Arrest records are public documents in Daly City, California, pursuant to the California Public Records Act (Government Code § 6250-6270). This legislation establishes that records created, used, or maintained by public agencies in the course of conducting public business are subject to public disclosure. The Daly City Police Department, as a public agency, maintains arrest records that fall under this provision. The California Constitution, Article I, Section 3(b)(1) further reinforces the public's right to access information concerning the conduct of government operations.
Members of the public may access these records to promote transparency in law enforcement activities and maintain accountability of public officials. However, certain information within arrest records may be redacted or withheld in accordance with Government Code § 6254, which provides exemptions for personal privacy, ongoing investigations, and juvenile records. The determination of which information is subject to disclosure is made on a case-by-case basis by the custodian of records.
The Daly City Police Department maintains arrest records and provides several methods for public access. Individuals seeking arrest record information may utilize the following procedures:
Submit a Public Records Act request in person at the Daly City Police Department Records Division, located at 333 90th Street, Daly City, CA 94015. The Records Division is open Monday through Friday, 8:30 AM to 5:00 PM.
Mail a written request to: Daly City Police Department, Records Division, 333 90th Street, Daly City, CA 94015.
Contact the Records Division by telephone at (650) 991-8119 for preliminary information about the records request process.
Access the San Mateo County Superior Court's online case system for information about court proceedings related to arrests.
Requestors should provide specific information to facilitate the search, including the full name of the subject, date of birth, approximate date of arrest, and case number if available. Pursuant to Government Code § 6253(b), agencies may charge fees for duplication costs but not for the search and retrieval of records.
Daly City arrest records typically contain comprehensive information about the arrest incident and the individual taken into custody. Standard components of these records include:
The level of detail in arrest records may vary depending on the nature of the offense and the stage of the criminal justice process. Records pertaining to ongoing investigations may contain redactions pursuant to Government Code § 6254(f).
California law provides mechanisms for the expungement or sealing of arrest records under specific circumstances. Individuals seeking expungement in Daly City must petition through the San Mateo County Superior Court system. The primary statutory authorities governing expungement include:
The expungement process typically requires filing a petition with the court that handled the original case. Petitioners may need to appear at a hearing where a judge will determine eligibility based on statutory criteria. If granted, expungement does not completely destroy records but changes their status to reflect the dismissal of charges.
The San Mateo County Superior Court processes expungement petitions at:
San Mateo County Superior Court
400 County Center
Redwood City, CA 94063
(650) 261-5100
Superior Court of California, County of San Mateo
While arrest records are generally public, several statutory and regulatory limitations restrict access to certain information. These limitations include:
Juvenile arrest records are confidential pursuant to Welfare and Institutions Code § 827 and § 828, with limited exceptions for specific agencies and individuals with legitimate interest.
Records pertaining to domestic violence victims, sexual assault victims, and certain other protected classes may have personal identifying information redacted under Government Code § 6254(f)(2).
Arrests that did not result in conviction may be subject to sealing under Penal Code § 851.91, limiting public access after the sealing order is granted.
Health information protected under the Health Insurance Portability and Accountability Act (HIPAA) may be redacted from arrest records.
Information that would compromise an ongoing investigation may be temporarily withheld under Government Code § 6254(f).
Law enforcement agencies must balance the public's right to information against privacy interests and investigative needs when responding to requests for arrest records.
Information obtained from Daly City arrest records is subject to legal restrictions regarding its use. The California Civil Code § 1786.18 and federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) govern how arrest record information may be used, particularly in employment and housing contexts. Key provisions include:
Employers with five or more employees are prohibited from inquiring about arrests that did not lead to conviction (Labor Code § 432.7).
Consumer reporting agencies may not report arrests older than seven years unless certain exceptions apply (Civil Code § 1786.18).
Housing providers receiving federal funding must follow HUD guidance on the use of criminal records in housing decisions to avoid disparate impact liability.
Private individuals obtaining arrest records may not use the information for harassment, intimidation, or fraudulent purposes.
Misuse of arrest record information may result in civil liability under various state and federal statutes, including potential penalties under California's Unfair Competition Law (Business and Professions Code § 17200).