Santa Clara County Arrest Records

In Santa Clara County, arrest records are legal documents created when an individual is detained, taken into custody, and booked by law enforcement officers in the county. Under the California Public Records Act (Gov. Code § 6250 et seq.), arrest records serve as a lawful principle for government activities to remain transparent and accountable to the people. However, a separate statutory scheme in the California Penal Code (CPC) regulates access to criminal offender record information (CORI) (CA Penal Code § 13300). Beyond helping the public evaluate whether police officers act lawfully, arrest records also monitor crime trends and potential risks within the county. They also ensure that private investigations and detention details remain within boundaries, preventing unchecked government authority and unsafe decisions.

Are Arrest Records Public Information in California?

Yes. In California, most arrest records are public information. The California Public Records Act (CPRA) allows the public to access the California Government's records. This act applies to all cities, counties, and municipal agencies within the state. The CPRA supports the public examination of law enforcement records, including arrest, criminal, and court records in the custody of criminal justice agencies. These disclosures aim to ensure transparency and public oversight of policing.

The California Public Records Act also addresses the exceptions and the categories of records exempt from the public records law. It states that a record custodian can reject all requests to access documents that are confidential, sealed, or exempt from public disclosure. Upon request denial, the custodian will inform the requester of the reason for the denial in writing within a period.

The following are some of the records that are exempt from the provisions of CPRA:

• Records of which disclosure may endanger a confidential informant, witness, or another person's safety
• Records that may interfere with law enforcement investigations upon disclosure
• Records of which disclosure may hinder a person's right to a fair trial
• Juvenile offenders' information.

Santa Clara County Arrest Search

Finding arrest information in Santa Clara County involves state, and county-level options and making requests through law enforcement agencies. Beginning a record search on each level requires a process, a fee, and access methods.

The California Department of Justice (DOJ) maintains various public records, including statewide criminal history records. Access to criminal history summary records (California Penal Code § 11105) is restricted by law to legitimate law enforcement purposes and authorized applicant agencies. However, individuals have the right to request a copy of their own criminal history record from the Department to review for accuracy and completeness. Eligible persons can submit a Request for Live Scan Service form and fingerprinting through an approved Live Scan location. The process involves submitting fingerprint images and paying the DOJ a processing fee of $25.

The California Department of Corrections and Rehabilitation (CDCR) also provides an online Inmate Locator known as the California Incarcerated Records & Information Search (CIRIS) system. It is searchable by name or CDCR number for information on persons incarcerated in California state prisons.

The Public Access to Court Electronic Records (PACER) allows the search for criminal case information online, which includes arrest details. It is the federal court's system for case filings, including criminal dockets. However, it may require the user to register and pay a small fee.

Santa Clara County Inmate Locator

The Santa Clara County Sheriff's Office provides an online tool, the Online Visiting Registration (OVR) system, to view and search for booking information on incarcerated persons. However, users may have to sign up to visit an inmate in the county jail, after which access to the OVR system will be approved. Alternatively, users may go through the 'Who's In Jail' tab to find inmates and access the OVR system. To obtain inmate booking information, users must provide the inmate's:

• Booking Number (CEN)
• Person File Number (PFN)
• Full name
• Date of birth or booking date.

The Santa Clara County Police Department maintains online Police Blotters or Arrest Logs that provide a timely, chronological summary of all the arrests made by the Department. Arrest information results include name, DOB, location, arrest date, case number, arrest type, charge, and description.

Also, the Santa Clara County Superior Court provides an online case search portal, which allows public access to arrest information in criminal case records. The portal is searchable by case number, party name, business, case type, and filing date. If an arrest leads to charges, the search system will display the defendant's information, including upcoming hearing dates and dispositions (if resolved).

Active Warrant Search in Santa Clara County

An arrest warrant is a court order issued by a magistrate to authorize law enforcement officers to take a person into custody. Per California Penal Code § 814-829, a magistrate shall issue a warrant for the arrest of the defendant when there are reasonable grounds to believe that an offense has been committed and the defendant committed it.

The law provides that a warrant shall contain the following information: the name of the defendant, the date and time the warrant was issued, the city or county where the warrant was issued, the signature of the magistrate, judge, or other issuing authority, with their title and name of the court or other issuing agency.

The Santa Clara County Sheriff's Office maintains records of active warrants issued within the county. However, no public online search tool on the Sheriff's Office website is available to access warrants directly. To confirm active warrants, visit the office in person at 55 W. Younger Ave, San Jose, CA 95110 (Monday - Friday, 8 AM - 5 PM) or call (408) 808-4705 for further information. Note that the Sheriff will only give minimal confirmation on the existence of a warrant and will record the name of the requester at no cost.

How to Find Arrest Records for Free in Santa Clara County

Members of the public can visit the Santa Clara County Sheriff's Office online to request copies of records related to arrests, including arrest reports. The OVR portal allows users to view and search for booking information on incarcerated persons in the county for free.

The public can check the online arrest log for more details on arrests made by the City of Santa Clara County Police Department.

The public can access arrest information for free through the Santa Clara County Superior Court's online case information portal. However, such information is usually found within court records and is inaccessible if sealed or expunged.

Santa Clara County Arrest Report

In Santa Clara County, an arrest report is a narrative documentation of all the facts and circumstances that led to an arrest, and is usually created by the arresting officer. It provides detailed information about the events that caused an arrest, which can be helpful in court proceedings. This includes witness statements, officers' observations, probable cause details, and evidence descriptions. On the other hand, an arrest record is known as a summary documentation showing that someone was taken into custody, which is usually not the full story. It is a collection of a person's interactions with the legal system, including arrest details, charges, custody location, booking number, and bail status.

How to Get an Arrest Record Expunged in Santa Clara County

In California, the expungement or record clearance process is primarily governed by CA Penal Code § 1203.4, which applies to criminal convictions and not just arrests.

Arrested but Never Charged

Some persons are arrested but not convicted, and will only be eligible to petition to seal arrest-related records. This involves filing a Petition to Seal Arrest and Related Records (Form CR-409). To qualify to seal arrest records:

• The charge was dismissed.
• The arrestee was acquitted.
• The conviction occurred but was vacated or reversed on appeal, and all appellate remedies have been exhausted (CA Penal Code § 851.91).

Convicted but Completed Probation

To qualify to expunge arrest records (Penal Code § 1203.4) in California, the person must meet the following criteria:

• Completed all terms of probation, or were granted early release
• Not charged with a criminal offense
• Not on probation for a criminal offense
• Not serving a sentence for a criminal offense

Filing a Petition for Dismissal (Form CR-180) with the court of conviction may result in setting aside and dismissing the case. The arrest record may remain, but the conviction is no longer active, which can affect a person's employment status and other civilian matters.

The Expungement Process in Santa Clara County

Record Clearance Application

To begin the expungement process in Santa Clara County, the individual must file a Record Clearance Application with the Santa Clara County Superior Court. A record clearance helps with employment, housing, student aid, and other opportunities, but does not entirely erase the conviction.

Early Release from Probation

The petitioner must meet eligibility requirements, including completing all probation and not having pending charges. If the performance on probation has been good and the petitioner has successfully completed at least halfway through the probation, the court may consider releasing the petitioner from probation early (CA Penal Code § 1203.3)

Felony Reduction

If a felony case conviction is involved, the petitioner may file for the court to reduce the severity of the offense to a misdemeanor. Generally, the court will require proof that the petitioner has paid restitution and a significant period has elapsed since the conviction. However, note that some offenses, such as sex and drug offenses, exist only as felonies and cannot be reduced (CA Penal Code 17(b))

Application Review

The court will review the application and send it to the Probation Department for a report before a hearing. The Department may take 90 days or longer to process the application. If the expungement is granted, court orders will be sent to CDOJ and FBI to update the criminal record, preventing employers from using it against the defendant.

How Do You Remove Arrest Records From the Internet?

The case's outcome depends on whether an arrest record can be removed from the internet. If there was an arrest but no charges or charges were dismissed, the defendant may petition under arrest (CA Penal Code § 851.8) to have the arrest record sealed and destroyed. Once granted, the record is sealed from public access and cannot be disclosed by law enforcement or courts.

If convicted, the defendant may seek expungement under CA Penal Code § 1203.3, dismissing the case after successful probation. However, this does not erase the record altogether; it will require the California DOJ and FBI to update the database to show that the case was dismissed.

For records on the general internet, such as news articles or websites, the individual must directly contact the news agency or website to request removal. Sometimes, the solution to having one's record removed from the internet is with an attorney's help or using search engine optimization (SEO) to redact negative content.

What Do Public Arrest Records Contain?

Under the California Penal Code § 13300, members of the public may find the following information in a Santa Clara County arrest record:

• Arrestee's identifying information (arrestee's full name, alias, age, and date of birth)
• Arrestee's Physical Description (sex, race, height, weight, and color of hair and eyes, mugshot)
• Description of the offense (offense categories such as felony, misdemeanor, or traffic) and charge count
• The arrest date, time, and location of the arrest.
• Name of the arresting officer
• Booking ID
• Release date
• Bond amount
• Holding Facility
• Active/outstanding warrants