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.
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
Standard San Jose arrest records contain specific information as mandated by California Penal Code § 13100-13103. These records typically include:
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.
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:
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.
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:
Government agencies must comply with privacy protections established in the California Information Practices Act (Civil Code § 1798) when maintaining and disseminating arrest record information.
Arrest records obtained through official channels may be utilized for specific lawful purposes as defined by California statute. Permissible uses include:
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.