Arrest records in Marin County, California are public documents pursuant to the California Public Records Act (Government Code § 6250-6270). This legislation establishes the public's right to access government records, including arrest information maintained by law enforcement agencies. The California Public Records Act mandates that all government records shall be disclosed to the public upon request, unless there is a specific exemption that prohibits such disclosure.
Certain arrest records may be subject to confidentiality restrictions under California law. These exceptions include:
The Marin County Sheriff's Office maintains custody records and makes non-confidential arrest information available to the public in accordance with state law. Members of the public seeking arrest records must submit their requests to the appropriate agency that maintains such records.
Marin County provides several online resources for accessing arrest records through official government portals. The County of Marin maintains a Public Booking Log that displays information about individuals who have been arrested and booked into the Marin County jail within the past 48 hours and remain in custody. This resource is available through the Marin County Sheriff's Office website.
The Marin County Superior Court's eCourt Online Portal offers public access to case information, including criminal cases resulting from arrests. Users may search by name or case number to retrieve information about court proceedings related to arrests.
Online access to arrest records is subject to the following limitations:
Law enforcement agencies in Marin County may also provide limited arrest information through their respective websites, though policies regarding online disclosure vary by jurisdiction.
Members of the public seeking arrest records in Marin County have multiple methods available to obtain this information. The appropriate method depends on the age of the record, the arresting agency, and the purpose of the request.
For recent arrest records, individuals may:
Marin County Sheriff's Office
1600 Los Gamos Drive, Suite 200
San Rafael, CA 94903
(415) 473-7250
www.marinsheriff.org
For court records related to arrests, individuals may:
Marin County Superior Court
3501 Civic Center Drive
San Rafael, CA 94903
(415) 444-7020
www.marin.courts.ca.gov
Requestors should be prepared to provide the following information when seeking arrest records:
Pursuant to Government Code § 6253(b), agencies may charge reasonable fees to cover the direct costs of duplication or electronic production of records.
Marin County arrest records contain standardized information as required by California Penal Code § 13150. These records serve as official documentation of an individual's interaction with law enforcement resulting in an arrest. Standard arrest records in Marin County typically include:
Arrest records maintained by the Marin County Sheriff's Office may also contain:
It should be noted that arrest records document only the fact that an arrest occurred and do not constitute proof of guilt. The presumption of innocence applies until adjudication by a court of law. Arrest records remain separate from court records, which document the judicial proceedings following an arrest.
California law provides mechanisms for the expungement or sealing of arrest records under specific circumstances. Pursuant to Penal Code § 851.8, individuals who were arrested but never charged, or whose charges were dismissed, may petition for a finding of factual innocence and the sealing and destruction of arrest records.
Eligibility requirements for expungement in Marin County include:
The expungement process requires filing a Petition for Dismissal (form CR-180) with the Marin County Superior Court. Petitioners must file in the court where the case was adjudicated. The District Attorney's Office receives notification of the petition and may contest the request.
Marin County District Attorney's Office
3501 Civic Center Drive, Room 130
San Rafael, CA 94903
(415) 473-6450
www.marincountyda.org
Upon granting an expungement petition, the court issues an order under Penal Code § 1203.4 that:
It is important to note that expunged records may still be accessible to law enforcement agencies, licensing boards, and certain employers as authorized by law. Expungement does not eliminate the requirement to disclose the arrest or conviction when applying for government employment, public office, or state licensing.