Fresno County, California Arrest Records
Fresno County arrest records are official documents that contain information about individuals who were apprehended and taken into custody by local law enforcement agencies. They are typically created by the arresting agency, usually the Fresno County Sheriff’s Office or a municipal police department, after arrestees are booked. Generally, these records ensure that arrests are properly documented, allowing for future review and promoting transparency in government operations.
In Fresno County, arrest records are also important components of official records generated by certain government agencies, such as local and state criminal history records. Although arrest records are subject to the California Public Records Act (CPRA), the release of local and state criminal history records is governed by separate laws (i.e., California Penal Code § 11105).
Are Arrest Records Public Information in Fresno, California?
Under the California Public Records Act (CPRA), codified in the California Government Code (GOV) §§ 7920.000 - 7931.000, arrest records are presumed to be public information. The Act establishes the public’s right to access records generated and maintained by government agencies relating to the conduct of public business, including arrests. Thus, Fresno County arrest records are usually available to the public upon request.
Notwithstanding, the CPRA is not absolute. Certain records and information are exempt from public access under the act and other applicable laws. For instance, Social Security Numbers are redacted from records before they are released to the public per GOV § 7922.200. Juvenile arrest records are also protected from public access under Rule 5.552 of the California Rules of Court. Similarly, sealed records are also inaccessible to the general public.
Fresno County Arrest Search
One way to access Fresno County arrest records is by conducting a criminal background check through the California Department of Justice (DOJ). The DOJ is the statewide repository of criminal records. As a result, law enforcement agencies, probation departments, district attorney offices, and courts across California, including Fresno County, submit arrest records and corresponding disposition information they generate to the DOJ. In turn, the DOJ compiles this information into criminal history records, also known as RAP sheets, for individuals. However, these records are not public and are only released for law enforcement and regulatory (employment and licensing) purposes.
Notwithstanding, individuals have the right to request their own criminal history record from the DOJ. They must submit their fingerprint images and pay a $25 processing fee to facilitate their request. Generally, the procedure for making a criminal history record request differs depending on whether the applicant is a California resident or an out-of-state resident.
California residents must submit live scan fingerprints using the BCIA 8016RR form (also available in Spanish). The form must be completed and submitted to a live-scan site for fingerprinting. The DOJ provides detailed instructions for completing the form (also available in Spanish) and an online directory of active Live Scan locations. It is worth noting that there are more than 30 live scan locations in Fresno County.
Conversely, out-of-state residents may use the BCIA 8705 form (also available in Spanish). They must also contact their local law enforcement agency to obtain fingerprinting services and a fingerprint card. Subsequently, they may mail their completed application, fingerprint card, and processing fee (via personal check drawn on a U.S. bank, money order, or certified check made payable to "California Department of Justice.") to:
California Department of Justice
Bureau of Criminal Identification and Analysis
Record Review & Challenge Section
PO BOX 160207
Sacramento, CA 95816-0207
On the other hand, arrest information for individuals who were arrested and booked in a state correctional facility is accessible through the California Department of Corrections and Rehabilitation (CDCR) Incarcerated Records and Information Search (CIRIS) website. The CIRIS website is a free public service tool that allows users to search for state inmates by name or CDCR number. Meanwhile, arrest information for federal inmates is searchable through the Federal Bureau of Prisons (BOP) Inmate Locator portal.
Fresno County Inmate Locator
In Fresno County, California, a convenient way to find arrest records is by using the Incarcerated Person Search portal provided by the county Sheriff’s Office. It provides general information about individuals who are currently held in the county jail. The portal is free and searchable by name or booking number. It typically provides the following information about county inmates:
- Inmate’s full name
- Date of birth and age
- Physical features, including sex, race, height, weight, hair color, and eye color
- Person ID
- Booking number
- Arrest date and time
- Booking date and time
- Arresting agency
- Housing location
- Agency case
- Charges.
Active Warrant Search in Fresno County
An arrest warrant is a court order authorizing law enforcement officers to arrest and detain an individual for an alleged offense or filed charges. Per the California Penal Code (PEN) § 813, an arrest warrant may be issued by a magistrate, judge, or justice pursuant to a complaint filed by a peace officer or a district attorney or after a grand jury indictment. Arrest warrants typically contain the following information:
- The defendant’s name (if known)
- The alleged offense or charges against the defendant
- The Issuance time and date
- The city or county of issuance
- The bail amount (if applicable)
- The issuing authority’s signature and title
- The name of the court.
Unfortunately, there are no official online resources that individuals may use to find information about active arrest warrants in Fresno County. Nonetheless, interested persons may call the Fresno County Sheriff’s office at (559) 600-8402 to find out if someone has a warrant. They must provide the subject’s name and date of birth to facilitate their search.
How to Find Arrest Records for Free in Fresno County
Interested persons may conduct a free search for Fresno County arrest records by using the county Sheriff’s Office Incarcerated Person Search portal. It is searchable by name or booking number and offers basic arrest information about individuals booked at the county jail.
Fresno County Arrest Report
A Fresno County arrest report is a detailed document that describes the circumstances surrounding an arrest. It is prepared by the arresting officer after an arrest and contains the officer’s account of the incident, any witness statements, and other pertinent information. Due to the sensitive information they may contain, arrest reports are typically not public and are only released to eligible parties, such as victims, authorized representatives, and insurance companies.
By comparison, an arrest record is an official document that contains factual information about an arrest. These include, but are not limited to, the arrest date and time, booking number, booking date and time, and arresting agency details. An arrest record is usually created during an arrestee’s booking. These records are public and are used as summary entries in custodial and case management systems, such as the Fresno County Sheriff’s Office Incarcerated Person Search portal.
How to Get an Arrest Record Expunged in Fresno County
In Fresno County, an arrest record may be sealed or expunged under applicable state laws. The difference between expunging and sealing records is that expunged records are essentially erased and treated like they never existed. Meanwhile, sealed records are hidden from public view but remain accessible to criminal justice agencies.
California Penal Code § 1203.4 governs the process of applying for expungement in Fresno County. Under the code, only defendants convicted of certain misdemeanors or felonies, or those sentenced to probation or given an AB 109 sentence, are eligible to file for expungement. Eligible individuals may petition for arrest record expungement using Fresno County’s Expungement Self-Help Packet. The packet contains required petition forms, such as CR-180, CR-181, and MC-210, and instructions about petitioning for expungement.
On the other hand, arrest records may be eligible for sealing provided the defendant was:
- Arrested, but the prosecutor failed to file criminal charges within the required timeframe.
- Charged with a crime, but their case was dismissed and cannot be refiled.
- Not found guilty of all charges filed against them.
- Convicted, but their conviction was overturned on appeal, and the case cannot be refiled.
California Penal Code § 851.8 and 851.91 govern the process for petitioning for expungement. The latter (Penal Code § 851.8 ) allows for the sealing of misdemeanor and felony arrest records for adults. Meanwhile, the former (Penal Code § 851.91) permits the sealing of arrest records for individuals who were found factually innocent.
Eligible individuals may petition to have their arrest record sealed under Penal Code § 851.8 using Form BCIA 8270. They must complete the form and submit the following places:
- The arresting agency (if no charges were filed).
- The city or district attorney’s office serving the area where the arrest took place.
- The Fresno County Superior Court (if they were charged with an offense but later acquitted or had charges dismissed).
Conversely, eligible individuals may petition to have their arrest record sealed under Penal Code § 851.91 using Form CR-409. Instructions for completing and filing the form are available in Form CR-409-INFO. It is worth noting that interested persons can direct all questions about sealing and expunging juvenile arrest records by contacting the Fresno County Juvenile Delinquency Division at (858) 974-5757.
How Do You Remove Fresno County Arrest Records From the Internet?
Individuals may remove their Fresno County arrest records from the internet by doing any of the following:
- Petition to seal or expunge the record: This entails ascertaining whether the record qualifies for expungement or sealing under applicable state laws and filing the appropriate petition with the relevant government agencies. Once an arrest record gets sealed or expunged, government agencies and third-party websites are legally required to make the record inaccessible to the public. In cases where a sealed or expunged record is found on a third-party website, the record holder may submit their expungement or seal order to compel its removal.
- Submit opt-out requests: Most third-party background check websites allow individuals to submit opt-out requests to have their public records removed from their database. They usually offer an online request form or a phone number individuals may use to make an opt-out request.
What Do Public Fresno County Arrest Records Contain?
Public Fresno County arrest records usually contain the following information:
- The arrestee’s general information: full name, date of birth, and age
- Physical description: sex, race, hair color, eye color, height, and weight
- Arrest details: arrest date, time, and arresting agency
- Booking information: booking number, booking date and time, and housing location
- Charges details: description, authority, level, and case number
- Bail amount.