Berkeley Arrest Records
Are Arrest Records Public in Berkeley, California?
Arrest records are public in Berkeley, California, pursuant to the California Public Records Act (CPRA), Government Code § 6250-6276.48. This legislation mandates that records maintained by state and local agencies be accessible to the public upon request. The Berkeley Police Department maintains arrest records as part of its official documentation of law enforcement activities. Members of the public may access these records unless specific exemptions apply under Government Code § 6254, which protects certain information from disclosure when release would constitute an unwarranted invasion of personal privacy, compromise an active investigation, or endanger an individual's safety.
The City of Berkeley adheres to these transparency requirements while balancing privacy considerations. Certain arrest information may be redacted in accordance with California law, particularly in cases involving juveniles (pursuant to Welfare and Institutions Code § 827) or when disclosure could jeopardize ongoing investigations as determined by the Berkeley Police Department Records Unit.
How to Look Up Berkeley Arrest Records in 2025
The Berkeley Police Department provides multiple channels through which members of the public may obtain arrest records. Requesters seeking arrest information may utilize the following official methods:
- In-Person Requests: Individuals may visit the Berkeley Police Department Records Unit during regular business hours to submit requests for arrest records. Proper identification is required, and applicable fees may apply for document reproduction.
Berkeley Police Department Records Unit
2100 Martin Luther King Jr. Way
Berkeley, CA 94704
(510) 981-5900
Police Records | City of Berkeley
Hours: Monday-Friday, 8:00 AM - 4:00 PM (excluding holidays)
Online Requests: The Berkeley Police Department maintains an online portal for public records requests. Users must create an account and provide specific information about the requested records, including names, dates, and case numbers when available.
Written Requests: Written requests may be submitted via postal mail to the Records Unit. All written requests must include the requester's contact information, specific details about the records sought, and a statement of purpose in accordance with Government Code § 6253(a).
Data Portal Access: The City of Berkeley maintains a data portal where certain arrest statistics and crime data are published in aggregate form. While this resource does not provide individual arrest records, it offers valuable contextual information about law enforcement activities.
Pursuant to Government Code § 6253(b), the Berkeley Police Department may charge reasonable fees to cover the direct costs of duplication or electronic data compilation. Fee schedules are available at the Records Unit and on the department's official website.
Contents of a Berkeley Arrest Record
Berkeley arrest records contain standardized information as mandated by California Penal Code § 13100-13326, which establishes requirements for criminal justice agency record-keeping. Standard arrest records maintained by the Berkeley Police Department typically include:
Biographical Information: Full legal name of the arrested individual, date of birth, physical description, and any documented aliases or alternative identifications.
Arrest Details: Date, time, and specific location of the arrest within Berkeley city limits.
Offense Information: California Penal Code sections allegedly violated, classification of charges (misdemeanor or felony), and brief narrative description of the alleged criminal activity.
Processing Documentation: Booking number, fingerprint records, and photographic identification (mugshot) taken during the booking process.
Custody Status: Information regarding bail determination, detention facility assignment, or release conditions if applicable.
Case Disposition: Current status of the case within the criminal justice system, including referral to the Alameda County District Attorney's Office or case resolution information.
Arresting Officer Information: Identification of the law enforcement personnel involved in the arrest, typically including badge numbers and department affiliation.
The Berkeley Police Department maintains these records in accordance with departmental Policy 804, which establishes protocols for records maintenance, retention, and release in compliance with state law and professional standards for law enforcement agencies.
Expungement of Arrest Records in Berkeley
California Penal Code § 851.8 provides a mechanism through which qualifying individuals may petition for the sealing and destruction of arrest records when no conviction resulted from the arrest. The expungement process for Berkeley arrest records is administered through the Alameda County Superior Court system rather than directly through the Berkeley Police Department.
Eligibility criteria for expungement of Berkeley arrest records include:
- Cases where no charges were filed following arrest
- Cases dismissed by the court after charges were filed
- Cases resulting in acquittal after trial
- Certain convictions after successful completion of probation (pursuant to Penal Code § 1203.4)
The expungement process requires petitioners to:
- File appropriate judicial forms with the Alameda County Superior Court
- Pay applicable filing fees (fee waivers available for qualifying individuals)
- Attend scheduled court hearings as required
- Provide notice to the Berkeley Police Department and Alameda County District Attorney
Alameda County Superior Court - Berkeley Courthouse
2120 Martin Luther King Jr. Way
Berkeley, CA 94704
(510) 627-4700
Hours: Monday-Friday, 8:30 AM - 4:30 PM (excluding court holidays)
Upon court approval of an expungement petition, the Berkeley Police Department is legally mandated to seal the specified arrest records and restrict their disclosure in background checks or public records requests. However, certain government agencies, including law enforcement and licensing boards, may retain limited access to sealed records for specific statutory purposes as outlined in Penal Code § 851.92.
The Berkeley Police Department complies with court-ordered expungements within the timeframes established by California law, typically 30 days from receipt of the judicial order. Confirmation of completed expungement actions may be requested through the Records Unit.
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