Are Criminal Records in Santa Clara County Publicly Accessible?

Santa Clara County criminal records are generally publicly accessible. These records are available to the public due to regulations in the California Public Records Act (CPRA), which governs public access to public records and regulates the restrictions and exemptions to public records in Santa Clara County.

Such exemptions include juvenile records, details of ongoing investigations, medical records relating to mental health or other conditions, and confidential information, which are provided to protect individual security, privacy, and public safety. Records restricted from public access also include sealed or expunged records, which are removed or redacted by exemption laws or a court order.

Criminal records may include court records detailing the trial and sentencing, arrest records detailing law enforcement custody and information, and jail records detailing rehabilitation information. Access to criminal records may be denied where the request is not compliant with the California Public Records Act, the records are exempted from public access, or the agency withholds the records to protect ongoing investigations.

Who is Eligible to Access Santa Clara County Criminal Records?

This categories of individuals may access and obtain Santa Clara County criminal records:

• Employers may have limited access to job-related details and arrests without convictions, subject to the individual’s written consent.
• Attorneys may have broad access to criminal records for client representation. The court or client may need to authorize access to certain parts of the records, while access to ongoing investigation details may be restricted.
• Law enforcement agencies have broad access to criminal records for official purposes, but they may require identification and the purpose of the request. They may also have restricted access to confidential victim details.
• The general public may access most public criminal records but may require payment of fees and a written request. Access to victim details, juvenile records, and other sensitive details may not be public.

How to Request Criminal Records in Santa Clara County

Santa Clara County residents may follow these steps to access and obtain criminal records from government agencies:

• Determine your records needs, which will help you understand which agency to approach with a request. For example, arrest records may be obtained from the Santa Clara County Sheriff’s Office Records Division, while court records are available through the Santa Clara Superior Court.
• Get all required documents and details such as full name and aliases, date of birth, case number, date, and type of offense.
• Select a method of request, whether in person or online, through the Santa Clara Sheriff’s Request Public Records or the Superior Court’s Criminal Case Records websites, or by mail.
• Complete the request form, physically or online, and submit it through the relevant mode based on your request method.
• Verify your identity if required by the records registrant using a government ID.
• Pay the required fees or apply for a waiver through the records registrant.
• Wait for the processing time and receive the records when they are retrieved.

In-person requests may be submitted at these addresses:

Santa Clara County Superior Court
190 West Hedding Street
San Jose, California 95110

Santa Clara County Sheriff’s Office
70 West Hedding Street
San Jose, California 95110

Alternatively, record seekers may be able to obtain records using third-party search platforms like Californiacourtrecords.us, which offer online repositories for accessing criminal records in Hillsborough County. However, such sites are unregulated and should not serve as reliable options for finding criminal records.

What Information Is Contained in Santa Clara County Criminal Records?

Santa Clara County criminal records have details of the individual, the victims, the charges, court processes, and incarceration. Criminal records span from the arrest to the rehabilitation of the individual according to court sentencing. The key information in Santa Clara County arrest records includes personal details like address, date of birth, full name, arrest details like the date, charges, arresting officer or agency, and court details like the case number, verdict, sentence, plea entered, court dates, and the parole/probation details such as supervision dates, violations, if any, and probation or parole conditions.

The California Public Records Act also provides for information that must not be contained in public criminal records, which include sealed or expunged records, juvenile records, medical records, details of ongoing investigations, and victim information.

Are There Restrictions on Accessing Santa Clara County Criminal Records?

Santa Clara Criminal records are generally publicly accessible without restrictions or exemptions. However, the California Public Records Act provides for circumstances where records may be restricted from public access, such as sealing or expunging them.

Requesters in Santa Clara are restricted from accessing sealed or expunged records, juvenile records, personnel records of peace officers, information from ongoing investigations, and confidential victim details. These restrictions are provided to protect public order, individual safety, and privacy. Thus, certain government agencies will have access to these restricted records for official purposes. These agencies or agents include:

• Courts
• Law enforcement agencies
• Authorized personnel such as child protective services
• Parole and Probation Officers

What Happens if My Request for Santa Clara County Criminal Records is Denied?

Criminal records are generally public in Santa Clara County and are subject to exemptions. Requests may also be denied by the agency for various reasons, such as inadequate records requests, exempted, sealed, or expunged records, and the agency not being in possession of the records. The first step is to determine the reason for the denial and review the explanation or letter. Proceed to appeal the denial through the California Public Records Act provisions or the Agency’s guidelines. Gather the relevant information and documents for the appeal before submitting it.

Record seekers may contact the agency at:

Santa Clara Couty Sheriff’s Office Records Division
70 West Hedding Street
San Jose, California 95110
(408) 808-4500

Santa Clara County Superior Court Clerk’s Office
190 West Hedding Street
San Jose, California 95110
(408) 882-2000

How to Expunge or Seal Santa Clara County Criminal Records

Expungement of records refers to the removal of some information from an individual’s criminal records while sealing of records involves redaction of some information. These processes are available to individuals who meet the requirements for eligibility, which include the following:

• Completion of the sentence, including parole and probation
• The type of offense must be eligible for expungement or sealing, such as misdemeanors
• The waiting period stipulated has passed

Sealing of records generally has more eligibility than expungement as it covers more misdemeanors and non-violent felonies. The process for expungement begins with determining if you are eligible, after which you gather all documents to support the expungement application. File a Petition at the Santa Clara County Superior Court with the proposed order of expungement, an affidavit stating your eligibility, and a certificate of eligibility. Serve a copy of the documents at the Santa Clara District Attorney’s Office, attend the trial, if any, and obtain the court order for service on the relevant agencies after the hearing.