California Private Investigator Practice Exam

What could prevent the disclosure of an arrest record through a public records request?

1. If the arrest was due to a minor offense

2. Only if the individual requests confidentiality

3. If it jeopardizes witness safety or investigation completion

4. When the arrest record is sealed by the court

The correct answer is: If it jeopardizes witness safety or investigation completion

The correct answer relates to situations where disclosing an arrest record could pose a significant risk, specifically to witness safety or the integrity of an ongoing investigation. In such cases, law enforcement and judicial authorities may restrict access to these records to protect individuals who might be involved in the case, ensuring that witnesses are not put in harm's way and that the investigation remains unaffected by outside influence or pressure. Maintaining confidentiality under these circumstances is crucial for upholding the justice process and protecting those who cooperate with law enforcement. Other options do not provide adequate grounds for denying access to arrest records in a public records request. For instance, minor offenses typically do not warrant a blanket denial of public access; confidentiality requests must be formally filed and are not the sole criterion for record withholding, and not all sealed records involve threats to safety or investigations, as sealing can occur under various legal standards. Thus, it’s specifically the potential for jeopardizing safety or investigative integrity that solidifies the basis for preventing disclosure in this context.