Yes, arrest records are public in California, but only a specific slice of them. Under Government Code Section 7923.610, every law enforcement agency in the state has to release basic booking information about anyone it arrests: name, charges, when and where the arrest happened, and a few related details. Full criminal histories, investigative files, and personal identifiers like Social Security numbers stay confidential. And if your arrest never led to a conviction, you can petition to have even the public booking record sealed.
What Anyone Can Look Up
Government Code Section 7923.610 lists nine categories of arrest information that agencies must disclose to any member of the public who asks:
- The arrested person’s full name and occupation.
- Physical description: date of birth, eye color, hair color, sex, height, and weight.
- The time, date, and location of the arrest.
- The time and date of booking.
- A factual summary of the circumstances leading to the arrest.
- Every charge the person is being held on, including outstanding warrants and parole or probation holds.
- The bail amount, if set.
- The time and manner of release, or the facility where the person is currently held.
The statute carves out one exception. An agency can withhold a specific item if disclosing it would endanger someone connected to the investigation or compromise the investigation itself. For routine booking data this exception is rarely used, but it gives agencies discretion in sensitive cases.1California Legislative Information. California Government Code 7923.610
What Stays Private
The public disclosure rule stops at booking-level data. Several categories of arrest-related information are not available to the general public.
Rap Sheets
A person’s full criminal history, commonly called a rap sheet, is not a public record in California. Penal Code Section 11105 limits state summary criminal history information to a specific list of authorized recipients: courts, peace officers, district attorneys, probation and parole officers, and public defenders working on a case. Government agencies can also request it for employment, licensing, or certification purposes, but only when a statute specifically authorizes the check.2California Legislative Information. California Penal Code 11105
Investigative Files
Notes, witness interviews, analytical work, and other material compiled during an investigation are exempt from public disclosure. Even after a case closes, portions of a file may remain confidential if they reveal, for example, the identity of a confidential informant.
Personal Identifiers
Social Security numbers, driver’s license numbers, and similar identifiers are not part of the public booking data and are exempt from disclosure.
Booking Photos on Social Media
Booking photos have traditionally been part of the record released to the public. California has since narrowed how those images circulate: Penal Code Section 13665 prohibits police departments and sheriff’s offices from sharing booking photos on their social media accounts. This does not eliminate public access to booking photos, but it stops agencies from proactively broadcasting them.3State of California Department of Justice. Legal Alert OAG-2024-05 Guidance on Sharing of Booking Photos
How to Request the Public Portion
To obtain the public booking information, contact the agency that made the arrest, usually a city police department or county sheriff’s office. Most agencies accept requests in person at their records division, by mail, or through an online portal. Give as much identifying detail as you can: the person’s full name, the approximate date of the arrest, and the arresting agency.
Under Government Code Section 7922.535, the agency has 10 days from receipt to decide whether the records are disclosable and to notify you. In unusual circumstances, such as when the search covers multiple facilities or a large volume of records, the agency can extend that by up to 14 additional days, but it has to send you written notice explaining the delay. Agencies can charge you for the direct cost of copying. You will not be charged simply to view records in person.4California Legislative Information. California Government Code GOV 7922.535
Can Employers Use Your Arrest Record
Public does not mean fair game for employment decisions. Labor Code Section 432.7 prohibits California 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 any attempt to dig up the information from outside sources. An employer also cannot use an arrest-without-conviction as a factor in hiring, promotion, or termination.
There is one exception: an employer may ask about an arrest if the applicant is currently out on bail or their own recognizance and the case is still pending. The same statute also protects convictions dismissed under Penal Code Section 1203.4 or sealed by court order. Employers cannot ask about those and cannot use them in employment decisions.5California Legislative Information. California Labor Code 432.7
When an employer uses a third-party background screening company, the federal Fair Credit Reporting Act adds a second layer. Before ordering a report, the employer must give you a standalone written notice and get your written permission. If the employer decides not to hire you (or takes any other adverse action) based on the report, they have to give you a copy and a summary of your rights before making the decision final, so you can dispute inaccuracies.6Federal Trade Commission. Using Consumer Reports: What Employers Need to Know
The screening companies themselves have to follow reasonable procedures to ensure maximum accuracy. The Federal Trade Commission has specifically flagged the inclusion of sealed or expunged records on a report as a sign that a company’s accuracy procedures may be inadequate.7Federal 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 produce a conviction, Penal Code Section 851.91 lets you petition the court to seal the record. Once sealed, the arrest is hidden from public view and from most background checks.
You qualify if no charges were filed and the statute of limitations has expired, if charges were filed but later dismissed and cannot be refiled, or if you were acquitted at trial. You do not qualify 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, for example by fleeing the jurisdiction or by committing identity fraud.
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 where the arrest happened. The petition must include your name, date of birth, the date of the arrest, the city and county where it occurred, and the arresting agency. You must serve a copy on both the prosecuting attorney and the arresting agency at least 15 days before the hearing.8California Legislative Information. California Penal Code PEN 851.91
For most arrests, the court has to grant the petition as a matter of right once eligibility is confirmed. Arrests involving domestic violence, child abuse, or elder abuse are treated differently: if your record shows a pattern of similar arrests or convictions, the court has discretion to deny the petition unless you show that sealing is in the interests of justice.9California Courts. Information on How to File a Petition to Seal Arrest and Related Records
Who Can Still See a Sealed Record
Sealing removes your arrest from public view. It does not wipe the record from every system. Under Penal Code Section 851.92, criminal justice agencies keep full access and can use sealed records in the ordinary 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 in unsealed filings.10California 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. Private background check companies are not permitted to report it.
Sealing Is Not the Same as Expungement
These two remedies get mixed up constantly, and they cover different situations.
Sealing under Penal Code Section 851.91 applies to arrests that did not result in a conviction. The record is hidden from public view.
What Californians call 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 withdraw the guilty plea or verdict and have the case dismissed. The dismissal goes on your record but does not hide the case file the way sealing does. It also does not relieve you of the duty to disclose the conviction when applying for public office or for a license issued by a state or local agency.11California Legislative Information. California Penal Code 1203.4
If you’re trying to clear an arrest, you want sealing. If you’re trying to address a conviction, you’re looking at dismissal or the automatic relief programs that apply to convictions.