Is a DUI arrest public information?

[andjustice4all]

What is the name of your state (only U.S. law)? CA

I happened to google my ex's address the other day to get his zip code. What I found was a link to a website that listed a police log with his address saying it was a DUI arrest from about 30 days ago. I called the police department and went to the courthouse and no one could tell me if he had been arrested, and I did not find a pending court case.

1. Can I find out if he was arrested or do I have to wait for a conviction before this becomes public information?

2. Is it possible the person arrested could have been the former tenant? My ex has only been there 8 months and I do not believe he has even changed his address with the DMV. Would that matter?

I know the obvious answer would be to ask him, but there is a small child involved, so I would like to find out if it was indeed him so I can begin the procedure to have the visitation order modified.

 

[cyjeff]

What would you have the visitation order modified to?

I am assuming that he wasn't driving the child around at the time.

 

[outonbail]

What city/county did this occur in?

Some have court case information available on line and some don't.

However, if it was just his address that was listed in the police blotter, then it is possible that someone else was driving down his street and happened to get pulled over and arrested for DUI directly in front of his address. The address listed may have just been for reference to the location the incident occurred near.

 

[CdwJava]

Yes, an adult arrest is public information and the information concerning the identity of the suspect is required to be disclosed in most every circumstance if the information is requested.

I called the police department and went to the courthouse and no one could tell me if he had been arrested, and I did not find a pending court case.

That just means the case has not been filed yet ... and the police aren't likely to tell you a whole lot.

1. Can I find out if he was arrested or do I have to wait for a conviction before this becomes public information?

The arrest is public information. *IF* he was arrested. However, if his name was on a police log, then it would seem that you have your answer. If you speak to a supervisor in the records division of the arresting agency, they may know the law a little better and be able to tell you if he was actually arrested. if not, you might suggest that someone read Government Code section 6254(f).

2. Is it possible the person arrested could have been the former tenant? My ex has only been there 8 months and I do not believe he has even changed his address with the DMV. Would that matter?

Unless the former tenant also had your boyfriend's name, why do you think they would have made that kind of a goof?

I know the obvious answer would be to ask him, but there is a small child involved, so I would like to find out if it was indeed him so I can begin the procedure to have the visitation order modified.

I don't know if a single DUI arrest unrelated to the child can result in any change of custody and visitation, but, you can try.

- Carl

 

[andjustice4all]

Thanks Carl

It actually didn't show his name on the log, just the address. He also has a prescription drug problem and I have been advised by the local police that the only way anything will be done about it is if he is stopped for a DUI and they find pills on him that are not prescribed to him. If he was arrested for a DUI and they found drugs, it goes a long way in confirming what I have been saying to the court for four years and it may be more than a simple DUI. He also has a history, he has had at least three DUIs in the past, although I am fairly certain the most recent was about 10 years ago.

 

[CdwJava]

Well, IF he had been arrested, it would be public record. If it is only the address as in, "A person residing at 123 Main Street was arrested ...", it can be anyone.

- Carl