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San Jose Arrest Records

Are Arrest Records Public in San Jose, California?

Arrest records are public documents in San Jose, California, pursuant to the California Public Records Act (Government Code § 6250-6270). This legislation establishes that records maintained by state and local agencies, including arrest records held by the San Jose Police Department and Santa Clara County Sheriff's Office, shall be accessible to members of the public upon request. The California Public Records Act operates under the principle that governmental transparency serves the public interest and maintains accountability of public officials and agencies.

Certain exceptions to public disclosure exist under California law. Records pertaining to ongoing investigations, juvenile arrests, and cases where disclosure would constitute an unwarranted invasion of personal privacy may be exempt from public disclosure requirements. Additionally, pursuant to California Penal Code § 851.8, records of arrests that did not result in conviction may be sealed under specific circumstances.

How to Look Up San Jose Arrest Records in 2025

Members of the public seeking San Jose arrest records may utilize several official channels to obtain this information. The San Jose Police Department and Santa Clara County agencies maintain various methods for record retrieval:

In-Person Requests: Individuals may submit requests at the Records Unit of the San Jose Police Department located at 201 W. Mission Street, San Jose, CA 95110. Operating hours are Monday through Friday, 8:00 AM to 4:00 PM. Valid government-issued identification must be presented, and applicable fees must be paid at the time of request.
Online Portal Access: The Santa Clara County Superior Court's online case information system provides searchable access to criminal case information, including arrest data. Users must register for an account and may be subject to access fees in accordance with California Government Code § 68150.
Written Requests: Written applications for arrest records may be submitted to the Santa Clara County Sheriff's Records Division at 55 W. Younger Avenue, San Jose, CA 95110. Requests must include the subject's full name, date of birth, case number (if known), and a copy of the requestor's identification.
San Jose Police Department Records Division: 201 W. Mission Street San Jose, CA 95110 Phone: (408) 277-4000 San Jose Police Department Official Website
Santa Clara County Sheriff's Office Records Division: 55 W. Younger Avenue San Jose, CA 95110 Phone: (408) 808-4900 Santa Clara County Sheriff's Office Official Website

Contents of a San Jose Arrest Record

Standard San Jose arrest records contain specific information as mandated by California Penal Code § 13100-13103. These records typically include:

Subject's full legal name and any documented aliases
Demographic information including date of birth, gender, and physical descriptors
Date, time, and location of the arrest
Booking number and facility information
Enumeration of charges filed, including applicable California Penal Code sections
Arresting agency identification and officer information
Booking photographs ("mugshots")
Fingerprint classification data
Bail or bond information, including amount set and conditions
Case disposition information, if available
Warrant information, if applicable

Pursuant to California Government Code § 6254(f), certain information within arrest records may be redacted prior to public release, including confidential informant information, medical or psychological information, and details that might compromise ongoing investigations.

Expungement of Arrest Records in San Jose

California law provides mechanisms for the expungement or sealing of arrest records under specific circumstances. Pursuant to California Penal Code § 1203.4, individuals who have completed probation terms, were not sentenced to state prison, and meet other eligibility requirements may petition for expungement.

The expungement process requires filing a petition with the Santa Clara County Superior Court where the case was adjudicated. Standard procedures include:

Submission of Petition for Dismissal (form CR-180) and Order for Dismissal (form CR-181)
Payment of filing fees (currently $120-$150, with fee waivers available for qualifying individuals)
Notification to the District Attorney's Office
Judicial review and determination
Court order directing relevant agencies to update records

The Santa Clara County Superior Court processes expungement petitions at:

Santa Clara County Superior Court - Criminal Division
191 North First Street
San Jose, CA 95113
Phone: (408) 882-2700
Santa Clara County Superior Court

Pursuant to California Labor Code § 432.7, employers are generally prohibited from inquiring about arrests that did not result in conviction or convictions that have been judicially dismissed. However, expungement does not remove the record from all government databases, and certain licensing boards and government agencies may retain access to expunged records.

Limitations on Access to Arrest Records

California law imposes specific restrictions on the dissemination and use of arrest record information. Pursuant to California Civil Code § 1786.18, consumer reporting agencies are prohibited from reporting arrests that did not result in conviction after seven years from the date of entry.

Additional limitations include:

Records sealed pursuant to California Penal Code § 851.8 (factual innocence)
Juvenile arrest records (Welfare and Institutions Code § 827)
Arrests diverted under mental health diversion programs (Penal Code § 1001.36)
Arrests subject to marijuana conviction relief under Health and Safety Code § 11361.8

Government agencies must comply with privacy protections established in the California Information Practices Act (Civil Code § 1798) when maintaining and disseminating arrest record information.

Legal Uses of San Jose Arrest Records

Arrest records obtained through official channels may be utilized for specific lawful purposes as defined by California statute. Permissible uses include:

Background checks for employment in sensitive positions (subject to restrictions under Labor Code § 432.7)
Tenant screening (subject to limitations under Civil Code § 1786.18)
Professional licensing determinations
Immigration proceedings
Criminal justice agency operations
Academic research (with personally identifiable information removed)
Media reporting on matters of public interest

Misuse of arrest record information may constitute a violation of California Civil Code § 1798.53, which provides civil remedies for individuals whose privacy rights have been violated through unauthorized disclosure of personal information from government records.