Accessing family court records in San Diego can seem daunting, but understanding the process makes it manageable. Whether you’re an attorney, involved party, or simply need information, this guide clarifies how to conduct a Family Court Case Lookup in San Diego County. The San Diego Superior Court provides resources to help you find the information you need, both online and in person, depending on the nature and age of the records.
Navigating Family Court Records (and Other Case Types) in San Diego
The method for looking up a family court case, or any court case for that matter, largely depends on the case type and when it was filed. The San Diego Superior Court categorizes records to streamline the search process. Here’s a breakdown of how to locate different types of court files:
Online Case Search for Recent Records (1974-Present)
For civil, criminal, domestic (family court), mental health, or probate cases filed from 1974 to the present, the quickest way to start your search is online. The San Diego Superior Court offers an online case search tool. This is a valuable resource for readily accessible information. Alternatively, you can visit the relevant court location to inquire in person.
Accessing Older or Archived Records (Pre-1974)
If you are looking for records prior to 1974, including older family court cases, you will need to visit the court location where the case was handled. The court’s Central Division Older Records department is specifically designated for these historical records. They maintain case indexes dating back to 1880. Indexes from 1880 to 1964 are in physical books, while more recent pre-1974 records are available through computer-generated indexes at the location.
Traffic and Minor Offense Records: Not Available Online
It’s important to note that records for traffic violations and minor offenses are not available through the online search. For these types of cases, you must contact or visit the specific court facility where the case was adjudicated. These records are kept at the court facility for a limited period before being moved to off-site storage. Retrieving records from off-site storage incurs a fee, and it may take several days to access them. Keep in mind that infraction records are typically destroyed after three years, misdemeanor traffic records after five years, and DUI misdemeanors after ten years.
Juvenile Court Records: Confidentiality is Key
Juvenile court records have strict confidentiality rules. Access is limited to the minor, their parents or legal guardians, and legal counsel. These authorized individuals can obtain copies of court minutes and certain documents by appearing in person at the relevant court counter with photo identification. Juvenile records are not mailed. Others seeking access to dependency records may need to file a Petition For Disclosure of Juvenile Court Records (JC Form # JV-570) as required by Welfare and Institutions Code section 827.
Small Claims Records: In-Person or By Mail
For small claims cases, you can request copies of records, tapes, or CDs either in person at the courthouse or by mailing a request. Mailed requests should be sent to the office where the record is located and must include the appropriate fee. Retention times vary: electronic recordings are kept for seven years post-disposition, voluntarily dismissed cases for one year, and cases with final disposition for ten years.
Sealed and Destroyed Records: Understanding Limitations
While court records are generally public, records can be sealed by a judge, restricting public access without a court order. Additionally, if you cannot locate a record, it may have been destroyed or purged according to San Diego Superior Court’s record retention schedules, in compliance with Government Code section 68153.
Off-Site Storage and Retrieval Fees
Due to space constraints, many older case files are stored off-site. If the record you need is in off-site storage, a retrieval fee applies. This fee is payable when you make the request. Consult the court’s fee schedule for current retrieval costs under “Records-Related Fees.”
Conclusion: Your Path to San Diego Court Records
Finding family court records in San Diego, or any type of court record, requires understanding the court’s system. Utilize the online search for recent cases, and be prepared to visit court locations for older or specific record types like traffic or pre-1974 family court cases. Always check the San Diego Superior Court website for the most up-to-date information on procedures, fees, and record availability.
