used pending litigation. Making these records public will jeopardize the legal proceedings.

Practically speaking, the first action after a request is rejected is to inquire about the reason for the denial. The next step is to request a review of the records request and then appeal to the record custodian. Under the law, anybody can pursue a civil action for writ of mandate, declaratory relief, or injunctive relief to enforce their right to view or obtain a copy of any public record. Any court with competent jurisdiction, usually the San Mateo superior court, can hear the matter.