California Government Code Section 6250 was the opening declaration of the California Public Records Act, establishing that access to information about the public’s business is a fundamental right and that every government record is open to inspection unless a specific exemption justifies withholding it.1California Legislative Information. California Code GOV 6250 Section 6250 itself was repealed effective January 1, 2023, and the same principle now appears at Section 7921.000, but the law it introduced still governs how you get records from state and local agencies in California.
What Happened to Section 6250 in 2023
If you look up Section 6250 today, you’ll find it repealed. The Legislature moved the entire Public Records Act out of the old Chapter 3.5 (Sections 6250 through 6270) and into Division 10 of the Government Code, beginning at Section 7920.2California Legislative Information. California Code GOV 7920.505 The substance is unchanged. The reorganization broke a handful of long sections into dozens of shorter ones so the Act would be easier to navigate.
If you’re drafting a request, a petition, or any legal correspondence, cite the new numbers. The most important mappings:
- Foundational declaration (old 6250): now Section 7921.000
- Definitions of “public records” and “writing” (old 6252): now Section 7920.530 and nearby provisions
- Request procedures and deadlines (old 6253): now Sections 7922.525 through 7922.535
- Exemptions (old 6254): spread across Parts 4 and 5, starting around Section 7923.600
- Public interest balancing test (old 6255): now Section 7922.000
- Court enforcement (old 6258–6259): now Sections 7923.100 and 7923.115
Older court opinions, agency guidelines, and legal commentary still use the 6250-series numbers. Those references remain useful for understanding case law, but new filings should use the 7920-series citations.
What Counts as a Public Record
The Act defines “public records” as any writing containing information related to public business that is held by a state or local agency, regardless of physical form. State agencies include every state office, department, board, and commission. Local agencies include counties, cities, school districts, and their subsidiary boards. “Writing” reaches handwriting, printouts, photographs, emails, electronic transmissions, audio recordings, and any other tangible medium.
The test is whether the record relates to public business and is held by a government body. A spreadsheet on a shared drive, an email in an agency inbox, and a handwritten note in a desk drawer all qualify.
Records don’t lose that status by sitting on a personal device. In City of San Jose v. Superior Court (2017), the California Supreme Court held that when a government employee uses a personal email account or phone to communicate about public business, those writings may be subject to disclosure under the Act.3Justia Law. City of San Jose v. Superior Court (2017) Content governs, not device.
How to Request Records
You send your request directly to the agency that holds the records. There is no central clearinghouse, so identify the right department or office first. Describe the records specifically enough that the agency can locate them. Vague requests invite delay, because the agency can legitimately ask for clarification.
Oral and written requests are both permitted. In practice, always put it in writing. Email works, and many agencies now accept requests through online portals. A written request documents exactly what you asked for and when, which matters if you later have to challenge delays or a denial.
An agency cannot require you to explain why you want the records. Journalists, business competitors, residents, and litigants have the same right of access. If an agency asks, you can decline to answer without jeopardizing the request.
How Long the Agency Has to Respond
After receiving a written request, the agency has 10 calendar days to determine whether the records are disclosable and notify you of its decision. That is the deadline for the determination, not for delivery of the records themselves.
The agency can extend that window by up to 14 additional days in unusual circumstances, such as needing to collect records from field offices, searching through a large volume of material, or consulting with another agency that has a substantial interest in the request. It must give you written notice explaining the reason and stating when it will respond.
Once the agency says the records are disclosable, the law only requires that they be produced “promptly.” There is no hard statutory deadline for delivery. Courts have found a two-week turnaround reasonable, and a three-month delay acceptable where records genuinely weren’t available sooner, while an unexplained one-month delay has drawn judicial skepticism. Follow up in writing if records don’t arrive within a few weeks of a favorable determination. A documented trail strengthens any later challenge.
What You’ll Pay
Agencies can charge for the direct cost of duplication and nothing more. They cannot bill you for staff time spent searching for records or reviewing them for exemptions.
The same direct-cost limit applies to electronic records the agency already has in a producible format.4California Legislative Information. California Code GOV 7922.575 If your request requires the agency to compile data, extract information from a database, or write programming to produce a record that doesn’t already exist in that form, you bear the full cost of that work. The same applies when an electronic record is only produced at regularly scheduled intervals and you’re asking for it off-cycle. Ask for a cost estimate before committing to a complex data request.
When Agencies Can Withhold Records
The default is disclosure, but the Act contains dozens of specific exemptions. None is a blanket category the agency can invoke casually. The burden is on the agency to justify withholding any particular record.
Preliminary Drafts and Internal Deliberations
Agencies can withhold preliminary drafts, notes, and internal memoranda only if the materials were not retained in the ordinary course of business and the public interest in withholding clearly outweighs the interest in disclosure. Once a draft becomes part of the permanent record or informs a final decision, this exemption typically falls away.
Personnel and Medical Privacy
Personnel files, medical files, and similar files are exempt when disclosure would constitute an unwarranted invasion of personal privacy.5California Legislative Information. California Code GOV 7927.700 “Unwarranted” does real work. Not every disclosure of personal information is prohibited; the agency must weigh whether the invasion is justified by the public’s need for the information. A police officer’s disciplinary record, for example, may be disclosable even though it sits in a personnel file, because the interest in accountability can outweigh the officer’s privacy interest.
Law Enforcement and Investigation Files
Records of complaints, investigations, intelligence information, and security procedures held by law enforcement agencies and the Department of Justice are generally exempt, along with investigatory files compiled by other agencies for correctional or licensing purposes.6California Legislative Information. California Government Code 7923.600 California has in recent years expanded public access to certain police personnel records, including records of officer-involved shootings and sustained findings of dishonesty or sexual assault.
The Public Interest Balancing Test
Beyond specific exemptions, the Act contains a general balancing provision. An agency can withhold a record by showing that the public interest served by nondisclosure clearly outweighs the public interest served by disclosure.7California Legislative Information. California Code GOV 7922.000 “Clearly” sets a high bar, and the agency must make the showing on the facts of the particular case rather than by blanket policy. Courts scrutinize these claims closely.
Going to Court After a Denial
The Act provides no administrative appeal. No ombudsman, no higher agency to complain to. If an agency denies your request or ignores it, your formal recourse is to file a verified petition in the superior court of the county where the records are located.8California Legislative Information. California Government Code GOV 7923.100 The court can order disclosure or require the agency to show cause for withholding.
These proceedings move quickly. Courts prioritize scheduling in records cases, the judge reviews the records at issue (sometimes in private), and the agency bears the burden of justifying its refusal.
The fee-shifting provision is the Act’s strongest enforcement tool. If you prevail, the court must award you court costs and reasonable attorney’s fees, paid by the agency.9California Legislative Information. California Code GOV 7923.115 That makes enforcement financially viable for individuals. The flip side: if the court finds your case clearly frivolous, it can order you to pay the agency’s fees and costs. That standard is high. A good-faith dispute over whether an exemption applies is not frivolous, even if you lose.
Superior court orders in these cases are reviewed by writ, not by ordinary appeal. Either party can seek review by filing a petition for an extraordinary writ in the appellate court within 20 days of being served with notice of the trial court’s order.