California Public Records Act Enforcement
Access to public records is a fundamental right in California. The California Public Records Act (CPRA) ensures that government-held documents are accessible to the public, with certain exceptions for privacy and confidentiality. Having an experienced lawyer by your side can make all the difference.
At McMurray Henriks, LLP, we are dedicated to ensuring that individuals and organizations gain the access they’re entitled to under the law. Our skilled attorneys have extensive experience in enforcing CPRA rights, from initial requests to litigation.
What Is The California Public Records Act?
The California Public Records Act (CPRA) grants public access to nonconfidential records held by government agencies. Agencies must make existing records available during business hours, though they aren’t required to create new documents in response to requests.
Key CPRA features include:
- Access to records: Public records must be available unless exempted by laws like HIPAA or the Information Practices Act.
- Exemptions: Some records with personal or confidential data are protected from disclosure.
- Costs: While electronic records are often provided free of charge, hard copies can be made available for a fee that typically covers duplication costs.
When submitting a request, it’s important to clearly describe the records sought. Agencies must help refine requests to help ensure relevant information is provided.
How Does The CPRA Apply In Police Misconduct Cases?
California Senate Bill 1421 (Right to Know Act) expanded public access to specific police misconduct records under the CPRA. This includes records involving:
- Serious use of force: Records related to incidents where an officer discharged a firearm or used force, resulting in serious injury or death.
- Sexual assault: Documentation of allegations of sexual misconduct by officers in the course of their duties.
- Dishonesty during investigations: Records of officers who have engaged in dishonesty, particularly in the reporting or investigation of crimes.
In police misconduct cases, experienced legal guidance can help ensure access to the records you’re entitled to under the law.
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