How to Access California Public Criminal Records: Step-by-Step Guide
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Access to California criminal records is governed by federal, state, and local laws, which determine who can obtain them and how. Individuals, employers, and members of the public may access certain types of California public records, provided they follow the appropriate procedures and comply with laws and regulations.
Key takeaways:
- Criminal records in California include court documents, conviction records, and arrest history
- Individuals can request their criminal records through the California Department of Justice
- Ordering a personal background check is a quick and easy way to see what appears on your California record
- Employers can access a candidate's criminal history by running compliant background checks
- Use Checkr to order a personal background check or start screening candidates today
There are several reasons why organizations and individuals may need to access California criminal records. Job seekers may want to review their criminal record before applying for jobs to ensure accuracy and prepare for conversations and questions during the hiring process. Employers can consider relevant criminal history before making a final hiring decision, and individuals may want to verify the background of caregivers or others applying for sensitive roles.
California law determines the types of records available and the procedures for accessing them. This guide walks you through the process, whether you're checking your own record or requesting the information as an employer.
Understanding California criminal records
In California, criminal records include court records, conviction records, and arrest records.
- Court records include all documentation related to a criminal case, from the initial filing of charges to the final disposition. These records are typically maintained by local and superior courthouses in California.
- Conviction records indicate whether a person was found guilty or pleaded guilty to a criminal offense. In California, these records are available through the California Department of Justice (DOJ).
- Arrest records are documentation created when the police take an individual into custody. They include all arrests, even those that didn’t result in criminal charges. Depending on the level of law enforcement that made the arrest, these records may be kept by the California DOJ or by local police departments.
Who can access California public criminal records?
Some California criminal records are available to the public, but access depends on the requester and the type of record involved. Individuals can order complete state of California criminal records for themselves through the DOJ. Members of the public can also access conviction, court, and arrest records that aren’t sealed, expunged, or marked confidential.
Employers must obtain written permission from a job candidate before conducting a criminal background check. The California Fair Chance Act prohibits employers from inquiring about arrests that did not result in convictions, participation in pretrial or posttrial diversion programs, or their underlying charges, as well as sealed, expunged, or eradicated convictions.
Steps to request criminal history in the state of California
The process for requesting California criminal records depends on whether you’re seeking your records or conducting a background check as an employer. Here’s how to look up criminal records in California:
For personal use
When requesting personal criminal history, individuals in California must undergo digital fingerprinting using Live Scan technology. This system digitally captures and transmits fingerprints to the DOJ for background checks. To obtain your criminal records in California, follow these steps:
- Prepare your fingerprint forms. Download the "Request for Live Scan Service" form (BCIA 8016) from the California DOJ website. Fill in your personal information, including your full name, date of birth, and Social Security number. Select “Record Review” under "Type of Application.” If you're outside California, use manual fingerprint cards (FD-258) instead of Live Scan.
- Complete the live scan or fingerprint card. Visit an authorized Live Scan operator location and present your completed form, along with valid photo identification. The technician will electronically scan your fingerprints and submit them to the DOJ. If you’re outside California, take your fingerprint card to a local police station, another agency, or a business that provides fingerprinting services.
- Submit payment and required documentation. Pay the $32 DOJ processing fee directly to the Live Scan operator. Live Scan operators typically charge an additional service fee, which ranges from $10 to $35. Acceptable payment methods vary by location, but generally include credit cards, cash, or money orders. Keep your copy of the Live Scan form as proof of submission.
- Wait for the DOJ response. You will receive the results by mail at the address provided on your application. Allow two to four weeks for processing. If you haven't received results after four weeks, contact the DOJ's Record Review Unit at (916) 227-3835.
If you're looking for a simpler, faster alternative, Checkr offers personal background checks that don't require fingerprinting. You can request and view your report online within minutes. Your Checkr background check may include:
- Social Security number (SSN) trace provides a list of addresses and names associated with your Social Security number.
- Criminal and civil searches include criminal and civil court records, conviction records, and arrest information from California and beyond.
- Global watchlist search screens for your name on international government watchlists.
- Sex offender registry checks search federal, state, territorial, and tribal sex offender registries.
- Driving record checks reveal the driver’s license type, status, and any violations (if requested).
Running a background check on yourself can help you understand what a potential employer or landlord may see. It also allows you to proactively prepare to provide context and to correct potential errors to be reflected on your Checkr report. Get a personal background check in a few easy steps through our online platform.
Run a personal background checks
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For employment purposes
As an employer, complete the following steps to conduct a candidate's criminal record search in California:
- Create a background check policy. Develop a background check policy that defines which positions require criminal history checks and specifies the types of checks required. Ensure your policy complies with California’s background check laws and regulations, and document it to ensure consistent application across all candidates.
- Maintain legal compliance. To comply with the California Fair Chance Act, avoid asking about criminal history on job applications; only conduct background checks after extending a conditional offer of employment. The law prohibits employers from inquiring about arrests that did not result in conviction, participation in pretrial or posttrial diversion programs and related charges, and convictions that have been sealed, dismissed, expunged, or statutorily eradicated.
- Choose a background check company. Select a consumer reporting agency (CRA) that specializes in California compliance, like Checkr. Verify that the provider offers the specific screening services you need.
- Communicate candidate rights. Provide written notice of your intent to conduct a background check and obtain written consent from the candidate before proceeding. Inform the candidate of their right to request a copy of their background check report.
- Select screening reports. Choose appropriate screening packages based on job requirements, and consider conducting county-level searches for the most comprehensive results. Keep in mind that California limits the reporting period to seven years for most criminal records.
- Make hiring decisions. If you're considering taking adverse action based on the report, provide pre-adverse action notice and allow the candidate reasonable time to respond.To comply with the California Fair Chance Hiring Act, conduct an individualized assessment considering the nature of any criminal history, the amount of time that has passed since the record, and its relevancy to your position. If proceeding with adverse action, provide a final adverse action notice that includes all required disclosures.
Accessing California police records and arrest database
California police records include documentation related to arrests and warrants, many of which never lead to formal charges. They differ from court records, which are created only after official charges are filed and proceedings begin in the court system.
California does not maintain a publicly accessible arrest database. To access police or arrest records, you'll need to work directly with the law enforcement agency that created the record. Here's how to access arrest and other California police records:
1. Contact the relevant law enforcement agency
Start by determining which law enforcement agency was involved in the arrest or incident. Most arrests in California are made by local police departments and county sheriffs, although state-level agencies, such as the California Bureau of Investigation, may also be involved. To find the responsible agency, review any documentation or court records, search local news sources for reports of the incident, and confirm the jurisdiction.
Once identified, visit the agency's website for instructions on making a public records request. You may be instructed to mail a written request, submit a written request in person, or complete an online form.
2. Submit a Public Records Act request
Under the California Public Records Act, you have the right to request non-confidential police records. Most agencies require requests to be submitted in writing. Be sure to include:
- Your full name and contact information
- Date of the arrest
- Name associated with the criminal record
- Case number, if available
Use this template to get started:
[Today’s date]
[Your full name]
[Your address]
To whom it may concern:
I am writing to request arrest record documentation for [name of person arrested] under the California Public Records Act. The arrest occurred on [date], and the case number is [case number]. Please send all documentation related to me to [your mailing address].
If you have any questions, please feel free to contact me at [phone number].
Thank you,
[Your signature]
[Your printed name]
Typically, law enforcement agencies are required to respond to requests within 10 days. However, requests that require special processing may take longer to fulfill.
3. Pay applicable fees
Law enforcement agencies can charge fees for providing copies of California police records. Costs vary depending on the agency. To obtain copies of records held by the California DOJ, the price is typically $0.10 per copied page. Check the agency's website or contact their records division to confirm costs and payment instructions.
What to know about sealed or expunged records
In California, sealed and expunged records both refer to criminal records that are no longer publicly accessible; however, they are not the same.
- Sealed records still exist but are hidden from public view. Individuals can request access to sealed criminal records about themselves, but third parties typically must obtain a court order to unseal them.
- Expunged records (also referred to as dismissed records) are removed from public view and treated as though a conviction never occurred. In most cases, they are not accessible to anyone, including employers and members of the public.
Understanding the difference is important for individuals reviewing their own records and for employers determining which records can be legally considered during the hiring process.
Get started with Checkr
Accessing California public records requires following specific steps under state law, but Checkr simplifies the process for both individuals and employers.
For individuals, Checkr offers fast, easy-to-order personal background checks. Choose from a variety of package options to suit your needs, and receive your report in minutes, without the need for fingerprinting or long waits. Order your personal background check today to prepare for your job or housing applications.
For employers, Checkr offers a range of background check packages, including criminal history searches. Built-in compliance tools help you navigate California's complex background check regulatory landscape. Our APIs integrate with over 100 ATS and HRIS systems to simplify your workflows and deliver a seamless candidate experience from start to finish.
Get started running background checks in California with Checkr today.
Disclaimer
The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.
