Policy Text
Policy
806Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentRecords Unit - 1Records Unit
806.1 PURPOSE AND SCOPE
This policy establishes the guidelines for the operational functions of the Mountain View Police
Department Records Unit. The policy addresses department file access and internal requests for
case reports.
806.1.1 NUMBERING SYSTEMS
Reports are numbered commencing with the last two digits of the current year followed by a
sequential number beginning with "1" starting at midnight on the first day of January of each year.
As an example, case number 10-1 would be the first new case beginning January 1, 2010.
806.2 POLICY
It is the policy of the Mountain View Police Department to maintain department records securely,
professionally, and efficiently.
806.3 DETERMINATION OF FACTUAL INNOCENCE
In any case where a person has been arrested by officers of the Mountain View Police Department
and no accusatory pleading has been filed, the person arrested may petition the Department to
destroy the related arrest records. Petitions should be forwarded to the Records Unit Supervisor.
The Records Unit Supervisor should promptly contact the prosecuting attorney and request a
written opinion as to whether the petitioner is factually innocent of the charges (Penal Code §
851.8). Factual innocence means the accused person did not commit the crime.
Upon receipt of a written opinion from the prosecuting attorney affirming factual innocence, the
Records Unit Supervisor should forward the petition to the Special Operations Division Lieutenant
and the City Attorney for review. After such review and consultation with the City Attorney, the
Special Operations Division Lieutenant shall decide whether a finding of factual innocence is
appropriate.
Upon determination that a finding of factual innocence is appropriate, the Records Unit Supervisor
shall ensure that the arrest record and petition are sealed for later destruction and the required
notifications are made to the California Department of Justice and other law enforcement agencies
(Penal Code § 851.8).
The Records Unit Supervisor should respond to a petition with the Department's decision within 45
days of receipt. Responses should include only the decision of the Department, not an explanation
of the analysis leading to the decision.
806.4 FILE ACCESS AND SECURITY
The security of files in the Records Unit must be a high priority and shall be maintained as
mandated by state or federal law. All case reports including but not limited to initial, supplemental,
follow-up, evidence, and any other reports related to a police department case, including field
interview (FI) cards, criminal history records, and publicly accessible logs, shall be maintained
Mountain View Police Department
Mountain View PD Policy Manual
Records Unit
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentRecords Unit - 2in a secure area within the Records Unit, accessible only by authorized members of the police
department. Access to case reports or files when Records Unit staff is not available may be
obtained through the laserfiche system.
The Records Unit will also maintain a secure file for case reports deemed by the Police Chief as
sensitive or otherwise requiring extraordinary access restrictions.
806.5 CONFIDENTIALITY
Records Unit staff has access to information that may be confidential or sensitive in nature.
Records Unit staff shall not access, view, or distribute, or allow anyone else to access, view,
or distribute any record, file, or report, whether in hard copy or electronic file format, or any
other confidential, protected, or sensitive information except in accordance with the Records
Maintenance and Release and Protected Information policies and the Records Unit procedure
manual.
806.6 ARREST WITHOUT FILING OF ACCUSATORY PLEADING
The Field Operations Captain should ensure a process is in place for when an individual is arrested
and released and no accusatory pleading is filed so that the following occurs (Penal Code § 849.5;
Penal Code § 851.6):
(a)The individual is issued a certificate describing the action as a detention.
(b)All references to an arrest are deleted from the arrest records of the Department and
the record reflects only a detention.
(c)The California DOJ is notified.