Public Records Act - Frequently Asked Questions :: California Secretary of State (2024)

Any person of the public can request to inspect or obtain a copy of a public record.“Person” includes any natural person, corporation, partnership, limited liability company, firm, or association. (Government Code section 7920.520.) Any state or local agencies and their officials are entitled to request public recordson the same basis as any other person.

Submit a public record request by submitting a PRA Request Formonline. You may also submit your request in person, via mail, phone, or email at[email protected], if desired.

Requests for public records must reasonably describe the identifiable record or records. If your request is not clear, the Secretary of State will assist you tomake a focused and effective request that reasonably describes an identifiable record or records.

The Secretary of State is not required to compile data, gather information, perform research, or otherwise create a record that does not exist or that is not maintained in the normal course of business.

Public records represent “any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.” (Government Code section 7920.545.). You can request records such as correspondence, emails, documents, photos, reports, videos, and other records.

The Secretary of State would only have records relating to Secretary of State duties or that have been previously transferred to the State Archives for historical purposes. Secretary of State duty areas include:

  • Business Programs: Business Entity Filings, Uniform Commercial Code, Victims of Corporate Fraud Compensation Fund, Trademarks and Service Marks, and Special Filings
  • Elections and the Voter’s Choice Act
  • Campaign Finance and Lobbying
  • State Archives Program Areas, and
  • Registries for Domestic Partners, Safe at Home, and Advance Health Care Directives

The Secretary of State does not oversee the California Department of Motor Vehicles (DMV) and does not have duties related to driver licenses, vehicle registration, and other duties performed by the DMV. In addition, the Secretary of State is only able to provide records related to our office and we are not the contact agency for records held by other agencies that have not been transferred to the State Archives due to applicable criteria including age and historical significance.

Yes. Records may be withheld from disclosure as authorized by law under the California Public Records Act. If a record consists of information that is exempt from disclosure by law, any reasonably segregable portion of a record will be provided to you after the exempt information is removed.

The Secretary of State will determine within ten (10) days whether the requested records are in the possession of the Secretary of State’s Office and if the records can be disclosed. The Secretary of State will notify you in writing of the determination. In case of unusual circ*mstances, such as a voluminous amount of separate and distinct records must be examined, the Secretary of State may extend the time in which you are notified of the determination by fourteen (14) additional days. Notice of the extension will be in writing stating the reasons for the extension and the date on which a determination is expected. If the request is denied, the written response will state the reasons for the denial.

The Secretary of State will send you the records electronically or by mail per your request. Depending on the location of the requested records, the public records can also be picked up or viewed in person at the following locations:

  • Secretary of State Office at 1500 11th Street, Sacramento;
  • California State Archives at 1020 O Street, 4th Floor, Sacramento, or;
  • Los Angeles Office at 300 South Spring Street, Room 12513, Los Angeles.

Public records in the custody of the Secretary of State will be available during normal business hours. Special arrangements will be made in advance for the inspection of voluminous records. Persons inspecting public records must not destroy, mutilate, deface, or alter any such record or records or remove any such record or records from the location designated for inspection. The records must be physically returned in the same condition and order as received, upon either the completion of the inspection or upon verbal request of Agency personnel presiding during the inspection.

California law, including the Public Records Act, permits the Secretary of State to charge a fee for providing copies of its records. However, in many circ*mstances, electronic copies of records can be provided at no cost. The Secretary of State will determine whether any fees must be collected prior to providing responsive records.

Depending on the circ*mstances, the following fees may apply:

  • The fee for preparing a copy of any law, resolution, record, or other document on file in the Secretary of State’s Office is one dollar ($1.00) for the first page and fifty cents ($0.50) for each page thereafter. (Government Code section 12178.1(a)).
  • The fee for preparing copies of campaign statements, contribution and expenditure reports, or statements of disclosure of financial interest is ten cents ($0.10) per page. (Government Code section 81008(a)).
  • Any request requiring electronic compilations, indexes, extracts, or summaries of information, including computer information, contained in the public records of the Secretary of State shall be provided, if resources and systems are available, at a charge sufficient to recover all costs associated with the request. (Government Code section 7922.530(b)).
  • Fees for copying, reproduction, and other services provided by the California State Archives shall be consistent with the costs of providing such services. (Government Code section 12174(e)).

If you have any questions, contact the Secretary of State via email at [email protected].

Public Records Act - Frequently Asked Questions :: California Secretary of State (2024)

FAQs

What does the California Public Records Act do? ›

The purpose of the Act is to give the public access to information that enables them to monitor the functioning of their government. The Act's fundamental precept is that governmental records shall be disclosed to the public, upon request, unless there is a legal basis not to do so.

What is the California Public Records Act 2024? ›

Chapter 161, Statutes of 2024.) The California Public Records Act requires state and local agencies to make their records available for public inspection, except as specified.

What is the balancing test for the California Public Records Act? ›

"Public Interest" Exemption (Balancing Test or "Catchall" Exemption). This exemption allows an agency to withhold records that are not listed in any specific exemptions under the CPRA, when the public interest served by withholding the records clearly outweighs the public interest served by disclosure.

Has the California Public Records Act been repealed? ›

Effective January 1, 2023, the California Public Records Act (CPRA) has a new location within the Government Code, complete with relabeled organizational headings that improve navigating the statute.

How much does the California Public Records Act charge? ›

Depending on the circ*mstances, the following fees may apply: The fee for preparing a copy of any law, resolution, record, or other document on file in the Secretary of State's Office is one dollar ($1.00) for the first page and fifty cents ($0.50) for each page thereafter.

What data is exempt from CPRA? ›

“CPRA does not apply to medical information governed by the Confidentiality of Medical Information Act or protected health information under HIPAA and the HITECH Act.” This exemption ensures that existing federal privacy regulations for health data are not superseded or duplicated by CPRA provisions.

What is Section 6250 of the California Public Records Act? ›

6250. In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state. 6251.

Are emails public record in California? ›

California Supreme Court Rules Personal Emails May Be Considered Public Records Subject to Disclosure Under the Public Records Act.

What is the Sunshine law in California? ›

Under the Act, all meetings of local legislative bodies are open and public, and all persons are permitted to attend the meetings. Statutory exceptions authorizing closed sessions are construed narrowly, and the Brown Act “sunshine law” is construed liberally in favor of openness in conducting public business.

What is the balance test? ›

Balance tests are a group of tests that check for balance disorders. A balance disorder is a condition that makes you feel unsteady or dizzy. Dizziness means different things to different people. It can include: Vertigo, a feeling that you or everything around you is spinning.

Are California police reports public record? ›

Police reports are considered ! public records' within the meaning of the California Public Records Act and the San Francisco Sunshine Ordinance. Police reports must be released unless an exception applies.

What are the exceptions to the PRA? ›

Some of the more common exemptions to PRA include: Requesting from fewer than 10 people, Open-ended requests for comments or feedback, Only collecting information from federal employees as part of their work duties, or.

What is the statute of limitations for the California Public Records Act? ›

Although the CPRA contains no limitation on that remedy, California law imposes a three year statute of limitations on any cause of action created by statute. Additionally, some state agencies required to write guidelines for CPRA may have administrative appeals.

What does the Public Records Act cover? ›

The PRA allows the public to request information from California government agencies, which includes state and local municipal agencies. This gives the public access to information that enables them to monitor the functioning of their government.

Is the California Public Records Act 14 day extension? ›

The PRA requires public agencies to initially respond to a request for records within ten calendar days ​(this time limit may be extended by 14 days in certain circ*mstances).

What is the California Recording Act? ›

California is a “two-party consent” state, meaning that it is illegal to record a conversation without the consent of all parties involved. Without everyone's consent, you are unlawfully eavesdropping under California Penal Code 632 PC.

What is the Public Records Act for public schools in California? ›

Public Records Act—Government Code Section 6250 et seq.

Every person has the right to inspect any public record and obtain a copy for a fee unless, pursuant to specific statutory standards, it must be kept confidential.

What is under the California Public Records Act 6250 ET SEQ? ›

6250. In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state.

What is the deliberative process in California Public Records Act? ›

Deliberative Process Privilege. California courts generally recognize a deliberative process privilege, under which the deliberations of government officials are entitled to a limited amount of protection against public disclosure.

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