California’s SB 16 expanded public access to police personnel records by amending Penal Code sections 832.7 and 832.5, so that sustained findings of excessive force, dishonesty, discrimination, sexual assault, failure to intervene, and unlawful arrests or searches are now disclosable through a California Public Records Act request. The law took effect January 1, 2022, and built on SB 1421, which had already opened records involving firearm discharges and serious uses of force. You do not need a court order or a lawyer to ask for these files. You send a request to the agency that employed the officer.
What SB 16 Made Public
The amended Penal Code 832.7 lists the categories of personnel records that agencies can no longer keep confidential:
- Any record of an officer discharging a firearm at a person, or using force that caused death or great bodily injury. These were already public under SB 1421.
- Sustained findings that an officer used unreasonable or excessive force.
- Sustained findings that an officer failed to intervene while another officer used clearly unreasonable or excessive force.
- Sustained findings that an officer committed sexual assault against a member of the public.
- Sustained findings of dishonesty by an officer in connection with reporting, investigating, or prosecuting a crime, or investigating misconduct by another officer. This covers false statements, falsified reports, concealed evidence, and perjury.
- Sustained findings of prejudice or discrimination based on race, religion, gender, sexual orientation, disability, or other protected characteristics.
- Sustained findings that an officer conducted an unlawful arrest or search.
A sustained finding means the agency or an oversight body concluded, after investigation, that the allegation was supported by the evidence. Unsubstantiated complaints do not become public through this process.1California Legislative Information. California Penal Code 832.7
The dishonesty category has particular weight in criminal cases. Under the Brady doctrine, prosecutors must disclose information that could impeach a witness’s credibility, and an officer with a sustained dishonesty finding may land on what is commonly called a Brady list. SB 16 moved those records out of confidential personnel files and into the public record.1California Legislative Information. California Penal Code 832.7
Incidents Before 2022
SB 16’s new categories apply retroactively. Agencies must release qualifying records even when the underlying incident happened before January 1, 2022. The legislature built in a one-year grace period: for incidents predating the law, agencies were not held to the normal production deadlines until January 1, 2023. After that date, older records are treated the same as any current request.2California Legislative Information. California SB 16 – Peace Officers Release of Records
How Long Agencies Must Keep the Records
SB 16 amended Penal Code 832.5 to set minimum retention periods. The length depends on the outcome of the investigation:
- Records from investigations resulting in a sustained finding must be kept for at least 15 years.
- Records from investigations without a sustained finding must be kept for at least five years.
These minimums cover complaints and all related reports or findings, including records already in an agency’s possession when the law took effect.2California Legislative Information. California SB 16 – Peace Officers Release of Records
An agency cannot destroy a record that is the subject of an active public records request, pending litigation, or an ongoing investigation, even if the retention period has otherwise expired.
How to Request the Records
You do not need to explain why you want the records. A workable request identifies the agency, names the officer or describes the incident with enough detail that staff can locate the file, invokes the California Public Records Act, and names the SB 16 category you are seeking, such as sustained findings of excessive force or dishonesty. Naming the category reduces the chance the agency claims the request is too vague.
Include your full contact information and ask for a fee estimate before processing starts. Most agencies accept requests by mail, email, or online portal. Send yours in a form that creates a paper trail, whether certified mail or a confirmed email, so you can later prove when the agency received it.
Agencies can withhold specific exempt information, but not whole documents. Any reasonably separable portion of a record must be released once exempt material is redacted. SB 16 also expanded authority to redact for the protection of victims and whistleblowers. Fees are limited to the direct cost of duplication, such as photocopies or digital transfer, and cannot include staff time for locating or reviewing files.3California Legislative Information. California Government Code 7922.530
When the Agency Must Respond
Under Government Code 7922.535, an agency has 10 days from receiving your request to determine whether it has disclosable records and to tell you. If records exist, the agency must also give you an estimated date for when they will be available.4California Legislative Information. California Government Code 7922.535
In unusual circumstances, such as a large volume of responsive files or records held at a separate location, the agency may extend the initial 10-day window by up to 14 additional days. The extension notice must explain the reason and give a specific date for the response.4California Legislative Information. California Government Code 7922.535
Records covered by Penal Code 832.7 carry a separate production deadline. The agency must provide the actual documents at the earliest possible time, and in no event later than 45 days from the date of the request. That 45-day cap applies unless the law specifically permits further delay, such as during an active criminal or administrative investigation.1California Legislative Information. California Penal Code 832.7
Keep copies of every message you send and receive. If the agency misses a deadline without explanation, that record is what you will rely on.
What SB 16 Does Not Replace
SB 16 did not eliminate the Pitchess motion, the court process codified at Evidence Code sections 1043 through 1045 for obtaining officer personnel records in litigation. The statute states that it does not affect discovery under Evidence Code 1043 or supersede the criminal discovery process. Pitchess remains the route for personnel records that fall outside the SB 16 categories, and for situations where litigation calls for more detailed or less redacted files than a public records request would produce.2California Legislative Information. California SB 16 – Peace Officers Release of Records5California Legislative Information. California Evidence Code 1043
If the Agency Refuses
When an agency denies a request or lets the deadlines pass without responding, the California Public Records Act lets you file a petition in court to compel disclosure. If you prevail, the agency can be ordered to pay your attorney fees and court costs. That fee-shifting rule gives agencies a direct financial reason to comply.
Before filing, a follow-up letter that cites the missed deadlines and the specific statutes often resolves the matter. Agencies know how fee-shifting works, and most would rather produce late than defend a losing case. If the refusal continues, the communications you kept become the foundation of the petition.