California Free Public Records

By Christopher Evans


For the public's information, CA public records are the public's property and as such, it is the right of every individual to access the reports. Under the CPRA or the California Public Records Act, public records are any writings (such as but not limited to - handwritten, typed, photocopied, e-mailed and recordings) that any government agencies has in their possession and concerning the public. The CPRA was enacted to ensure that employees of the State, the local agencies and other government entities are held accountable. All records are open to the public during the working hours of the government office where the request is to be made.

Under Sec. 6252 (e) of the CPRA, records that are accessible by the public are records that (a) are made by the government for the public business and (b) were placed in the Office of the Governor on or after Jan. 6, 1975. Records are available from different State agencies including the State's Bureau, offices, departments, local municipalities, counties, and agencies authorized by the government.

Although the State of California made access to public records a right for every individual, there are certain records that are excluded from the public. These records, according to the Government code 6255, are records of which the public disclosure is detrimental to the public interest and thus are restricted. Aside from this, other exclusions include the following: (a) reports or records that are pending litigation, (b) records that would constitute to invasion of one's privacy, (c) memoranda or drafts (d) banking regulations, (e) records by law enforcement agencies which include intellectual and confidential information, (f) records pertaining to tax information, (g) employee relations, (h) library circulation report and (i) internal security report. The personal information of the State's employees is also restricted from the public and only accessible by the State's agent as pursuant to Sec. 6254.3 (a) of the government code.

To get a copy of the reports, one can check out the website of the agency that one wants to obtain a report from. Each agency has their own set of guidelines and forms as well as fees. Some agencies can accommodate phone-in requests, however, in certain cases, submitting a form with the request is easier as one can receive the information within 10 days after the request was made. In certain cases, walk-ins are also much faster as the documents are available for the public during the operation hours of the agency. Fees are also cheaper when one requests copies personally. The state allows the agencies to set fees and other statutory fees to cover the expense, which can include photocopy services.

In certain cases, the agency might not be able to accommodate the request made. Some reasons that the agency might give to the person requesting the information would be - (a) records are located in different office, (b) the request volume would require longer time to finish, (c) the reports would need to be discussed with other departments before being released and (d) the reports might require computer expertise to be retrieved.

For those who want to gain access to government public records without having to walk in personally to the State's agencies, they might want to try searching for these records online. Many sites do offer public records for free or for a minimal fee. Samples of records would include marriage, birth and death records.




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