California Private Investigator Practice Exam

Is an individual's arrest record accessible through a public records request?

1. Yes, always accessible

2. No, never accessible

3. Yes, unless it jeopardizes witness safety

4. Only if the individual agrees

The correct answer is: Yes, unless it jeopardizes witness safety

An individual's arrest record is generally accessible to the public, but there are important exceptions, particularly when the release of such information could jeopardize the safety of witnesses or ongoing investigations. This means that while arrest records are a matter of public record and accessible through proper channels, the law recognizes certain situations where confidentiality is necessary to protect individuals involved in criminal cases. For example, if releasing the arrest record could lead to witness intimidation or retaliation, authorities may restrict access to that information. This balance between transparency in public records and the protection of individuals involved in the justice system is a fundamental principle guiding the accessibility of arrest records. Thus, the correct answer reflects the nuanced legal environment surrounding public records in California, acknowledging both the general accessibility and the potential need for restrictions to ensure safety.