Arrest records are public in Hesperia, California, pursuant to the California Public Records Act (Government Code § 6250-6270). This legislation establishes that governmental records, including arrest information, shall be accessible to the public. The California Constitution, Article I, Section 3(b) further reinforces this right, stating that "the people have the right of access to information concerning the conduct of the people's business." The City of Hesperia maintains compliance with these regulations by making arrest records available through designated channels, subject to certain exemptions prescribed by law to protect ongoing investigations and individual privacy rights in specific circumstances.
Members of the public seeking arrest records in Hesperia have multiple methods available to access this information. The San Bernardino County Sheriff's Department, which provides law enforcement services to Hesperia through a contract arrangement, maintains these records. Individuals may obtain arrest information through the following procedures:
In-person requests at the Hesperia Police Station Records Department, located at 15840 Smoketree Street, Hesperia, California 92345. Office hours are Monday through Thursday, 7:00 AM to 5:00 PM.
Telephone requests by contacting the Records Department at (760) 947-1500. Requestors must be an involved party and not listed as a suspect in the report being requested, as specified in Hesperia Police Department guidelines.
Online access through the San Bernardino County Sheriff's Department portal, which provides limited arrest information and booking details.
Written requests submitted to the Hesperia Police Department with specific case information, pursuant to the City of Hesperia's public records procedures.
Court record searches through the San Bernardino County Superior Court for cases that have proceeded to arraignment or further judicial proceedings.
Standard arrest records maintained by the Hesperia Police Department contain specific information as mandated by California Penal Code § 13100-13103. These records typically include:
The Hesperia Police Department, staffed by 58 sworn law enforcement personnel, maintains these records in accordance with state retention requirements. Certain sensitive information may be redacted from public copies pursuant to Government Code § 6254, which protects personal identifying information and details that might compromise ongoing investigations.
California Penal Code § 851.8 and § 1203.4 provide mechanisms for the expungement of arrest records in Hesperia under qualifying circumstances. Expungement is a legal process that restricts public access to arrest and conviction records. Individuals seeking expungement must meet specific eligibility criteria:
The expungement process requires filing a Petition for Dismissal with the San Bernardino County Superior Court. Upon approval, records are not physically destroyed but are modified to show the case was dismissed pursuant to the relevant Penal Code section. Law enforcement agencies, including the Hesperia Police Department, must update their records accordingly.
Certain convictions, particularly those involving serious felonies listed under Penal Code § 1192.7(c) or sex offenses requiring registration under Penal Code § 290, have limited eligibility for expungement. The San Bernardino County District Attorney's Office can provide information regarding specific case eligibility.
The California Public Records Act contains provisions that limit access to certain arrest information. Government Code § 6254(f) establishes specific exemptions that apply to arrest records in Hesperia:
The Hesperia Police Department Records Division is responsible for applying these exemptions when processing public records requests. Individuals denied access to records may appeal the decision through administrative channels or seek judicial review as provided in Government Code § 6258.
California Civil Code § 1786.18 and Labor Code § 432.7 place significant restrictions on the use of arrest records for employment purposes in Hesperia. Employers, with limited exceptions, are prohibited from:
Public agencies, including the City of Hesperia, may access complete criminal history information for employment screening only when specifically authorized by statute, such as for law enforcement positions, childcare workers, and certain licensed professions.
The California Department of Justice maintains the state's criminal history repository and provides authorized record checks through its Live Scan fingerprinting system. Local Live Scan services are available at the Hesperia Police Department by appointment.
Pursuant to Government Code § 6253(b), the City of Hesperia may charge fees for copies of arrest records that reflect the direct costs of duplication. Current fee schedules for obtaining arrest records from the Hesperia Police Department are as follows:
Fee waivers may be available in certain circumstances, such as when the request is made by a victim of a crime for purposes related to victim's rights or compensation. Payment must be made by cash, check, or money order payable to the City of Hesperia. The San Bernardino County Sheriff's Department processes these payments at the Hesperia Station.