Hercules Arrest Records
Are Arrest Records Public in Hercules, California?
Arrest records are public documents in Hercules, California, pursuant to the California Public Records Act (Government Code § 6250-6270). This legislation establishes the fundamental right of citizens to access information concerning governmental affairs, including records of arrests made by law enforcement agencies. The California Public Records Act specifically designates arrest records as public information to promote transparency in the criminal justice system and accountability of public officials. Members of the public may access these records unless specific statutory exemptions apply or a court has issued a sealing order. Such exemptions may include juvenile records, records pertaining to ongoing investigations, or records sealed by judicial order in accordance with California Penal Code § 851.8.
How to Look Up Hercules Arrest Records in 2025
Multiple official channels exist through which members of the public may obtain arrest records in Hercules, California. The following procedures remain in effect for the 2025 calendar year:
- Hercules Police Department: Individuals may submit a written request for arrest records directly to the Records Division. Requests must include the full name of the subject, date of birth, and approximate date of arrest if known. A processing fee may apply in accordance with Government Code § 6253(b).
Hercules Police Department
111 Civic Drive
Hercules, CA 94547
(510) 799-8260
Hercules Police Department
Hours: Monday-Friday, 8:00 AM - 5:00 PM
- Contra Costa County Sheriff's Office: As the primary law enforcement agency for the county, the Sheriff's Office maintains comprehensive arrest records for all jurisdictions within Contra Costa County, including Hercules.
Contra Costa County Sheriff's Office
651 Pine Street, 7th Floor
Martinez, CA 94553
(925) 335-1500
Contra Costa County Sheriff's Office
Hours: Monday-Friday, 8:00 AM - 5:00 PM
- Contra Costa County Superior Court: Court records related to arrests and subsequent proceedings may be accessed through the court's public terminals or online portal.
Contra Costa County Superior Court
725 Court Street
Martinez, CA 94553
(925) 608-1000
Contra Costa County Superior Court
Hours: Monday-Friday, 8:00 AM - 3:00 PM
- California Department of Justice: For comprehensive criminal history information, individuals may request a background check through the California Department of Justice, subject to fingerprinting requirements and applicable fees as specified in Penal Code § 11105.
California Department of Justice
P.O. Box 903417
Sacramento, CA 94203-4170
(916) 210-3000
California Department of Justice
Contents of a Hercules Arrest Record
Arrest records maintained by Hercules law enforcement agencies contain standardized information as mandated by California Penal Code § 13150. These records typically include:
Biographical Information: Full legal name of the arrested individual, date of birth, gender, race/ethnicity, height, weight, eye and hair color, and any distinguishing physical characteristics or identifying marks.
Arrest Specifics: Date, time, and precise location of the arrest; name and badge number of the arresting officer(s); agency case number; and the legal authority under which the arrest was executed.
Criminal Charges: Complete enumeration of all charges filed at the time of arrest, including applicable California Penal Code sections, charge classification (felony, misdemeanor, or infraction), and charge description.
Booking Data: Booking number assigned by the detention facility, date and time of booking, fingerprint classification information, and photographic identification (mugshot).
Custodial Status: Information regarding bail determination, including amount set, whether bail was posted, or if the individual was released on their own recognizance pursuant to Penal Code § 1270.
Disposition Information: Current status of the case, including whether charges were filed by the District Attorney's Office, case dismissal, diversion program participation, or conviction information if the case has concluded.
It should be noted that pursuant to Government Code § 6254(f), certain information may be redacted from publicly available arrest records, including information that would endanger the safety of a person involved in an investigation or jeopardize the successful completion of an investigation.
Expungement of Arrest Records in Hercules
California law provides several mechanisms through which individuals may petition for the expungement or sealing of arrest records in Hercules. These procedures are governed primarily by Penal Code §§ 851.8, 851.91, and 1203.4.
Under Penal Code § 851.8, individuals who were arrested but never charged with a crime may petition for a finding of factual innocence. If granted, all records of the arrest must be sealed for three years and subsequently destroyed. This remedy requires the petitioner to demonstrate that no reasonable cause existed to believe they committed the offense for which they were arrested.
Penal Code § 851.91, enacted through the passage of Senate Bill 393 (2017), established a process whereby individuals may petition to seal arrest records in cases where:
- The arrest did not result in a conviction
- The conviction was vacated or reversed on appeal
- The individual successfully completed a diversion program
- The individual was acquitted of all charges
The petition must be filed with the Superior Court in the county where the arrest occurred. Upon receipt of a petition, the court will schedule a hearing where the petitioner must demonstrate eligibility for relief. If granted, the arrest record will be sealed and deemed not to have occurred for most purposes.
For individuals who were convicted of a crime, Penal Code § 1203.4 provides a mechanism for dismissal (commonly referred to as "expungement") if:
- The individual has successfully completed all terms of probation
- The individual is not currently serving a sentence for any offense
- The individual is not currently charged with any criminal offense
It should be noted that expungement under § 1203.4 does not completely erase the record but rather changes the disposition to show a dismissal. The conviction may still be used for certain purposes, including sex offender registration requirements, professional licensing decisions, and as a prior conviction in subsequent criminal proceedings.
The expungement process requires the submission of specific forms to the court, payment of filing fees (unless waived due to financial hardship), and potentially a court appearance. Legal assistance is advisable but not required for this process.
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