Question
I found a traffic ticket of a person I’m trying to locate in the civil case index in my county. I went to traffic court to get the address on the ticket and they said I could not see the address. I researched the CPRA, but I am still unsure if traffic ticket is exempt from disclosure, being that it is a civil case. Can you please help me? Is there something I am missing?
Answer
Court records are not subject to the Public Records Act. However, there is a public right of access to court records under both the United States and California constitutions. See NBC Subsidiary (KNBC-TV), Inc. v. Superior Court, 20 Cal. 4th 1178 (1999); Burkle v. Burkle, 135 Cal. App. 4th 1045 (2006).
California Rule of Court 243.1 sets forth the stringent requirements for sealing (ie, denying public access) to court records. For a document to be sealed, the court must make specific findings on the record, including that there is an “overriding interest” to support sealing.
If you choose to go back to the court, you may wish to ask for the head clerk, provide him or her with these authorities, and ask them to tell you their statutory and/or other legal basis for withholding the records you seek.
Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.