Yes, arrest records are public in California, but only a defined slice of them. State law requires every police department and sheriff’s office to release basic booking information about anyone taken into custody, including the person’s name, the charges, and when and where the arrest happened. Full criminal histories, investigative files, and personal identifiers like Social Security numbers stay confidential, and arrests that never led to a conviction can often be sealed from public view entirely.
What the Public Can See
Government Code Section 7923.610 requires law enforcement agencies to disclose nine specific categories of information about any arrest to anyone who asks:1California Legislative Information. California Government Code 7923.610
- The arrested person’s full name and occupation.
- A physical description: date of birth, eye color, hair color, sex, height, and weight.
- The time, date, and location of the arrest, plus the time and date of booking.
- A factual summary of what led to the arrest.
- Every charge the person is being held on, including outstanding warrants, parole holds, and probation holds.
- The bail amount, if one has been set.
- The time and manner of release, or the facility where the person is currently held.
The statute carries one exception. An agency may withhold a specific item if releasing it would endanger someone involved in the investigation or compromise the investigation itself. For routine booking data this exception rarely applies, but it gives agencies room to hold back details in sensitive cases.
What Stays Confidential
The public-release rule covers booking-level data. Several categories of arrest-related information are off-limits to the general public.
Criminal History Records
A person’s full criminal history, often called a rap sheet, is not a public record. Penal Code Section 11105 limits access to state summary criminal history information to a specific list of recipients: courts, peace officers, district attorneys, probation and parole officers, and public defenders working on a case, among others. Government agencies can request criminal history data for employment, licensing, or certification purposes only when a statute specifically authorizes the check.2California Legislative Information. California Penal Code 11105
Local agencies follow a parallel rule under Penal Code Section 13300 for the arrest and disposition records a particular department compiles. The list of authorized recipients mirrors the state-level rules, and the statute explicitly incorporates the employer restrictions in Labor Code Section 432.7.3California Legislative Information. California Penal Code 13300
Investigative Files
Notes, analysis, witness interviews, and other material compiled during an active investigation are exempt from disclosure. Releasing them could compromise a case, endanger witnesses, or reveal police techniques. Even after a case closes, parts of an investigative file may remain confidential if they contain information covered by other exemptions, such as the identity of a confidential informant.
Personal Identifiers
Social Security numbers, driver’s license numbers, and similar personal identifiers are not part of the publicly available booking data and are not released.
Booking Photos
Booking photos are generally part of an arrestee’s record and have historically been released in response to public records requests. California has narrowed how those images circulate, however. Penal Code Section 13665 prohibits police departments and sheriff’s offices from posting booking photos on social media.4State of California Department of Justice. Legal Alert OAG-2024-05 Guidance on Sharing of Booking Photos The rule targets agencies posting mugshots to their own social accounts, where images can spread quickly before a case is resolved. It does not eliminate public access to booking photos through records requests.
How to Request Arrest Records
Contact the agency that made the arrest, usually a city police department or county sheriff’s office. Most agencies accept requests in person at a records division, by mail, or through an online portal. Include as much detail as you can: the arrested person’s full name, the approximate date of the arrest, and the agency involved. The more specific your request, the faster the agency can find the records.
Under Government Code Section 7922.535, the agency has 10 days from receipt to decide whether the records are disclosable and tell you. If unusual circumstances apply, such as searches across multiple facilities or a large volume of records, the agency can extend the deadline by up to 14 additional days with written notice explaining the delay.5California Legislative Information. California Government Code GOV 7922.535
Agencies can charge for the direct cost of copying records. Fees vary and are generally modest. Viewing records in person is free.
What Employers Can and Can’t Do With an Arrest Record
Public access to booking data does not mean an employer can hold an arrest against you. California limits employer use of arrest information sharply.
Labor Code Section 432.7 prohibits employers from asking job applicants about any arrest that did not result in a conviction. The ban covers written applications, verbal questions in interviews, and attempts to obtain the information from outside sources. An employer cannot use an arrest-without-conviction in hiring, promotion, or termination decisions. The one exception: an employer can ask about an arrest if the applicant is currently out on bail or released on their own recognizance with the case still pending.6California Legislative Information. California Labor Code 432.7
The same statute protects convictions that have been judicially dismissed under Penal Code Section 1203.4 or sealed by court order. Employers cannot ask about those either, and cannot use them in employment decisions.
When an employer uses a third-party background screening company, the federal Fair Credit Reporting Act adds another layer. The employer must give you a standalone written notice that a report may be used and get your written permission before ordering it. If the employer plans to take negative action based on the report, you get a copy of the report and a summary of your rights before the decision is final, so you can dispute inaccuracies.7Federal Trade Commission. Using Consumer Reports: What Employers Need to Know The Federal Trade Commission has flagged the inclusion of sealed or expunged records in a screening report as a sign that a screening company’s accuracy procedures may be inadequate.8Federal Trade Commission. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting Act
Sealing an Arrest That Didn’t Lead to a Conviction
If your arrest did not result in a conviction, you can petition to seal it under Penal Code Section 851.91 so it no longer appears in public searches or most background checks.
Who Qualifies
You can petition if your arrest did not lead to a conviction. That includes situations where no charges were filed and the statute of limitations has expired, charges were filed but dismissed and cannot be refiled, or you were acquitted at trial. You are not eligible if:
- You could still be charged with the underlying offense.
- The arrest involved murder or another offense with no statute of limitations, unless you were acquitted or found factually innocent.
- You intentionally evaded prosecution, such as by fleeing the jurisdiction or committing identity fraud.
How to File
File a verified petition in the court where the criminal case was heard, or, if no case was filed, in a court with criminal jurisdiction in the city or county of the arrest. The petition must include your name, date of birth, the date of the arrest, the city and county where it happened, and the arresting agency. Serve a copy on both the prosecuting attorney and the arresting agency at least 15 days before the hearing.
For most arrests, the court must grant the petition once it confirms eligibility. For arrests involving domestic violence, child abuse, or elder abuse, the court has discretion to deny the petition if your record shows a pattern of similar arrests or convictions, unless you show that sealing is in the interests of justice.10California Courts. Information on How to File a Petition to Seal Arrest and Related Records
A separate path exists for people who completed a prefiling diversion program instead of being formally charged. Penal Code Section 851.87 allows you to petition to seal that arrest, and once the order is granted you can legally state that you were not arrested for that offense. One caveat: if you later apply for a job as a peace officer, you must still disclose the arrest.11California Legislative Information. California Penal Code PEN 851.87
Who Can Still See a Sealed Record
Sealing takes an arrest out of public view but does not erase it from every system. Under Penal Code Section 851.92, criminal justice agencies keep full access to sealed arrest records and can use them in the regular course of their duties. That includes courts, police officers, prosecutors, probation and parole officers, public defenders, correctional officers, and investigators or experts working under contract with a prosecutor or defense attorney. These agencies can share sealed records with each other and reference them in open court and unsealed filings.12California Legislative Information. California Penal Code PEN 851.92 For private employers, landlords, and the general public, a sealed record is treated as if it does not exist, and private background check companies are not permitted to report it.
Sealing Is Not the Same as Expungement
Mixing these two up is one of the most common mistakes people make, and they apply to different situations.
Sealing under Penal Code Section 851.91 applies to arrests that did not result in a conviction. Once sealed, the record is hidden from public view and most background checks, and criminal justice agencies are the only ones who can still see it.
What California calls expungement is technically a dismissal under Penal Code Section 1203.4, and it applies to convictions, not arrests. After you complete probation, or the court grants early termination, you can petition to have the guilty plea or verdict withdrawn and the case dismissed. The dismissal goes on your record but does not hide the record from public view the way sealing does. The original case file remains accessible. The dismissal also does not relieve you of the obligation to disclose the conviction when applying for public office or for a license issued by a state or local agency.13California Legislative Information. California Penal Code 1203.4
If a background check is turning up a record you believe should no longer appear, the Judicial Council’s self-help resources explain how to petition the court directly rather than wait on administrative processes.14California Courts. Clean Your Record