Arrest records are public documents in Santa Clara County, California, pursuant to the California Public Records Act (Government Code § 6250-6270). This legislation establishes that records maintained by state and local agencies shall be accessible to the public upon request, with certain statutory exceptions. Law enforcement agencies within Santa Clara County, including the Sheriff's Office and municipal police departments, maintain arrest records as part of their official duties. These records document interactions between law enforcement and individuals suspected of criminal activity.
The California Constitution, Article I, Section 3(b)(1), further reinforces public access to governmental records: "The people have the right of access to information concerning the conduct of the people's business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny." This constitutional provision underscores the fundamental principle that governmental transparency serves the public interest and promotes accountability within the criminal justice system.
Santa Clara County provides multiple electronic platforms through which members of the public may access arrest record information. The Santa Clara County Superior Court maintains an online case information system where criminal case records, including information about arrests that led to formal charges, may be accessed by the public. Additionally, the Santa Clara County Sheriff's Office provides an inmate lookup service that contains information about currently incarcerated individuals and their arrest circumstances.
It should be noted that online records may not contain comprehensive arrest information. Pursuant to California Penal Code § 13300-13302, certain arrest information may be subject to restricted access based on case disposition, elapsed time since arrest, or other statutory factors. Furthermore, arrests that did not result in formal charges or convictions may have limited availability in public databases in accordance with California law regarding the dissemination of criminal history information.
Santa Clara County Superior Court
191 North First Street
San Jose, CA 95113
408-882-2700
Santa Clara County Superior Court Criminal Records
Members of the public seeking arrest records in Santa Clara County may utilize several official channels to obtain this information. The following methods are available for conducting arrest record searches:
In-person requests may be submitted at the Records Division of the Santa Clara County Sheriff's Office or at municipal police departments within the county. Requestors should be prepared to provide identifying information about the subject of the search, including full name and date of birth if available.
Electronic access is available through the Santa Clara County Superior Court's online case information system, which provides information about criminal cases, including arrest details for cases that proceeded to court.
Written requests may be submitted to the appropriate law enforcement agency by mail. Such requests should include the requestor's contact information, specific information sought, and any available identifying details about the subject of the search.
The Sheriff's Office maintains an online inmate locator system that provides information about currently incarcerated individuals, including their booking information and charges.
Pursuant to Government Code § 6253(b), agencies may charge fees to cover the direct costs of duplication when providing physical copies of arrest records. Electronic access fees may also apply for certain database searches.
Santa Clara County Sheriff's Office Records Division
55 West Younger Avenue
San Jose, CA 95110
408-808-4900
Santa Clara County Sheriff's Office
Arrest records maintained by Santa Clara County law enforcement agencies typically contain the following categories of information as prescribed by California Penal Code § 13100-13103:
Biographical information of the arrested individual, including full legal name, known aliases, date of birth, physical description, and, when available, fingerprint identification number
Temporal and geographical details of the arrest, including date, time, and location where the apprehension occurred
Statutory violations alleged at the time of arrest, including California Penal Code sections and descriptions of the alleged offenses
Booking photographs ("mugshots") taken during the processing of the arrested individual
Biometric data collected during booking, including fingerprints and, in some cases, DNA samples as authorized by law
Arresting agency information, including the name of the law enforcement department and, in some instances, the arresting officer's identification number
Case disposition information, when available, indicating whether the arrest resulted in formal charges, prosecution, conviction, dismissal, or other resolution
It should be noted that pursuant to California law, certain sensitive information may be redacted from publicly available arrest records, including the personal information of victims, witnesses, or juveniles; medical or mental health information; and information that might compromise ongoing investigations.
California Penal Code § 851.8 and § 1203.4 provide mechanisms through which eligible individuals may petition for the expungement or sealing of arrest records in Santa Clara County. The expungement process varies based on case disposition and other factors:
For arrests that did not result in charges or convictions, individuals may petition for a finding of factual innocence under Penal Code § 851.8. If granted, this petition results in the sealing and eventual destruction of arrest records.
For convictions, Penal Code § 1203.4 allows individuals who have successfully completed probation to petition for dismissal of the conviction. While this does not completely remove the record from all databases, it does result in the case being dismissed and may limit disclosure requirements in certain contexts.
The Clean Slate Program operated by the Santa Clara County Public Defender's Office assists eligible individuals with the expungement process. Eligibility criteria include:
Certain serious offenses, including some sex offenses and violent felonies, may have limited eligibility for expungement under California law.
Santa Clara County Public Defender's Office
120 West Mission Street
San Jose, CA 95110
408-299-7700
Santa Clara County Public Defender