FAQs

The average time is approximately 4 hours, but could be as little as 2, or as much as 6 hours.

On November 4, 2008, the People of the State of California approved Proposition 9, the Victims' Bill of Rights Act of 2008: Marsy's Law. This measure amended the California Constitution to provide additional rights to victims. This card contains specific sections of the Victims' Bill of Rights and resources. Crime victims may obtain additional information regarding Marsy's Law and local Victim Witness Assistance Center information by contacting the Attorney General's Victim Services Unit at 1-877-433-9069.

Marsy's Law also amended California Penal Code sections 3041.5 and 3043 in regards to lifer Parole Suitability Hearings. Click here for more information regarding these changes.

California Constitution, Article I, Section 28(b)

(b) In order to preserve and protect a victim's rights to justice and due process, a victim shall be entitled to the following rights:

(1) To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.

(2) To be reasonably protected from the defendant and persons acting on behalf of the defendant.

(3) To have the safety of the victim and the victim's family considered in fixing the amount of bail and release conditions for the defendant.

(4) To prevent the disclosure of confidential information or records to the defendant, the defendant's attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim's family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.

(5) To refuse an interview, deposition, or discovery request by the defendant, the defendant's attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.

(6) To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.

(7) To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.

(8) To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.

(9) To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.

(10) To provide information to a probation department official conducting a presentence investigation concerning the impact of the offense on the victim and the victim's family and any sentencing recommendations before the sentencing of the defendant.

(11) To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.

(12) To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.

(13) To restitution.

(A) It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.

(B) Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.

(C) All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.

(14) To the prompt return of property when no longer needed as evidence.

(15) To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender.

(16) To have the safety of the victim, the victim's family, and the general public considered before any parole or other post-judgment release decision is made.

(17) To be informed of the rights enumerated in paragraphs (1) through (16).

Attorney General’s Victims’ Services Unit – Provides local victim/witness information, geographic resource information and appeal status to victims of crime. To obtain information resources on your local Victim Witness Assistance Center or to request appeal status notification, contact: 1-877-433-9069. For more information on Marsy’s Law, visit the Attorney General’s website.

Additional Resources

The Attorney General does not endorse, have any responsibility for, or exercise control over these organizations’ and agencies’ views, services, and information.

• California Victim Compensation Board – Help for victims of: Assault, Drunk Driving, Sexual Assault, Child Abuse, Homicide, Stalking, Domestic Violence, Robbery, and Human Trafficking. Victim Compensation can help pay for: mental health counseling, funeral costs, loss of income, crime scene cleanup, relocation, medical and dental bills: 1-800-777-9229 
• CA Dept. of Corrections and Rehabilitation, Office of Victim & Survivor Rights & Services – Provides information on offender release, restitution, parole conditions and parole hearings when the offender is incarcerated in prison: 1-877-256-6877 
• McGeorge School of Law – Victims of Crime Resource Center - Provides resources for victims by their geographic area along with information on restitution, civil suits, domestic violence, elder abuse, child abuse, abuse against the disabled, victims’ rights and compensation. 1-800-Victims  
• National Domestic Violence Hotline – 24-hour hotline for domestic violence resources. 1-800-799-SAFE TTY: 1-800-787-3224 
• Adult Protective Services County Contact Information (Elder abuse) – Website lists 24 hour hotline numbers for each county in California
• National Child Abuse Hotline – Treatment and prevention of child abuse: 1-800-4-A-CHILD 
• Rape, Abuse & Incest National Network Hotline – Provides free, confidential services to victims of sexual assault: 1-800-656-HOPE  
• National Human Trafficking Resource Center Hotline – 24-hour hotline for reporting tips, contacting local anti-trafficking services and requesting information: 1-888-373-7888  
• The California Relay Service: For speech impaired, deaf or hard-of-hearing callers: Dial 711. TTY/HCO/VCO to Voice for English: 1-800-735-2929 and for Spanish: 1-800-855-3000. Voice to TTY/VCO/HCO for English: 1-800-735-2922 and for Spanish: 1-800-855-3000. From or to Speech to Speech – English and Spanish: 1-800-854-7784.

A ‘victim’ is defined under the California Constitution as “a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act. The term ‘victim’ also includes the person’s spouse, parents, children, siblings, or guardian, and includes a lawful representative of a crime victim who is deceased, a minor, or physically or psychologically incapacitated. The term ‘victim’ does not include a person in custody for an offense, the accused, or a person whom the court finds would not act in the best interests of a minor victim.” (Cal. Const., art. I, § 28(e).) A victim, the retained attorney of a victim, a lawful representative of the victim, or the prosecuting attorney upon request of the victim, may enforce the above rights in any trial or appellate court with jurisdiction over the case as a matter of right. The court shall act promptly on such a request.

(Cal. Const., art. I, § 28(c)(1).)

A clearance letter can be requested for the following purposes: adoption, Mexican hunting license, Visa, and immigration. You may make the request in person or through the mail. If you request one by mail, you can obtain a clearance letter request form through the FORMS link. Be sure to include a copy of a government issued identification and a check for $11.00, made payable to OCSD. Requests made in person are taken M-F, 8:00am - 4:30pm. Please allow 7-10 working days for us to process your request.

You can request a copy of your local summary criminal history information for the purpose of verifying its accuracy. You cannot request a copy for employment purposes (Penal Code § 13326). Requests can be made in person or through the mail. If you are mailing your request, you must include the following: a copy of a government issued identification, copy of your fingerprints, taken by a certified fingerprint technician at any local police agency, and a check for $24.00 made payable to County of Orange - Sheriff's Department. Requests made in person are taken M-F, 8:00am - 4:00pm.  Please allow 7-10 working days for us to process your request.

To begin the process of sealing your record, you must complete a Petition to Seal and Destroy Record form. Mail completed form to Records and we will begin the process.

You can request a copy of your police report either in person, by mail, fax (714-834-5466) or email (reportrequest@ocsd.org). Prior to requesting a copy of your report, you will need to contact our Records unit at: (714) 834-6454 to make sure that the report is in our office and to find out the cost. Crime reports are $.15 per page. All requesters must present a valid form of identification. If requesting by mail, a request form can be downloaded on the Records Forms page. You will need to mail the completed form along with a copy of your ID and a check for the cost of the report.

A valid form of ID is any form of identification that is USA government issued (e.g., Department of Motor Vehicle Driver's License, Department of Motor Vehicle issued identification card, USA issued passport, or USA issued Visa).

Our department accepts either cash or checks. Personal checks may be used, provided that the pre-printed name and address on the check matches the issuer’s California Driver’s License or California Identification card. . Checks should be made out to County of Orange - Sheriff's Department.

• South Orange County (949) 249-5200
• North Orange County (714) 647-7083
• West Orange County (714) 891-2481

The Sheriff's Department accepts civil, criminal and deposition subpoenas for the production of records.  

The Custodian of Records must be served in person at 320 N. Flower St., Santa Ana, CA.  A fee of $15.00 must be paid at the time of service.  

The Coroner Division accepts their own subpoena for the production of records.  The Custodian of Records must be served in person at 1071 W. Santa Ana Blvd., Santa Ana, CA.  A fee of $15.00 must be paid at the time of service.  

Subpoenas for the appearance of Sheriff Personnel must be served in person at the Subpoena Desk located at 320 N. Flower, Santa Ana, CA.  A fee of $275.00 must be paid at the time of service.

Information on active arrest warrants can be obtained on our website. Staff at the Central Warrant Repository (CWR) can also inquire about any outstanding local warrants for a member of the public provided a  date of birth is given. This is necessary in order to get an exact match for retrieval of accurate information.

Information on active arrest warrants can be obtained on our website. Staff at the Central Warrant Repository (CWR) can also inquire about any outstanding local warrants for a member of the public provided a  date of birth is given. This is necessary in order to get an exact match for retrieval of accurate information on charges, bail amounts, and court warrant numbers.  

You must contact the appropriate court of issue by telephone or via their website at: www.occourts.org .

In order to arrange a payment schedule, you must contact the appropriate court of issue. Please note, however, if the warrant states it is mandatory to appear then a court appearance date must be scheduled at the time bail is posted.

You can obtain this information through CrimeMapping.

It is the officer's responsibility to attempt to locate and notify owners. Generally, when property is seized as evidence or safekeeping, a receipt or business card will be left with the person it was taken from. This receipt or business card will contain the Sheriff's case number, and you will need this number when you contact the Sheriff's Property/Evidence Detail.

Case Number: You must first have the case number (or DR #) that is assigned to your property.

Evidence: If the property was seized as evidence, the investigator assigned to the case must sign a release saying that you may pick up the item(s). Only the person listed as the owner of the property is authorized to pick the item(s) up. If the owner is hospitalized or otherwise incapacitated, a power of attorney form will be necessary. Valid photo identification must be presented in order to receive the item(s).

Weapons: Prior to making an appointment to have a firearm released to you, you must first obtain a Personal Firearms Eligibility Check (PFEC) with the California Department of Justice. Keep in mind that once you receive the clearance letter allowing you to possess a firearm, you will have 30 days from the date on the letter to make your appointment and to pick the firearm(s) up.

Firearms will not be released to a person if any of the following is applicable: (please leave the rest of the information including code sections below this info)

• Felony conviction of any code.
• Person under indictment or court information: includes any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted.
• Persons adjudged a ward of the juvenile court as a result of committing offenses listed under WI 707(b) or CPC 1203.073 until the age of 30.
• Probation restrictions prohibiting the possession of firearms. Restraining orders prohibiting possession of firearms.
• Persons who are addicted to drugs (CPC 12021).
• Person who is a minor.
• Misdemeanor convictions of the following Sections prohibit the possession of firearms for a period of 10 years from the date of conviction.

Penal Codes

71 240 273.5 12024

76 241 273.6 2034(b)

136.1 242 417 12034(d)

136.5 243 417.1 12040

140 244.5 417.2 12072(b)

148(d) 245 417.6 12072(g)(3)

171(b) 245.5 422 12100(a)

171(c) 246 626.9 12220

171(d) 246.3 646.9 12320

186.28 247 12023 12590

Welfare and Institutions Codes

871.5 8101 1001.5

8100 8103 5150

Safekeeping: Peace officers have the authority under CPC 12028.5 to temporarily take into custody firearms or other deadly weapons at the scene of domestic violence. No firearm or other deadly weapon shall be held less than 48 hours.

If the weapon is not retained as evidence to a criminal proceeding, the weapon shall be made available 48 hours after the seizure or as soon thereafter as possible, but no later than 5 business days after the seizure.

Section 2080.10 (b) of the California Civil Code states that property taken for temporary safekeeping must be claimed within 60 days after the public agency obtains possession or the property will be disposed of in accordance with the disposal provisions of this article. It is the policy of the Orange County Sheriff's Department to retain all property taken for safekeeping for an additional 30 days prior to scheduling the property for disposal.

If the department was unable to make notification to the owner of the property, or if the owner provides written notification that they are in custody and unable to pick up the property or have an authorized person retrieve the property, the property will be retained no longer than 12 months. It will then be scheduled for disposal.

California Civil Code requires the Sheriff's Department to retain found property for a minimum of 90 days, after which such property may be sold at public auction. It is the policy of the Orange County Sheriff's Department to retain all found property for an additional 30 days prior to scheduling the property for disposal.

You can telephone the Orange County Sheriff's Department 24 hours a day, seven days a week, and a deputy will be dispatched to your residence or place of business within County jurisdiction. The deputy will take a written report, and take possession of the property. The property is then placed in a property/evidence locker until it can be transferred to the Central Property/Evidence Office in Santa Ana.

To contact the Sheriff's Department, please call the following business telephone numbers. Do NOT call 911.
 

• South Orange County, (949) 770-6011.
• North Orange County, (714) 647-7000.

Section 2080 of the California Civil Code states that any person who finds a thing lost is not bound to take charge of it, unless the person is otherwise required to do so by contract or law, but when the person does take charge of it he or she is thenceforward a depositary for the owner, with the rights and obligations of a depositary for hire. Any person that finds and takes possession of any money, goods, or other material things, shall within a reasonable amount of time, inform the owner, if known, and make restitution without compensation.

Section 2080.1(a) of the California Civil Code states that if the owner is unknown or has not claimed the property, the person shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable amount of time, turn the property over to the police department of the city or city and county it was found, or the sheriff's department of the county if found outside of city limits, and shall make an affidavit, stating when and where he or she found or saved the property.

Section 2080.3(a) of the California Civil Code states that if the reported value of the property is two hundred fifty dollars ($250) or more, and no owner appears and proves his ownership of the property within 90 days, the Sheriff's Department shall call notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves his ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction.

(b) If the reported value of the property is less than two hundred fifty dollars ($250), and no owner appears and proves his or her ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction.

NOTE: For Sections 2080.3(a) and 2080.3(b) to be applicable and for title to be vested in the person who found or saved the property, he or she must sign the affidavit on the back of the Found Property Report Form when the deputy takes possession of the property. Refusal to sign the affidavit at the time the property is turned over to the Sheriff's Department shall be deemed the intention of the finder to abandon title to the found property when such title should vest to the finder.

If no owner appears to prove his ownership of the property and the finder fails to claim the property within 23 days after the 97 day holding period (value $250 or over) or within 30 days after the 90 day holding period (value under $250), or the finder refuses to pay all reasonable charges, then title to the property shall not vest in the finder and the property shall be processed as unclaimed property.
 

The Sheriff's Property/Evidence Detail is open Monday through Friday, 7 a.m. to 5 p.m., and can be reached by calling (714) 834-6482. You will need to call and make an appointment to arrange the release of property to you. Appointments are scheduled for Tuesdays and Thursdays, from 9 a.m. to 11 a.m. in the morning and from 1 p.m. to 4 p.m. in the afternoon.

Property is only released by appointment due to some items being located at other locations. This will provide staff with the time to transfer the property to the main office in Santa Ana. Our main office is located at the Brad Gates Forensic Science Building at 320 N. Flower Street in the City of Santa Ana. For directions, check the "Map" link on our Property/Evidence main page.

You can find out the date and times for public auction by visiting the General Auction Company website. 

Yes, bicycles available for auction can be found on PropertyRoom.com.