San Luis Obispo County, California Arrest Records
San Luis Obispo County arrest records are formal documents that contain detailed information about arrests conducted by local law enforcement agencies. Following an arrest, the arresting agency, usually a local law enforcement agency, is responsible for creating and maintaining an arrest record to preserve pertinent details about the incident. Some notable examples of San Luis County local law enforcement agencies include the San Luis Obispo County Sheriff's Office and municipal police departments, such as the San Luis Obispo Police Department and Paso Robles Police Department.
Besides serving as an official means of documenting an arrest and facilitating public review of law enforcement agencies' actions, arrest records are also essential to creating other official records. Some examples include criminal history records compiled by the California Department of Justice (DOJ) and crime statistics (crime mapping) provided by the San Luis Obispo County Sheriff's Office. However, these records are subject to separate laws. Generally, the California Public Records Act controls public access to arrest records. Meanwhile, California Penal Code § 11105 governs the release of the DOJ’s criminal history records.
Are Arrest Records Public Information in San Luis Obispo, California?
Yes. California Public Records Act (CPRA), codified in California Government Code (GC) §§ 7920.000 - 7931.000, states that every person has the right to access records maintained by government agencies pertaining to public business. In particular, GC § 7923.610 requires state and local law enforcement agencies across California, including those in San Luis Obispo County, to release certain arrest information to the public. However, agencies may withhold information that would jeopardize the safety of a person involved in an investigation or compromise the successful completion of an investigation.
The provisions of the CPRA do not only apply to state residents. Additionally, there are no statutory requirements to provide identification to access public arrest records. As a result, anyone may access public arrest records in San Luis Obispo County. Aside from confidential records, individuals are also not required to present any form of identification to access public arrest records.
What Do Public County Arrest Records Contain?
Public arrest records in San Luis Obispo County typically contain the following information:
- The arrestee’s full name
- The arrestee’s physical description, including their date of birth, height, weight, eyes, and hair color.
- The date and time of arrest
- The date and time of booking
- The arrest location
- The set bail amount (if applicable)
- The arrestee’s charges
- The time and manner of release or the name of the holding facility.
Note: Certain records and information are exempt from public disclosure under the California Public Records Act (CPRA) and other applicable state and federal laws. These include, but are not limited to:
- Sealed or expunged records.
- Juvenile arrest records under Rule 5.552 of the California Rules of Court.
- Sensitive personal information, such as Social Security (SSN) per Cal. GC §§ 7922.200 to 7922.210.
San Luis Obispo County, California Arrest Search
Record seekers may locate San Luis Obispo County arrest records by obtaining and reviewing criminal history records provided by the California Department of Justice (DOJ). These records generally contain arrest and corresponding disposition information that criminal justice agencies throughout California, including those in San Luis Obispo County, have reported to the DOJ. However, criminal history records are not subject to the California Public Records Act (CPRA). Cal. Penal Code section 11105 governs the disclosure of the state summary criminal history information. These records are only disclosable to certain eligible persons and entities. These include, but are not limited to, law enforcement agencies, eligible employers, regulatory agencies, or the subject of the record.
Interested persons may obtain a copy of their own Criminal History Records from the DOJ by conducting a fingerprint-based background check. The DOJ charges a $25 processing fee per request. Fortunately, individuals who can not afford the processing fee may be eligible to apply for a fee waiver. Depending on whether the requester is a California or out-of-state resident, the steps involved in requesting a fingerprint-based background check through the DOJ may differ.
California Residents
Requesters who reside anywhere within California, including San Luis Obispo County, must get fingerprinted on a BCIA 8016RR form (also available in Spanish). They must complete the personal information section of the form using the DOJ’s Instructions (also available in Spanish). Afterward, they must take the completed form to any Live Scan Provider to get fingerprinted. The DOJ’s Live Scan Locations directory contains the addresses and contact information of all Live Scan Sites in California. San Luis Obispo County has 15 Live Scan Providers, some of which are local law enforcement agencies. Live Scan providers usually charge a fee for their services. These fees generally vary by provider.
Out of State Residents
Individuals who do not reside in California must use the Form BCIA 8705 (also available in Spanish) to request a copy of their state Summary Criminal History Record. They must complete the form by providing their requested personal information, such as their full name, home address, date of birth, sex, Social Security Number (SSN), and ID number. They must also get fingerprinted and obtain a fingerprint card by contacting a local law enforcement agency where they reside. These agencies usually provide fingerprinting services for a fee. Thereafter, the completed Form BCIA 8705, applicant fingerprint card, and the required $25 processing fee (via check or money order payable to the “California Department of Justice”) must be mailed to:
California Department of Justice
Bureau of Criminal Identification and Analysis
Record Review & Challenge Section P
O BOX 160207
Sacramento, CA 95816-0207
The DOJ's typical processing time for a state Summary Criminal History Record request is two (2) to three (3) days. Notwithstanding, some requests may take up to 2 weeks due to the information the requested record contains.
Interested persons may also find San Luis Obispo County arrest records by using online resources provided by state and federal agencies. For instance, information about individuals arrested in San Luis Obispo County but held in state custody is accessible through the California Department of Corrections and Rehabilitation (CDCR) Incarcerated Records and Information Search (CIRIS) website. Meanwhile, information about individuals in federal custody, specifically federal prisons, is available through the Federal Bureau of Prisons (BOP) Inmate Locator portal. These online resources are usually free and searchable by inmate name or number.
San Luis Obispo County Inmate Locator
The Who’s in Custody portal provided by the San Luis Obispo County Sheriff’s Office is a free public service tool that allows individuals to look up information about current San Luis Obispo County Jail inmates. The portal is searchable solely by the inmate’s name. Typical information about an inmate that the portal provides includes:
- The inmate’s full name
- Inmate ID
- Gender, age, height, and weight
- Date of birth
- Booking number and date
- Projected release date
- Bail
- Charge details, including a description of the charge, bond amount, and the arresting agency
An in-person request for a county inmate’s arrest records may also be made by visiting or contacting the San Luis Obispo County Sheriff’s Office at:
1585 Kansas Avenue,
San Luis Obispo, CA 93405
Phone: (805) 781-4588
Active Warrant Search in San Luis Obispo County
An arrest warrant is a court order that grants peace officers the authority to arrest and bring a specific person charged with a crime before a judge to answer for the charges. In San Luis Obispo County, an arrest warrant may be issued by a judge, magistrate, or justice at the request of a police officer or investigator. To request an arrest warrant, a complaint establishing probable cause that a defendant has committed an offense must be filed with any of these judicial officers. Provided they believe that sufficient probable cause exists that the offense was committed by the defendant, a judge, magistrate, or justice may issue an arrest warrant. Per California Penal Code § 815, an arrest warrant must contain the following information to be considered legally valid:
- The defendant’s name or any name designed by the issuing authority.
- The issuance time and date
- The name of the issuing county or city
- The issuing authority’s signature and their office title
- The name of the court or other issuing agency.
Interested persons may find information about active arrest warrants through the San Luis Obispo County Sheriff’s Office. However, the agency does not provide online resources that allow individuals to look up arrest warrants online. Instead, it has a dedicated phone number (805-781-4588) for warrants and records inquiries. Alternatively, record seekers may review court records to find information about warrants that may have been issued in local cases. They may visit local courthouses to search and access court records in person or use the San Luis Obispo County Superior Court’s Online Case Lookup portal to conduct searches remotely.
How to Find Arrest Records for Free in San Luis Obispo County
In San Luis Obispo County, individuals may use the County Sheriff's Office's Who’s in Custody portal to view arrest information for free. However, only information about current county inmates is available through the portal. The San Luis Obispo County Sheriff’s Office also provides a public Booking Log containing arrest and booking information about people who have booked into the county jail within the past 30 days.
Although the aforementioned free resources may provide basic arrest information, such as the arrestee’s name, offense/charges, arresting agency name, arrest location, date, and time, comprehensive arrest records are typically unavailable for free. Record seekers may need to request copies of such records for a fee. To facilitate their request, they may need to provide identifiable information about the sought record, such as the arrestee’s name, as well as provide a valid Photo ID for identification purposes.
San Luis Obispo County Arrest Report
In San Luis Obispo County, the terms “arrest report” and “arrest record” are oftentimes used interchangeably, though they are distinct documents that serve different purposes. An arrest record is a concise log documenting basic facts about an arrest, such as the arrestee’s name, charges, arrest location, arrest date, and arresting agency details.
On the other hand, an arrest report is a comprehensive document detailing the circumstances surrounding an arrest. It is typically created after an arrest by the arresting officer and reflects the officer's firsthand account of the incident. It may also contain witness statements collected at the scene of the incident.
How to Get an Arrest Record Expunged in San Luis Obispo County
California law does not permit the complete expungement of San Luis Obispo County criminal records. However, criminal convictions for eligible infractions, misdemeanors, or felonies may be dismissed under California Penal Code §§ 1203.4 and 1203.4a or other applicable laws. Record holders may petition to dismiss their San Luis Obispo County criminal records by completing CR180, CR181, and an ECS-1 Electronic Consent Form and filing the completed form with the County Superior Court.
Notwithstanding, San Luis Obispo County arrest records may be sealed under California Penal Code §§ 851.8 or 851.91. Generally, sealing a record restricts public access to the record but does not destroy it. As a result, sealed records remain accessible to eligible entities and persons, such as criminal justice agencies. Cal. Pen. Code § 851.8 permits the sealing of criminal records if an adult defendant's arrest resulted in them being found “Factually Innocent.” This may entail the defendant being arrested but never charged, acquitted at trial, or having their charge(s) withdrawn by the prosecutor. In such cases, eligible individuals may petition to get relevant records sealed using Form BCIA 8270. The form must be appropriately completed and submitted to the following places:
- The arresting law enforcement agency (if no charges were filed)
- The city or district attorney's office serving the area where the arrest occurred.
- The San Luis Obispo County Superior Court (if the defendant was acquitted or had their charges dismissed)
On the other hand, individuals may file a petition to seal arrests that did not result in a conviction under Cal. Pen. Code § 851.91 using form CR-409. They may review the Form CR-409-INFO for detailed instructions on how to complete the petition form and where to file it.
Note: There is no filing fee for submitting a petition to seal an eligible arrest record. Furthermore, the California Judiciary offers a Guide to Sealing Juvenile Court Records.
How Do You Remove San Luis Obispo County Arrest Records From the Internet?
The most effective way to ensure that San Luis Obispo County arrest records are removed from the internet is to petition to have the records sealed. Once sealed, an arrest record becomes legally confidential and protected from public access. As a result, government and private entities must remove them from online resources that publicize them. Failure to ensure such records are removed may expose these entities to legal liabilities. Thus, it is usually in their best interest to remove such records from their online database.
Alternatively, record holders may file an opt-out request with third-party aggregator websites pursuant to the California Consumer Privacy Act (CCPA). Essentially, an opt-out result request informs third-party aggregator websites that an individual wishes to have their public records removed from the site database.