Are Santa Clara County Records Public?

Yes. The California Public Records Act (or "CPRA") (Cal. Gov. Code §§ 7920.000 - 7931.000), the primary law governing access to records of state and local government agencies, provides access to documents created and maintained in Santa Clara County. Public agencies, as defined in Cal. Gov. Code §§ 7920.510 and 7920.540, are institutions, offices, and boards financed by local and state funds. The CPRA outlines how these public records may be accessed, the fees required to reproduce records, and when agencies may reject access requests.

However, the CPRA does not affect the state's legislature and judiciary. Instead, case law and the California Rules of Court regulate access to court documents, writings, and materials generated and maintained by courts, including the Santa Clara County court records. Meanwhile, Cal. Gov. Code § 9070 - 9080 (California Legislative Open Records Act) governs access to documents produced by the state's legislature. While these records are CPRA outliers, they are still considered open to the public by the rules and statutes that regulate them. They include Santa Clara County court records, property records, criminal records, and vital records.

What is Exempted Under the California Public Records Act?

The CPRA was enacted to codify the public's right to access government records, but the legislature understands the need for personal privacy and public safety. As a result, sensitive records are exempted from the general rule of public access. The Act attempts to balance the public’s liberty to view and inspect government affairs with the need to protect everyone's right to privacy and safeguard specific administrative processes from undue disruptions.

Public agencies in Santa Clara responsible for maintaining public records can deny requests for access if the requested records are protected. However, in some cases, portions of documents containing restricted records can be redacted if the rest are considered public information.

The following are examples of records not required to be disclosed under the CPRA, case law, and other federal or state statutes:

• Records of complaints, intelligence information, investigations, and security procedures collected or produced by criminal justice agencies, such as local police agencies and the office of the Attorney General
• Medical and mental health documents
• Juvenile case records
• Telephone numbers and home addresses of prosecutors, police officers, judges, magistrates, and court commissioners
• Trade secrets
• Sensitive personal details like social security numbers, financial records, and driver's license information
• Family court records pertaining to child support, child visitation, adoption, and domestic violence cases
• Identities of victims of certain crimes, such as sexual assault
• Sealed or expunged case records

Notwithstanding, certain records may be accessible to specific parties. For example, records subjects and their representatives can obtain sealed criminal histories. Law enforcement agencies are also allowed access to certain privileged information when conducting criminal justice activities.

Santa Clara County Public Record Search

To obtain Santa Clara public records, a person should ideally determine the specific type of record they seek. This information allows them to verify the availability of such records, identify the relevant custodian, and ascertain the best access method. For example, the Sheriff's Office online inmate search portal is the most convenient way to confirm whether a person is in the local jail. On the other hand, people looking for information about warrants may visit the Sheriff's Records Division.

Generally, researchers can visit the website of the records custodian to find crucial details about the procedures for finding and accessing public documents, as each agency offers different methods. One can also see the cost of reproducing publicly available records and other services, such as name searches. For example, obtaining copies of court documents from the local clerk's office costs 50 cents per page, but certification costs $40 per document. A search fee (to be communicated by the clerk's office) will apply if an individual cannot provide at least one case party's name or the case number for requested documents.

Find Public Records For Free in Santa Clara County

Government agency websites are not the only resources for viewing Santa Clara public records. Individuals can also access independent websites for free to look up inmate information, arrest details, court case dockets, and other public records. The advantage of using these third-party websites is centralized access to multiple agency records. That is, users can access different types of records from one search bar instead of visiting multiple websites.

However, third-party sites are not the official records custodians and do not represent public agencies in any official capacity. As a result, users are always advised to verify information retrieved from third-party vendors.

How to Remove Information From Public Records Free

Removing information from public systems involves using the relevant procedures prescribed by law. To inquire about the removal process, one can contact the agency responsible for maintaining the record. Interested parties must note that only records that statutorily qualify for removal can be withdrawn from an agency’s public database.

In some cases, individuals do not need to apply to have their records removed if those records are no longer considered public information. For example, records mentioned under Cal. Pen. Code § 851.93 are regularly sealed by the DOJ without their subjects' requests or applications.

However, California law also permits eligible record subjects (people younger than 18, former arrestees who were never convicted, individuals with certain minor convictions, etc.) to submit requests for criminal record expungement or sealing to the Santa Clara Superior Court. The process involves filling out and submitting the required forms to the court. One may also have to serve a copy of the petition to an arresting agency.

Members of the public can also submit motions in court to temporarily or permanently seal specific records that they believe do not serve the public's interest or may cause personal harm when released.

Who Can Access Santa Clara County Public Records in California?

The CPRA provides that any member of the public can obtain records created and maintained by state and local agencies. According to section 7920.515 of the law, the term "member of the public" refers to any person (natural person, limited liability company, corporation, partnership, association, and firm) that is not acting in an official capacity as a local, state, or federal agency employee, agent, or officer.

However, only people explicitly permitted by law have access to confidential records. For example, only case parties, their representatives, and entities authorized by court order can access sealed court records. Entities seeking access to confidential records must typically provide proof of identity or legal documents that assert their eligibility.

What Happens if I Am Refused a Public Records Request?

Santa Clara County agencies can deny a person's request for public records for the following reasons:

• The request was made for a non-existent record.
• The agency determines that withholding the information is in the public's interest.
• The requested record is restricted under state law or by court order, and the requester does not meet the eligibility requirements for access.
• The requester cannot provide the details needed to find or locate the record.
• The requester failed to pay the assessed record fees.

Individuals who believe they were unjustly denied access to public agency records are permitted under Sections 7923.000 through 7923.500 to pursue legal recourse in the Santa Clara Superior Court. Such petitions seek a writ of mandate or declaratory or injunctive relief from the court to compel the production of records.

Once a petition is submitted, the court will review it to determine whether the denial was unjust. If the court finds that a request was wrongfully denied, it will command the public agency to release the record to the requester. The public agency (not the official who rejected the request) will also cover the petitioner's court costs and attorney fees if the petitioner succeeds in court. Section 7923.500 of the CPRA allows either party to challenge the court's decision through an appellate process.