Search California Arrest Records Online

What is Considered an Arrest in California?
Are Arrest Records Public in California?
What are the Types of Arrest Records in California?
How Long Do Arrests Stay on the Record in California?
How To Seal or Expunge an Arrest Record in California?

What is Considered an Arrest in California?

According to Section 834 of the California Penal Code, an arrest is taking an individual into custody in a case and manner authorized by law. An arrest in California may be made by a law enforcement officer or a private person. In addition, Section 1463 of the state's Penal Code defines an arrest to mean any law enforcement action, including issuance of a notice to appear or notice of violation, that leads to a criminal charge.

The arrest process typically begins when an arrest warrant is issued for the detention of the person named on the warrant. A judge generally issues this warrant authorizing law enforcement to detain the person named on the warrant. However, in some cases, a law enforcement officer may proceed to arrest without a warrant if a crime was committed in their presence.

The arrest process in California is structured to ensure it is justified and lawful. Typically, the process follows these steps:

Custody and control: This part of the arrest process refers to the physical detention of a person, restricting their freedom to leave. Once a person is arrested, they are officially taken into custody and brought under the control of law enforcement. This typically involves physically securing the individual, often through the use of handcuffs, if necessary, to ensure compliance and prevent escape.
Legal authority: The California Penal Code provides legal authority for making arrests in the state. Under Chapter 5, Part 2 of the State Penal Code, a peace officer is generally authorized to arrest under certain circumstances. Section 836 of the Chapter also provides for an arrest to be made with or without a warrant.
Miranda Rights: Once an arrest is made in California, the arresting officer is generally required to inform the detainee of their Miranda rights, a legal protection established by the U.S. Supreme Court in the 1966 case Miranda v. Arizona. These rights include two critical elements: the right to remain silent, meaning the detainee is not obligated to answer questions, and the right to an attorney, ensuring that legal counsel is available during questioning.

The Miranda warning must be given before any interrogation begins. If the officer fails to provide these warnings, the detainee's statements may be deemed inadmissible in court, as they violate the individual's constitutional rights under the Fifth and Sixth Amendments.

Physical restraint: To prevent the escape of a suspect, California law generally permits law enforcement officers to physically restrain them to transport them safely for booking at the detention facility. Per Section 835a of the California Penal Code, a law enforcement officer may use objectively reasonable force to prevent escape or overcome resistance from the arrestee.
Booking Process: The booking process is initiated once the individual is transported to a police station or detention center. It is done to document and officially record the arrest. An officer will document the arrestee's details, such as their name, address, and date of birth. As part of the identification process, the arrestee will be fingerprinted and their mugshot taken for inclusion into local and state databases. Also, the arrestee will be searched, and any personal belongings, such as money, jewelry, or phones, will be confiscated and logged.

Arrests in California typically cannot be made because an individual looks suspicious or due to a hunch by a law enforcement officer. An individual may be arrested for committing a criminal offense, public order offense, violating a court order, or violating traffic laws. Also, a law enforcement officer may arrest an individual if there is a warrant for the person. A warrant requires probable cause for arrest before it may be signed by a judge and become active. Probable cause refers to having reasonable belief, based on circumstances and facts, that an individual is about to commit, has committed, or is committing a crime.

Note that an arrest is not the same as detention. An arrest involves taking an individual into custody with the intent of charging them with a crime. In an arrest, the arrestee is booked and held in a detention facility until released on bail. It may also lead to legal proceedings. On the other hand, detention is temporarily holding individuals for investigation without formally charging them with a crime. Unless probable cause exists, detentions do not typically lead to an arrest.

What is Unlawful Arrest in California?

An unlawful arrest generally occurs when an arrest was made without following due protocols or following the dictates of the California penal code. An arrest may be deemed illegal for the following reasons:

Lack of Probable Cause: This is one of the most common grounds used as a defense against an arrest. Per state law, probable cause for an arrest exists if there are facts and circumstances within the knowledge of the arresting office sufficient to cause a reasonable person to believe that a crime has been committed and the person to be arrested was involved. An arrest would typically be considered unlawful if there is not sufficient evidence to establish probable cause.
Arrest without warrant: Per Section 836 of the California Penal Code, there are specific conditions for which an arrest may be made without a warrant. Otherwise, a warrant must be obtained from a magistrate or judge before taking a person into custody. If an individual was arrested without a warrant and the circumstances surrounding the arrest are outside of those permitted by state law for a warrantless arrest, such an arrest may be deemed unlawful
Mistaken Identity: If an individual is incorrectly identified as a suspect in a criminal activity, they may argue in court that they were unlawfully arrested. Mistaken identity may happen in an arrest when misidentifications occur from witnesses, or an arresting officer relies on wrong descriptions, such as physical characteristics and clothing.
Procedural Violations: Some California arrest and criminal procedure violations may make an arrest unlawful. For instance, failure to provide Miranda warnings to an individual before custodial interrogations or the use of excessive force may cause an arrestee to challenge the validity of the arrest in court.

An unlawful arrest may lead to significant consequences for law enforcement. Some of these penalties typically include:

Exclusion of Evidence: If a court determines that an arrest was unlawful, the evidence (such as physical evidence and confessions) obtained from the arrest may be suppressed. If such evidence is suppressed, it cannot be used to prosecute the suspect in court.
Civil Rights Lawsuit: If you are unlawfully arrested in California, you may file a civil rights lawsuit against the arresting law enforcement agency and officer. You may seek damages under the California Bane Act if your constitutional rights were violated. If you are successful in court, you may be awarded compensatory damages, punitive damages, and attorney's fees.
Dismissal of charges: One of the consequences of an unlawful arrest is that you may be able to have charges leveled against you from the arrest dismissed by the court. If there is no legal justification for your arrest, the prosecutor may have no legal basis to proceed with a case. You may also have such an arrest record erased from your criminal record.

Are Arrest Records Public in California?

Arrest records in California are public under the California Public Records Act (CPRA), meaning they are accessible to individuals and entities who make requests to the custodians of the records. Individuals may access their personal arrest records while employers may also access them for potential employees. Despite the public nature of California arrest records, some information may be redacted and closed to the public.

California arrest records open to the public typically include the arrestee's name, age, height, weight, and race. Other parts may include the date, time, and location of the arrest, the charges filed, and mugshots.

Some information contained in California arrest records that may not be accessed publicly include sensitive personal information such as the arrestee's Social Security number, juvenile records, and sealed or expunged arrest records. Also, if the disclosure of an arrest record or information contained in the record will endanger the safety of an individual in a criminal investigation or jeopardize an ongoing investigation, such a record may be inaccessible to the public.

What are the Types of Arrest Records in California?

Arrest records are maintained at both local and state levels in California. Arrest records maintained at local levels are domiciled with local law enforcement agencies like police departments and county sheriff's offices. These records only include arrest information for persons arrested by the local law enforcement office and not statewide arrest information. Requests for such records may be made to the local police department or county sheriff's office that made an arrest.

At the state level, arrest records are maintained by the California Department of Justice (DOJ). These records are part of the criminal records maintained by the Department as the state's primary repository for criminal history information. The records typically include arrest information collated by all state law enforcement agencies in all counties and jurisdictions. Other than the arrest information in the DOJ record, you may find charges, convictions, and dispositions within a criminal record.

Where are Arrest Records Kept in California?

Arrest records in California are kept by various agencies, depending on the jurisdiction and the nature of the arrest. Some of the agencies that keep arrest records in the state include:

Local Police Departments or Sheriff's Offices: Local police departments and county sheriff's offices in California generally maintain records of arrests within their jurisdiction. These agencies keep records of misdemeanor and felony arrests and provide access to such records to the public.
California Highway Patrol: The California Highway Patrol is the state police handling arrests typically related to DUI, traffic violations, and other incidents on the state's highways. The agency maintains its records of arrests made by its officers.
California Courts: California courts maintain criminal case records, including information on arrests once charges are filed. These records typically include arrest warrants, arraignments, hearings, and case dispositions. The state's court system makes these records accessible to the public.
California Department of Criminal Justice: The California Department of Justice (DOJ) is California's central repository for criminal records. The DOJ is responsible for maintaining statewide arrest and criminal history records. The records maintained by the agency are comprehensive and typically include arrest records, charges, convictions, and dispositions across various jurisdictions.
Federal Bureau of Investigation: The FBI maintains national criminal records through its National Crime Information Center (NCIC) database, which includes arrests made by federal agencies or information shared by state and local authorities. Federal agencies also maintain arrests involving federal crimes, such as interstate drug trafficking or terrorism. These records are part of the FBI's Criminal Justice Information Services (CJIS).
Correctional Facilities: California and federal correctional facilities maintain records of inmates within their jurisdiction. These records typically include the arrest, conviction details, sentencing, and status of imprisonment or parole. State correctional facilities are managed by the California Department of Corrections and Rehabilitation (CDCR), while federal prisons are managed by the Federal Bureau of Prisons (BOP).

How To Find Public Arrest Records in California?

You may find California arrest records in the following ways:

Local Police Departments and County Sheriff's Offices: To obtain California arrest records, you may contact the local police department or the county sheriff's office where the arrest occurred. Many California law enforcement agencies maintain public access portals for searching recent arrest records. If a local police department or county sheriff's office does not provide online access, you may submit your request to the agency in person or via mail or email. It is recommended that you visit the website of the local law enforcement agency to determine their preferred methods of arrest record requests.
California Department of Justice: To access your arrest record from your criminal records from the state DOJ, you will need a completed Form BCIA 8016RR and pay a $25 DOJ filing fee. You must also pay a separate fee for Live Scan fingerprinting. If you receive public assistance or have a low income, you may qualify for a waiver of the $25 DOJ filing fee. However, you must complete a waiver form and bring it to the Live Scan fingerprinting location, which you may choose with a valid photo ID.

The completed Form BCIA 8016RR, a valid photo ID, and the $25 fee or waiver must be submitted to any California-approved Live Scan operators. Afterward, you will typically receive your criminal history record or RAP sheet in the mail within a week if there are no matching fingerprints in the DOJ database; however, if there is a match, the RAP sheet must be manually reviewed by a technician, which may take an indeterminate amount of time.

Note that if you live outside of California, you must submit manual fingerprint cards (Form FD-258).

California Courts: Information for arrests leading to court cases is typically kept as part of court records maintained by the clerks of the California superior courts in the counties where the cases were filed. Many California superior courts provide access to case records online through their websites. You may search for court records by party name, case number, or other identifying information. The record provided in the search result will generally show details of the arrest information related to the record.

If the arrest record is unavailable online, you may visit the court clerk's office in person to request a copy of the case file. Some courts may require you to fill out a records request form and may charge a fee for copying or retrieving the record. Many California courts offer public access terminals within the courthouse where you may search for available records and view case details.

Third-Party Websites: Many third-party websites generally provide convenient access to public arrest records, making them an appealing option if you want to find a California arrest record. These websites typically aggregate data from various local, state, and federal sources, allowing searches by name, location, or case number. Services like RecordsFinder offer a comprehensive database, including arrest dates, charges, and mugshots, when available. Note that third-party websites operate independently from government agencies. Therefore, the availability and accuracy of records may vary.

How Long Do Arrests Stay on the Record in California?

In California, arrest records generally remain on a person's criminal record indefinitely unless the records are sealed according to state laws. California generally has an established timeframe after which an arrest record may be automatically sealed under certain conditions. According to Section 851.93 of the California Penal Code, the Department of Justice (DOJ) automatically reviews arrest records and grants relief if specific criteria are met.

If the arrest occurred on or after January 1, 1973, the criteria for automatic sealing typically include:

Misdemeanor Arrests: The arrest record may be automatically sealed after one year if the arrest was for a misdemeanor and no criminal proceedings were initiated or the arrestee was acquitted
Felony Arrests: The arrest record may be automatically sealed after three years if the arrest was made for a felony and no criminal proceedings were initiated or the arrestee was acquitted. The record may be expunged six years after the date of the arrest, if the arrest was for an offense punishable in California prison for eight or more years and no criminal proceedings were initiated, no conviction occurred, or the arrestee was acquitted.

How To Seal or Expunge an Arrest Record in California?

If you were arrested but the arrest did not lead to a conviction, Section 851.91 of the California Penal Code generally allows you to have your arrest record sealed. Consequently, you may submit a petition to have your arrest record sealed if you:

Were arrested but not charged with any crime
Were charged upon arrest, but the charges were dismissed
Completed diversion and the charges brought against you were dismissed
Completed Deferred Entry of Judgment (DEJ) and the charges were dismissed
Went to trial and were found not guilty

To initiate the arrest record sealing process, complete all parts of Form CR-409 (Petition to Seal Arrest and Related Records), or if you prefer to write your petition, include the same information as in the Form. Note that the court may deny your filing if you provide incomplete information.

If a criminal case was filed based on the arrest record you want to be sealed, submit the petition by mail or in person to the clerk's office in the court where the case was filed. If no criminal case was filed or charged against you, submit the petition to the clerk of the court handling criminal matters for the county or city where the arrest occurred. If you do not know which court handles criminal matters in the area, you may contact a court in the county to inquire.

After submitting your petition, the court clerk will generally give you a date for the hearing, which is typically a minimum of 15 days from the date you file the petition. California's judiciary recommends that you take or mail an additional copy of the petition to the clerk and request the clerk stamp it to show that the original petition was filed.

Afterward, serve a copy of the petition by hand, mail, or electronically on the prosecutor of the county or city where the arrest occurred and the law enforcement agency that made the arrest. This service must be at least 15 days before the petition hearing. If serving the petition by personal service, you or another individual aged 18 or over must go in person to hand-deliver the petition. If you use the mail option, you may mail the petition by first-class mail or certified mail with a requested return receipt. Petitioners using the electronic service option are generally advised to use Form EFS-005-CV (Consent to Electronic Service and Notice of Electronic Service Address) if the court requires proof of consent from the prosecuting attorney's office and law enforcement agency to electronic service.

Upon serving the petition on the prosecutor and law enforcement agency, you must file a proof of service (Form CR-106) with the court. After that, the court will determine if you qualify to have your arrest record sealed. Under the following typical conditions, your petition to seal arrest records may be denied:

The arrest or case was filed for murder or another offense for which there is no statute of limitations (except if you have been acquitted or found factually innocent)
You intentionally evaded the efforts of law enforcement to prosecute the arrest, including by engaging in identity fraud
You may still be charged with one or more offenses upon which the arrest was based
Your arrest resulted in a conviction

If none of the criteria above is true in your case, the court is generally obligated to seal your arrest record upon your petition, meaning it must grant your request. However, if your arrest was based on an offense relating to child abuse, domestic violence, or elder abuse, and if your record shows a pattern of arrests or convictions for the same offense type, the court may only seal your arrest record in the interests of justice. This action means the court may grant your sealing petition, but you are not technically required to accept it. The court will determine whether to seal your arrest based on relevant factors, such as whether you have shown that the arrest has caused you hardship, whether you have shown that the arrest has caused, or whether you have submitted declarations or proof of good character.

If the court grants your sealing petition, it will generally send a copy of the sealing order to law enforcement and the DOJ to update their arrest record. Sealed records will not be disclosed except to you or a criminal justice agency such as peace officers, courts, prosecuting attorneys, specific actions, probation officers, parole officers, defense attorneys, and correctional officers.

Note that if your arrest did not result in a conviction and you meet certain conditions listed under Section 851.93 of the California Penal Code, you may already have been granted automatic arrest record relief by the State Department of Justice. The DOJ generally reviews the statewide criminal justice database records and identifies persons with arrest records meeting some criteria for automatic record sealing. The criteria require that the arrest occurred happened on or after January 1, 1973, and meets any of the following:

The arrest was for a misdemeanor and the charge was dismissed
The arrest was for a misdemeanor, there is no indication that criminal proceedings were initiated, one calendar year has elapsed since the arrest date, and no conviction occurred, or you were acquitted of any charges that arose from the arrest
The arrest was for a felony offense, there is no indication that criminal proceedings were initiated, at least three calendar years have passed since the arrest date, and no conviction occurred, or you were acquitted of any charges arising, from that arrest
If the arrest was for an offense punishable by imprisonment in state prison for eight years or more or a similar duration, and no criminal proceedings have been initiated, you may petition for relief if at least six years have passed since the arrest. Additionally, no conviction must have resulted from the arrest, or you must have been acquitted of any related charges stemming from that arrest.
You completed a prefiling diversion program as outlined under Section 851.93 (D)

If you are eligible for automatic sealing of the arrest record under Section 851.93 of the California Penal Code, submitting a petition to the DOJ for sealing the arrest record may not be necessary. To know if you have been granted automatic relief, you may request your criminal record history or Record of Arrest and Prosecution (RAP) sheet from the DOJ.