Court Divisions - Criminal

Court Divisions - Criminal - General Information The Criminal Division of the Alameda County Superior Court, located at six Courthouses within the county, files, processes, and maintains criminal records of misdemeanor and felony filings for the County of Alameda. The Division maintains an index of filings, a record of dispositions and a calendaring system prepared and maintained through an automated system.

Court Appearances
Requesting a Continuance
Adding A Case To The Calendar
New Criminal Cases
Documents To Bring To Court
In Custodies
Court Appointed Counsel
Financial Hearing
Record of Court Disposition
Criminal Records Research
Petitions To Seal And Destroy Arrest Records Pursuant To 851.8 Penal Code
Petition and Order for Release From Penalties and Dismissal Under 1203.4 Penal Code

Court Appearances

If you have a criminal case, you must appear on the date, time and place noted on the bail slip, notice of hearing, or promise to appear.

Most appearances in criminal court are mandatory. Failure to appear for a court appearance may result in a bench warrant for your arrest. The staff in the clerk's office cannot change or continue a court date. If you wish to advance your appearance to an earlier date, please contact your local court site.

If you have been calendared for a holiday, Saturday or Sunday please go to the Criminal Division counter in person the Monday following the Saturday or Sunday or the first working day following the holiday.

Requesting a Continuance

If you call to request a continuance, the clerk may only take and deliver a message to the judge or commissioner. The judge or commissioner may still issue a warrant for your arrest. You should make every effort to appear. Call the clerk's office the following day to find out the judges's decision.

Adding A Case To The Calendar

If your court date has passed and you failed to appear you may request to have the matter re-added to the calendar. "Add on" requests are for extensions, re-referrals, modifications, etc. Only a limited number of cases of this type may be added to the court calendar for each department. You must appear at the Criminal Division window of the Clerk's Office to make this request. Please refer to your local court site for instructions on add-in requests. Add on requests are at the discretion of the Judge or Commissioner in each department.

New Criminal Cases

Upon arriving at the courthouse, check the calendar on the wall for your name and the department you are to appear in and proceed directly to that courtroom on the second floor. If your name appears with no department number, check in at the criminal counter of the Clerk's Office to inquire for the department assignment. If your offense has not been filed in the Criminal division, please check with the District Attorney's office.

Documents To Bring To Court

Proper identification (driver's license, passport, or other picture identification)
Copy of citation
Notice of Hearing
Bond receipts, cash bail receipts, etc.
Jail release paperwork
Sentencing order, probation order
Money to pay for fines and fees

In Custodies

Information regarding the custody status of someone who has been arrested may be obtained by calling the local arresting agency.

Court Appointed Counsel

To obtain a court appointed counsel you must appear in court and make your request. If the Court makes an appointment of private counsel or the Public Defender to represent you, at the conclusion of the case, you will be required to complete a financial declaration to determine your ability to reimburse the County for costs of counsel.

Financial Hearing

Financial hearings are conducted by Financial Hearing Officers at each court location. The hearings are usually conducted at the conclusion of the case. The purpose of a confidential financial hearing is to determine your financial ability to reimburse the court for specific services you have received as a result of your case.

These services may include the public defender, court appointed counsel, probation supervision, weekend jail, and possibly other charges as ordered by the court or prescribed by law such as fine payments and, restitution payments. Failure to appear for the hearing as required may result in a judgment against you for the full payment of the reimbursement costs incurred for the services provided.

Record of Court Disposition

To obtain certified copies of court records and final judgments a fee is required. Please refer to the attached Criminal Division Fee Schedule. Requests may be made in person or in writing. When sending a request include the name of the defendant, the case number and the type of documents needed. Enclose a check made out to "Clerk of the Court" on the payee line, and on the payment line write "not to exceed $25.00" or the amount given to you by the clerk for your transaction. If a governmental agency has sent you a notice requiring a court disposition, please send a copy of that notice with your written request or bring it with you.

Criminal Records Research

The Criminal Division is unable to do any extensive research over the telephone. Searching records or files longer than 10 minutes requires a $15.00 search fee and such requests must be made in writing or in person. All written requests must be accompanied by a self-addressed stamped return envelope. If you are requesting a certified copy, also include $0.50 for each copy plus $15.00 for the document certification.

Petitions To Seal And Destroy Arrest Records Pursuant To 851.8 Penal Code

If you want to have an arrest record sealed on the ground that you are factually innocent of the charge and been denied by the arresting agency, your request must be made in person at the Criminal Division of the Courthouse where the case was adjudicated. You will be provided with a form titled "Petition to Seal & Destroy Arrest records Pursuant to 851.8 of the California Penal Code." Your court date will be within 2 - 4 weeks. Your request will be reviewed by a judge and a decision will be rendered.

Petition and Order for Release From Penalties and Dismissal Under 1203.4 Penal Code

Requests for a petition to dismiss records pursuant to 1203.4 of the Penal Code (following successful completion of probation) must be made in person at the Criminal Division of the Courthouse where the case was adjudicated. Once the form is completed and signed, a court date will be set for approximately 2 - 8 weeks depending on the location. Your request will be reviewed by a judge and a decision rendered.