Legal Question in Criminal Law in California

I have an inquiry regarding the retention of Calif. booking records like fingerprints & booking photographs. I want to know the statutory codes that cover this for local/city police depts, like when & if they are destroyed or instead put in an archive. I am questioning an arrest and the dept involved says I cannot obtain the police report, which they do admit to having. They cite Gov Code 6254(f). When I asked about documention re. 'prints and booking photos, they said they have been destroyed, as the arrest is over 20 yrs old. Everything I can find either refers to records of the DOJ's, or advertisments regarding expundments and erasing records of arrests. Can anyone point me in the right direction of CA codes that govern retention of booking records of local police depts? I have been told that they are never destroyed, although this is for a misdemeanor.


Asked on 5/23/12, 11:22 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Government Code section 6254, subdivision (f), provides an exemption to disclosure under the California Public Records Act. (So the first question I would have to you would be are you making a public records act request?) That exemptions means that the following cannot be disclosed to you: "records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the California Emergency Management Agency, and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes."

You can get copies of police reports, if the agency still has them. All you have to do is go to the law enforcement agency and pay for a copy. If they don't have it anymore, then there is nothing you can do.

For concerns over your criminal record history, you should be operating under Penal Code sections 11120 to 11127.

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Answered on 6/07/12, 5:03 pm


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