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Ely, Counselor at Law
Category: Legal
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obtaining my fathers CA state prison records.

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obtaining my father's CA state prison records.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Can you please tell me if your father is:

1) Living, and if so, is he currently incarcerated or not; or
2) Is he deceased?

Please forgive me for asking this, but this will help me in rendering the answer.

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

living in MN & not incarcerated

Thank you for your reply, S.

I am going to assume that he was incarcerated in the state system by the Department of Corrections and Rehabilitation, and not the federal system.

As such, this can be done this way:

He or you could file a request with the CA Department of Corrections and Rehabilitation for an "California Public Records Act" request.

The California Public Records Act, currently codified as California Government Code §§ 6250 et seq, allows inspection and/or disclosure of governmental records to the public upon request.

In other words, you can request any record, provided it is not asking about a state employee's personal information, is part of an ongoing criminal investigation, and a few other exceptions. The agency then has to mail you the records.

The REQUEST is executed by a letter, certified mail to the custodian of the records. A sample letter may be found here. The actual office to which this is sent to may depends on what prison he was at - you can choose from a list here.

Upon their receiving of the letter, they have 30 days to act on the request and reply. After the 30 days are complete and if they do not reply, individuals have 15 days to file suit in court to force the issue.

Good luck.

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