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Handbooks

California Public Records Act Primer

Accessing public records in California

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This handbook is a project of the First Amendment Coalition. Our gratitude to James Chadwick, formerly of Sheppard, Mullin, Richter & Hampton, author of the 2006 guide. Updates by staff of the First Amendment Coalition: Legal Director David Loy and Legal Fellows Monica Price and Khrystan Policarpio, with contributions from Advocacy Director Ginny LaRoe and Executive Director David Snyder. This handbook was updated in 2023 to reflect the renumbering of the California Public Records Act. The California Law Revision Commission has this table showing how previous sections of the Public Records Act were renumbered.

This is for informational purposes only. It is not intended to constitute legal advice and does not form an attorney-client relationship. Questions or corrections: contact the First Amendment Coalition at FAC@firstamendmentcoalition.org.

Last updated July 2023.

Sample CPRA Request Letter

Date

Name of Agency
Address

RE: Public Records Act Request

To Whom it May Concern:

This is a request made under the California Public Records Act, Government Code sections 7920.000 – 7931.000, for records in the possession or control of your agency.

I am seeking [to inspect or copy, this is your choice] to: [Provide as much detail as possible to describe the records you are seeking. If you are seeking copies of electronic records and wish to receive them in their native electronic format, state that in your request, because an agency is not required to produce them in native format without such a request]

Please keep in mind your agency’s obligations under the law require you to:

  • Respond within 10 calendar days.
  • [If you are seeking electronic records in native format] Produce electronic records in the format in which you hold them.
  • Help me to make a focused and effective request by (1) identifying records and information that are responsive, (2) describing the information technology and physical location in which the records exist and (3) providing suggestions for overcoming any practical issues.
  • Segregate or redact any exempt information contained within a record so that the public information in the remainder of the record may be released.
  • Broadly construe all provisions that further the public’s right of access, and apply any limitations on access as narrowly as possible, per Article 1, Section 3(b)(2) of the California Constitution.
  • Provide a written justification for any denial of this request, in whole or in part, stating the specific exemptions from disclosure that you assert and the name and title or position of each person responsible for the denial.

I ask that you notify me of any costs exceeding $[set a dollar amount] before you incur them, so that I may decide which records I want copied.

Thank you for your timely attention to this matter.

Sincerely,

[NAME UNLESS YOU WISH TO MAKE THE REQUEST ANONYMOUSLY]

[CONTACT INFO]

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No, but we recommend it. It helps to create a record of your request.

Anyone can. This includes individuals, organizations and companies. There is no residency requirement, meaning anyone regardless of where they live may request records. In fact, you can request records anonymously, meaning you have a right to request records without disclosing your identity, although if you do not provide contact information such as an anonymous email address, an agency may not be able to communicate with you to help with your request, and it may not be able to provide you with information about any costs that might be necessary to obtain copies of records.

All state and local agencies, with few exceptions for entities like the California Legislature, the courts and judicial agencies, which are subject to their own access requirements, as outlined in the handbook. All public colleges and universities, including their police departments. California law enforcement agencies at all levels, such as sheriff’s offices and police departments. This includes district attorneys.

By statute, agencies have 10 calendar days to respond to you. Unfortunately, at that time, it may respond by telling you the agency may need more time to locate, review and produce the records. Officials can give themselves one 14-day extension for “unusual circumstances,” which is narrowly defined.

When submitting a request, we recommend you note that the government has a duty to assist you. California law requires agencies to “assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request.” You can read about that requirement here.

You generally have a right to inspect most records – i.e., go into a government office and look at them – at no cost. You also have the right to make your own copies using your own devices, such as scanning or photographing the records. If you want the agency to make copies of records, it can charge you for “the direct cost of duplication,” or in some circumstances a specialized “statutory fee” for certain records. It cannot generally charge for time spent searching for, reviewing or redacting records.

If a record exists in an electronic format, the government must provide it to you in that format.

First, review the reasons the agency provided for denying you access to the records. If you make a request in writing, it is required to cite the reason — the specific statutory exemption — for denying your request. If it did not do that, demand in writing that it do so. If you disagree with the determination, you should push back and try to change the agency’s position. You can contact our free Legal Hotline for information. Ultimately, you can bring a lawsuit, typically starting in Superior Court.

For more information, see FAC’s CPRA Primer, Police Transparency Guide, and Asked & Answered database.