California Criminal Court Records

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    Criminal court records in California document the proceedings and outcomes of state-led prosecutions. Persons accused of violating the California Penal Code or city/county ordinances typically enter the state's criminal justice system to address their charges, which can range from minor violations (infractions) to severe crimes (felonies). These proceedings culminate in the finding of guilt or an acquittal, and concurrently, the generation and maintenance of the criminal court file.

    Criminal court records are the official, permanent account of criminal proceedings, providing historical context into criminal matters and illustrating interpretations of the law. They enhance transparency in the prosecution of criminal suspects, enabling the public to ascertain why criminal charges were pursued and how the courts finalized the case. Additionally, these records are crucial for appeals, seeking record relief, ensuring accountability within the justice system, and setting judicial precedents.

    Access to California criminal court records, maintained by the Superior Court of California, is governed by court rules, common law, and state legislation.

    Are Criminal Court Records Public in California?

    Yes. Common law and the California Rules of Court, Rules 2.400 - 2.507, foster widespread access to materials created or filed within the California Judicial Branch regarding a civil or criminal case. Under these regulations, a California criminal court record is examinable by any person with an interest, and the requester is not required to prove their identity or provide a reason for record inspection.

    With this access, however, come certain restrictions. The underlying principle is that the public may inspect or request copies of criminal case records unless a particular law or court order mandates confidentiality. To this end, several records, documents, or information categories cannot be publicly displayed. Restrictions are often imposed to protect an individual's privacy or safety, ensure an impartial trial, shield proprietary business information, or maintain investigation integrity.

    The California Trial Court Records Manual (TCRM), in Section 10.3.1 and Appendix 1, lists restrictions affecting the public's inspection of criminal court records. Depending on the law, entire records may be withheld, while some may only be released after redaction. Confidential criminal case information includes

    • Unexecuted arrest and search warrants
    • Grand jury proceedings and records
    • Wire Taps under Penal Code § 629.50
    • Indigent defendant requests for funds (for defendants in capital cases and defendants in cases under Penal Code § 190.05)
    • Probation reports
    • Arrest records of a defendant found factually innocent
    • Defendant's Statement of Assets (or Form CR-115)
    • Victim impact statements
    • Criminal history information ("rap sheets")
    • Reports concerning prisoners with mental health disorders
    • Psychiatric records or reports: Reports prepared for competency hearings or at the defense counsel's request regarding an insanity plea or defense based on the defendant's emotional or mental condition are confidential. Other court-requested psychiatric reports are presumed public.

    What Criminal Court Records Contain in California

    A criminal court file in California comprises various types of information, papers, documents, and materials, with the exact contents varying by course of proceedings. Generally, the file includes both "case information" and "case documents."

    Case information provides summary data about a case, such as

    • Names of the defendant, prosecutor, attorneys of record, and witnesses
    • Filing date and venue
    • Assigned judge
    • Scheduled hearing dates and locations
    • Case status
    • Case title
    • Type of action (infraction, misdemeanor, or felony)
    • Charges

    Case documents encompass the actual case filings, including

    • Materials submitted by the parties (e.g., petitions, affidavits, motions, pleas, charging instruments)
    • Documents created or filed by the court (e.g., orders, verdicts, writs, jury lists, trial transcripts, calendars, dismissals, dockets/registers of action)

    When court records are released publicly, confidential or restricted information is excluded. For example, while witness names are part of criminal court records, these may not be made public in sensitive cases involving minors, abuse, or sex crimes.

    California Criminal Court Records Search

    To locate a California criminal court record, the first step is to identify the presiding Superior Court in one of California's 58 counties where the case was heard.

    Most Superior Courts offer online access to California criminal court records through case management systems on their official websites. For example, Los Angeles County provides its Access a Case system, San Diego County has its Online Case Search platform, and Riverside County supplies a Public Access portal. These online systems generally allow searches by a case party's name (often the defendant's), a case number, or a citation number.

    However, according to Rule 2.503(c) of the California Rules of Court, the Superior Courts may only release the registers of action, calendars, and case indexes of a criminal case on the internet. Researchers may be directed to visit the courthouse to look at the court's electronic record of a criminal proceeding or to request paper copies. Nevertheless, remote access may be granted to the parties involved in the case.

    If online searches are not feasible, alternatives include visiting the courthouse where the case was heard or submitting a formal written request to the superior court clerk's office. Similar to online searches, a case participant's name, case number, or citation number is required to find relevant records at the courthouse. Copies usually cost 50 cents per page (1-sided), while certified copies cost $40 per document.

    Note: To find criminal cases argued before the Supreme Court or any of the six Courts of Appeal districts, one can access the Appellate Courts Case Information system, the Supreme Court Case Information site, or the Opinions page. One can also visit or call the specific court that received the appeal.

    Free Access to Criminal Court Records in California

    In California, criminal court records are freely accessible to the public. These records can be viewed via electronic case management systems on Superior Court websites or at public terminals in the filing courthouse (the venue of case proceedings occurred.

    Generally, there is no charge for viewing case information or noncertified documents on an electronic database. However, if the record needs to be duplicated, the requester will be responsible for any associated research and copy/certification fees. The California State Judiciary publishes these fees online in the current Civil Fee Schedule, under "Records Related Fees."

    Sealing and Expungement of Criminal Court Records in California

    The California judiciary uses the terms "sealing" and "expungement" to describe legal procedures for reducing the impact of criminal records on adult and juvenile defendants.

    Sealing restricts the public inspection of police and court records, making them accessible only to legally authorized entities.

    True expungement, which involves the complete destruction or eradication of a record, does not exist in California. Instead, most record relief processes in California either seal (hide) a record, remove a mandatory requirement, restore lost rights lost due to a conviction, dismiss a conviction, or allow a defendant to withdraw a plea. However, in specific scenarios, California permits record destruction.

    How to Seal Criminal Court Records in California

    The ability to seal criminal court records and connected police records in California depends on the case's outcome. The state legislature permits record sealing in the following scenarios:

    • Arrested but No Conviction (Adult Offender): This applies to adults who were found not guilty after a trial, were detained but no charges were filed, were arrested and charged but their cases were dismissed, or who completed diversion or deferred entry of judgment (DEJ) and had the charges dismissed.

    These individuals can petition the court to seal their arrest or criminal records, typically using Form CR-409 (refer to Form CR-409-INFO for filing instructions).

    However, if found factually innocent (either before trial or if no charges were filed), they can use Form BCIA 8270 or a local form (if any). If acquitted at trial or convicted but later had the conviction set aside due to a factual innocence finding, the individual's attorney may draft and file the request. There is no cost to file these petitions.

    • Arrested or Adjudicated as a Juvenile Offender: Many juvenile records are automatically sealed. However, cases dismissed before January 1, 2015, may require a court petition. There is no filing fee to seal a juvenile record in California.

    How to Expunge a Criminal Record in California

    In California, the destruction of criminal records is limited to the following cases:

    • Factual Innocence (spotlighted previously): If an adult defendant is found factually innocent, their arrest and court records are sealed and destroyed.
    • Marijuana Conviction Records: Eligible marijuana-related adult conviction records are automatically dismissed and sealed or may be reclassified as a misdemeanor or infraction. However, certain marijuana-related arrest and conviction records under Health and Safety Code (HSC) §§ 11357 and 11360 may be destroyed. No filing fee is assessed for this type of relief.
    • Victims of Human Trafficking: Victims can have nonviolent arrests/convictions (those not mentioned in Penal Code § 667.5(c)) sealed and destroyed if directly resulting from their trafficking. Though no standard form exists, defendants can petition the court to vacate convictions. If approved, related records are sealed and destroyed.

    In addition, California allows eligible defendants to dismiss a felony or misdemeanor conviction, as detailed on the judiciary's website. Dismissal does not seal a record or destroy/remove any entries from law enforcement, court, Department of Justice, or DMV databases. The case, including the conviction, will remain open but will be marked as "dismissed." There is no filing fee for the petition.

    Criminal Records in California vs Court Records

    "Criminal records," also known as criminal offender record information (CORI), are compiled by criminal justice agencies to identify offenders and maintain accurate data about their criminal history, including arrests, pretrial proceedings, criminal charges (nature and disposition), sentencing, incarceration, rehabilitation, and release (Penal Code § 11075).

    Consolidated criminal records (or criminal history records) in California include

    In contrast, criminal court records document the official proceedings of criminal actions. These records are maintained by the Superior Court, California's trial court of general jurisdiction, specifically within its criminal division.

    Requesting a California Criminal History Record

    The California Department of Justice is responsible for managing and distributing California criminal history records. These records form a master file of documents and data compiled by the DOJ about an individual's identification and criminal history. As stipulated by Penal Code § 11105(b) and (c), these records are confidential and can only be released to the individual concerned and authorized applicant agencies.

    How to Request a California State Background Check

    California law restricts access to state background checks to law enforcement and authorized applicant agencies. Nonetheless, subjects of records can request their own criminal history records to verify accuracy and completeness.

    For in-state applicants, the steps include

    • Filling Out the Correct Form: Use the LiveScan form, Form BCIA 8016RR, available in English and Spanish.
    • Getting Fingerprinted: Take the completed form to any LiveScan site for fingerprint rolling services. Many local police departments and sheriff's offices offer this service.
    • Making Payment: The total cost includes the DOJ's $25 Record Review background check fee, plus the fingerprint rolling fee assessed by the Live Scan vendor. A fee waiver is available for those unable to pay the DOJ's fee.

    For questions regarding this process, individuals can contact the Record Review Unit at (916) 227-3835. Background check results are mailed to requesters.

    Out-of-state applicants must follow a separate application process outlined on the DOJ's website.

    Note: Criminal history records obtained for personal review cannot be used for Visa/Immigration or any foreign nation transactions. To request record clearance for these purposes, one should refer to the DOJ's Visa/Immigration page.

    Active vs Archived Criminal Cases in California

    Active criminal cases are ongoing proceedings that have not yet reached a final resolution, meaning the court has not entered a judgment through trial, plea bargain, diversion, or other disposition. These cases are accessible through Superior Court case management systems or by visiting the court where the complaint, information, citation, or indictment was originally filed.

    Meanwhile, archived criminal cases are older cases that have been resolved and have surpassed the court's standard retention and disposition schedules (See Cal. Gov. Code §§ 68150-68153; Cal. Rules of Court, Title Ten, Chapter 10. Due to the elapsed time, these records are transferred to an off-site storage or archival facility. Such documents can be accessed by submitting a written request to the superior court clerk's office, though retrieval typically takes longer.