California Public Records

How the California Public Records Act Actually Works

California's public records law is codified at Government Code §§ 7920.000 through 7930.215 (the California Public Records Act, or CPRA, which was reorganized and renumbered in 2023 but kept the same substantive rules). The CPRA gives any person — resident or not, citizen or not, journalist or not — the right to inspect and copy public records held by state and local agencies. You do not have to explain why you want the record.

The agency has 10 calendar days from receipt of your request to respond, but the response is not a deadline to deliver records. The response only has to tell you: (a) whether the agency holds the records, and (b) when records will be produced. The agency may extend by up to 14 additional days for "unusual circumstances" — for example, if the records are stored off-site or if consultation with another agency is required.

Agencies may charge only for the direct cost of duplication — typically $0.10 to $0.25 per page. They cannot charge for staff time spent searching for or reviewing records (one of the strongest pro-requester rules in the country). Electronic copies sent by email must be provided at no cost beyond the cost of the storage medium.

If your request is denied or unreasonably delayed, you can file a writ of mandate in the superior court under Gov. Code § 7923.000. If you win, the agency pays your attorney's fees — a powerful deterrent against improper denial.

What You Cannot Get in California (the honest answer)

Many directory sites promise things California law specifically prohibits. Here's the truth:

• You cannot pull another person's California criminal history ("rap sheet"). Under Penal Code § 11105, full criminal history records are released only to the subject of the record, criminal justice agencies, and a narrow list of authorized employers (childcare, public schools, security guards, etc.). A third-party "background check site" that claims to deliver a California rap sheet is either lying or aggregating older, lower-quality data.
• You cannot get sealed juvenile records except by court order (Welf. & Inst. Code § 827).
• You cannot get expunged or dismissed records through most public databases — they are removed from public criminal history reports under Penal Code § 1203.4 (see below).
• You cannot demand booking photos (mugshots) for commercial publication. Under AB 994 (Penal Code § 13665), law enforcement may not share booking photos of people arrested for non-violent offenses on social media, and "mugshot extortion" websites that demand payment for removal are exposed to civil liability under Civil Code § 1798.91.1.
• You cannot get pending investigation records, attorney-client privileged documents, draft notes, or personnel files protected by Gov. Code §§ 7927.100–7929.000.

AB 1076 — Automatic Conviction Record Relief

Effective July 1, 2023, Assembly Bill 1076 requires the California Department of Justice to automatically grant relief to people convicted of qualifying offenses without the person having to file a petition. The law covers most misdemeanors and many low-level felonies if you completed your sentence and stayed conviction-free for the required period.

What "relief" means: the conviction is dismissed under Penal Code § 1203.4 or sealed under § 851.93. It will no longer appear on most criminal background checks. However, the relief is not visible on the California DOJ public search — you'll only see the cleared status when you obtain your own record through Live Scan.

What this means for you: if you're researching a California conviction from before 2020 and it's not appearing in current databases, the person may have received automatic AB 1076 relief — which is intentional under California law.

Penal Code § 1203.4 — Expungement (Dismissal After Probation)

California does not technically "expunge" criminal records in the way most states do. Under Penal Code § 1203.4, after you successfully complete probation (or after one year if no probation was imposed), you can petition the court to:

1. Withdraw your plea of guilty or no contest (or set aside the verdict if you were convicted at trial),
2. Enter a plea of not guilty, and
3. Have the case dismissed.

The court file remains, but the conviction is "set aside." On most employment background checks, you can lawfully answer "no" when asked if you've been convicted. Exceptions: you must still disclose for licensing applications regulated by the state (lawyer, teacher, peace officer, contractor, etc.), and for federal employment.

The petition is filed in the court of conviction using Form CR-180 (Petition for Dismissal). The filing fee is typically $0 to $150 depending on the county. Self-help courts and groups like the California Innocence Project assist with the paperwork.

How to Get Your Own California Criminal Record via Live Scan

If you need your own California criminal history — for an employer, a licensing board, an immigration application, or just to know what's there — California uses an electronic fingerprint system called Live Scan, administered by the California Department of Justice.

Walkthrough:

1. Download form BCIA 8016 (Request for Live Scan Service) from the California DOJ website. There are two versions: one for record-review purposes (Type of Application: "Record Review") and one for employment.
2. Take the form to a certified Live Scan operator. Police stations, sheriff's offices, UPS Stores, and private vendors all offer the service. Locations are listed at oag.ca.gov/fingerprints/locations.
3. Pay the fees: $25 DOJ fee + $32 FBI fee (if requested) + roller fee (typically $20–$40, charged by the Live Scan operator).
4. Get fingerprinted. The operator transmits your prints electronically to the DOJ.
5. The DOJ responds within approximately 60 days by mailing you a copy of your criminal history record. Most responses arrive in 2–4 weeks.

If you find errors, you can challenge them under Penal Code § 11126 by filing a "Claim of Alleged Inaccuracy or Incompleteness" with the DOJ Bureau of Criminal Information and Analysis.