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Atherton Arrest Records

Are Arrest Records Public in Atherton, California?

Arrest records are public documents in Atherton, California, pursuant to the California Public Records Act (CPRA), Government Code § 6250-6270. This legislation establishes the public's right to access governmental records, including those pertaining to arrests made within the jurisdiction. The Town of Atherton adheres to state transparency requirements regarding law enforcement activities as outlined in Senate Bill 1421, which expanded public access to certain peace officer records.

Members of the public should be aware that while arrest records are generally accessible, certain exemptions exist under Government Code § 6254 that may limit disclosure. These exemptions typically apply to:

Records related to ongoing investigations
Information that would constitute an unwarranted invasion of personal privacy
Records containing confidential informant information
Juvenile arrest records, which are subject to additional protections under Welfare and Institutions Code § 827

The Atherton Police Department maintains these records in accordance with state law and departmental policies regarding public transparency and information management.

How to Look Up Atherton Arrest Records in 2025

The Town of Atherton provides multiple channels through which members of the public may access arrest records. Pursuant to Government Code § 6253(a), public agencies must make records promptly available during regular business hours. The following methods are available for obtaining arrest records in Atherton:

In-Person Requests: Individuals may submit requests directly to the Atherton Police Department Records Division during regular business hours. Proper identification may be required when requesting records.

Atherton Police Department
80 Fair Oaks Lane
Atherton, CA 94027
Phone: 650-688-6500
Official Website
Hours: Monday-Friday, 8:00 AM - 5:00 PM (excluding holidays)

San Mateo County Superior Court: For case-related information following an arrest, records may be accessed through the county courthouse.

San Mateo County Superior Court
400 County Center
Redwood City, CA 94063
Phone: 650-261-5100
Hours: Monday-Friday, 8:30 AM - 4:00 PM (excluding holidays)

Online Resources: The Town of Atherton maintains a Crime Map through the CitizenRIMS portal, which provides information about police responses and incidents within town boundaries.
Public Records Requests: Written requests may be submitted pursuant to the CPRA. Requests should include specific information such as the name of the arrested individual, approximate date of arrest, and case number if available.

Processing times for record requests typically range from 10-14 business days, though complex requests may require additional time as permitted under Government Code § 6253(c).

Contents of an Atherton Arrest Record

Arrest records maintained by the Atherton Police Department contain standardized information as required by California Penal Code § 13150. These records typically include the following elements:

Full legal name of the arrested individual and any documented aliases
Demographic information including date of birth, gender, and physical descriptors
Date, time, and specific location of the arrest
Statutory authority under which the arrest was made
Criminal charges filed, including applicable California Penal Code sections
Booking number and processing information
Fingerprint classification data
Photographic identification (mugshot)
Arresting officer information
Disposition information, including bail amount if applicable
Court docket number when assigned
Detention facility information if the individual was remanded to custody

Pursuant to California law, certain sensitive information may be redacted from publicly available versions of these records, including:

Social Security numbers
Driver's license numbers
Medical information protected under HIPAA
Information related to confidential informants
Details that might compromise ongoing investigations

The completeness of arrest records may vary based on the stage of the criminal justice process and whether the case remains active or has been adjudicated.

Legal Framework for Arrest Record Access

The disclosure of arrest records in Atherton is governed by a comprehensive legal framework that balances public access rights with privacy protections. The following statutes and regulations apply:

California Public Records Act (CPRA): Government Code § 6250-6270 establishes the fundamental right of access to governmental records, including those related to arrests.
Criminal Records Privacy Laws: Penal Code § 11105 and § 13300 regulate the dissemination of criminal history information and establish limitations on access.
Senate Bill 1421: Effective January 1, 2019, this legislation amended Penal Code § 832.7 to increase transparency regarding peace officer records related to serious incidents.
Assembly Bill 748: This law requires the release of audio and video recordings of "critical incidents" involving law enforcement within specified timeframes.
Federal Regulations: The FBI's Criminal Justice Information Services (CJIS) Security Policy establishes standards for the security and privacy of criminal justice information.

The Town of Atherton's transparency policies incorporate these legal requirements and establish local procedures for record access and management.

Restrictions on Arrest Record Use

Members of the public who obtain arrest records from Atherton authorities are subject to legal restrictions regarding their use. California Civil Code § 1786.18 and related statutes impose the following limitations:

Employment Decisions: Under Labor Code § 432.7, employers with five or more employees are generally prohibited from considering arrests that did not result in conviction when making hiring decisions.
Housing Applications: Landlords face similar restrictions regarding the use of arrest records in rental decisions under the Fair Housing Act and California housing laws.
Commercial Use: The sale or distribution of arrest information for commercial purposes may be subject to restrictions under Business and Professions Code § 22760.
Publication Limitations: While arrest information is public, republication that constitutes defamation may create civil liability, particularly if the information is outdated or inaccurate.

Violations of these restrictions may result in civil penalties, including statutory damages and attorney fees under applicable laws.

Expungement of Arrest Records in Atherton

Individuals seeking to clear their arrest records in Atherton must follow procedures established under California Penal Code § 851.8 (for arrests not resulting in conviction) or § 1203.4 (for convictions). The expungement process typically involves:

Determination of eligibility based on case outcome, completion of sentence, and statutory waiting periods
Filing of a Petition for Dismissal with the San Mateo County Superior Court
Payment of applicable filing fees (fee waivers available for qualifying individuals)
Court review and determination, which may include a hearing
Issuance of a court order directing relevant agencies to seal or modify records

Successful expungement results in the sealing of arrest records from public view, though the information remains accessible to law enforcement agencies and may be considered in certain licensing and employment contexts as permitted by law.

Legal assistance for expungement is available through:

San Mateo County Bar Association Legal Aid
330 Twin Dolphin Drive, Suite 123
Redwood City, CA 94065
Phone: 650-558-0915
Hours: Monday-Friday, 9:00 AM - 5:00 PM