Public Defender
The San Bernardino County CA Public Defender provides court-appointed legal representation in qualifying criminal and civil commitment matters and also operates post-conviction programs for eligible individuals. This article explains who the office represents, how appointment works, what happens around arraignment and jail custody, how to contact the office about a case, what information to prepare, how record-clearing and PC 290 relief work, and which Public Defender offices handle specialized post-conviction matters.
Role of the Public Defender
The San Bernardino County Public Defender is a county department responsible for defending clients who qualify for appointed representation. Its stated mission is to defend clients' rights and dignity and provide equitable access to justice through holistic representation.
The department is staffed by attorneys licensed by the State Bar of California. Attorneys who represent clients in court are Deputy Public Defenders. The office also employs investigators, social workers, and support staff. Investigators may examine evidence, locate and interview witnesses, conduct field investigations, and otherwise support defense attorneys. Social workers may help clients connect with available county and state social services.
The department describes its representation as holistic because its work can extend beyond courtroom advocacy. When appropriate, the office may help clients obtain access to social service programs, alcohol and drug rehabilitation services, or counseling for mental health issues. These services support the defense team's work but do not change the requirement that the Public Defender must have authority to represent a person in the underlying matter.
More information about the department's staffing and representation model is available through the official Public Defender office overview.
Appointment and Financial Eligibility
A person does not normally select the San Bernardino County Public Defender in the same way that someone hires a private attorney. The office states that it cannot provide counsel unless it has been appointed.
If a defendant is financially unable to afford an attorney, the court can appoint a lawyer at arraignment. When the San Bernardino County Public Defender is appointed, a Deputy Public Defender represents the client. The appointment process therefore takes place through the court rather than through a general online application for a new criminal case.
A legal conflict of interest can change which attorney is appointed. If the Public Defender has a conflict that prevents the office from representing the defendant, the arraignment court may appoint a private law firm that has a contract with the County to provide indigent defense services. A conflict appointment should not be confused with privately hiring an attorney; it is an alternative arrangement made through the court when the Public Defender cannot ethically handle the case.
The Public Defender's official rights and services information explains appointment, bail, jail procedures, police interactions, post-conviction services, and several other issues that commonly arise before or during a criminal case.
Possible Public Defender Fees
Receiving an appointed Public Defender does not mean the Public Defender office directly bills clients during the criminal case. According to the department, after a criminal case has concluded, the court may order a client to pay a reasonable amount for Public Defender services based on the client's financial resources.
If the court orders payment, the Public Defender does not collect the money. Payments are made to the County's Central Collections Bureau after the case has concluded. The Public Defender is also not responsible for the hearing concerning ability to pay, billing, or collection of fees ordered by the court.
Matters the Office Represents
The Public Defender represents adults and juveniles charged with misdemeanor or felony crimes when the requirements for appointed representation are met. The department also represents certain individuals facing involuntary civil commitment for mental disorders and individuals facing commitment under the Sexually Violent Predator statute.
The office does not provide general representation for every type of legal dispute. Its stated representation does not include ordinary lawsuits, child custody disputes, unlawful detainer matters, or other non-criminal cases simply because a person cannot afford private counsel. Those matters should not be submitted as requests for appointment in a criminal case.
This distinction can prevent a common mistake: the Public Defender is a defense agency with specifically defined responsibilities, not a general county law office for residents who need assistance with any legal problem.
Arrest, Arraignment, and Custody
For someone who has just been arrested, arraignment is a particularly important stage because it is where the court addresses charges, rights, plea, bail, and appointed counsel. The Public Defender states that, excluding weekends and holidays, an in-custody arraignment must occur within 48 hours of arrest.
At arraignment, the arrested person is informed of the charges and rights, receives the charging document, has an opportunity to enter a plea, and receives a next court date. Bail can also be addressed. In San Bernardino County, an incarcerated person may appear by video from the West Valley Detention Center or Adelanto Detention Center.
People trying to locate someone after an arrest should distinguish jail information from court information. The Sheriff's Inmate Locator is used to locate a person in San Bernardino County jail custody. A court case number, by contrast, identifies the court proceeding. The two types of information serve different purposes and should not be treated as interchangeable.
Bail and Release Terms
Bail is money that some defendants are required to deposit as a condition of release while a criminal case is pending. The Public Defender explains that bail may be posted using cash, a cashier's check, or a bail bond. Money used to post bail can be deposited with the Sheriff's Department.
A judge sets bail according to the County's bail schedule and the circumstances involving the arrested person and the charged conduct. The schedule is a guideline, so the amount actually ordered by the court can differ from a scheduled amount.
A person may also be released on their own recognizance, commonly called an OR release. An OR release can include requirements to appear when ordered, follow reasonable release conditions, remain in the state unless the court gives permission to leave, and comply with other conditions stated in the release agreement.
Law Enforcement Investigations
The Public Defender provides specific instructions for people who believe they are under investigation by San Bernardino law enforcement. The department advises such individuals to contact the Public Defender by telephone at 909-382-7639. The purpose of the consultation is to address rights, responsibilities, and possible outcomes associated with the investigation.
The department states that consultation concerning a person's own potential case is confidential. It also accepts collect calls regarding San Bernardino County criminal or civil commitment legal matters.
This situation differs from requesting routine appointment after charges have already reached court. Someone who has been charged and is appearing for arraignment generally receives appointed counsel through the court process, while the department separately identifies a telephone contact procedure for a person who believes an investigation is underway.
Contacting the Public Defender
The department provides an official Public Defender contact form for general communications. Before submitting a case-related message, having accurate identifying and court information can help the office determine what matter the inquiry concerns.
The form requires a first name, last name, subject, phone number, email address, and message. For case inquiries submitted on behalf of a client, the form also requests information that can include:
The client's first and last name.
The client's date of birth in MM/DD/YYYY format.
The court case number, when available.
A message explaining the reason for the inquiry.
The department specifically warns that messages are not monitored 24 hours a day. An urgent matter submitted through the online form therefore may not reach staff immediately.
Users should also avoid confusing the general Public Defender contact form with post-conviction applications. Record clearing and PC 290 inquiries have separate procedures and forms because they require different information and eligibility reviews.
Post-Conviction Record Clearing
The Public Defender's Post-Conviction Relief Unit assists with several forms of relief after conviction. The official Clear Your Record program explains that successful post-conviction relief can reduce some of the continuing effects of a conviction and may help with employment or school registration.
Record-clearing relief should not be interpreted as physically erasing all court records. The department states that a granted petition does not remove the court record from public inspection. A conviction also may still be used as a prior conviction to increase punishment following a later conviction.
Dismissals After Probation
An individual who has completed probation on a qualifying offense and has no new or pending court cases may petition for dismissal under Penal Code section 1203.4 or 1203.4a. Eligibility depends on the circumstances of the particular case and the requirements associated with the requested relief.
Certificates of Rehabilitation
A Certificate of Rehabilitation is another form of post-conviction relief described by the Public Defender. It is a court order declaring that a person has been rehabilitated and can be presented to an employer. It is also described as the first step toward obtaining a pardon from the governor.
The Public Defender states that qualifying applicants must have been free from custody for at least seven years, must have been California residents for five consecutive years before filing, must not be on probation or parole, and must pass a background check. The petition is filed in the applicant's county of residence. A person residing outside California must seek a direct pardon from the governor's office instead.
Other Types of Relief
The Post-Conviction Relief Unit also identifies relief associated with Proposition 47, Proposition 64, and Assembly Bill 2147. Proposition 47 can allow certain nonviolent felony convictions to be reduced to misdemeanors through a petition. Proposition 64 can allow many marijuana convictions to be reduced or dismissed.
Assembly Bill 2147 provides a potential process for individuals who successfully participated in fire prevention work through a California Conservation Camp or county hand crew while incarcerated. The petition must be filed in the county where the individual was sentenced. Certain violent offenses are excluded from this form of relief.
Record-Clearing Application Details
The department provides a dedicated record-clearing application for San Bernardino County matters. The Public Defender recommends reviewing the form before beginning. The stated completion time is approximately 20 to 40 minutes.
The application asks for identifying information, mailing information, contact information, and details about convictions. Applicants must provide either a phone number or email address and are encouraged to provide both when possible.
The form also contains waivers and authorizations for individuals who want the Public Defender to proceed with filing a post-conviction petition. These provisions address court appearances, resentencing, obtaining criminal case materials, electronic communication, and authorization for the Public Defender to petition the San Bernardino Superior Court on the applicant's behalf.
Eligibility Questions on the Form
For a reduction or dismissal request, the application asks whether the applicant:
Is currently on probation, parole, or post-release community supervision.
Has outstanding fines or fees in any case.
Owes restitution in a criminal case.
Has pending criminal charges.
Was convicted of a sex-related offense or is required to register as a sex offender.
Was convicted without probation less than one year ago.
The form states that a "yes" response to one or more of these questions may mean the person is not eligible for post-conviction relief at that time. Fire camp participation may create another possible path to dismissal, but proof of participation must be provided.
Preparing the Declaration
The record-clearing process may also require a declaration explaining why relief should be granted in the interests of justice. The department's form instructs applicants to address the circumstances of the offense, responsibility for the offense, sentence or probation violations, any new offenses, and the reason relief is being requested.
Relevant information can include employment, housing, professional licensing, education, certificates, personal growth, and positive community involvement. Supporting documents may be submitted after the applicant receives the confirmation email acknowledging receipt of the declaration.
Applicants should enter court case numbers separately from other identifiers. A criminal court case number identifies a specific court matter. It should not be replaced with a jail booking number or another agency identifier unless the form specifically asks for that separate number.
PC 290 Registration Relief
The Public Defender also handles petitions related to California's tiered PC 290 registration system. The department's PC 290 registration information explains that adult registration has three tiers: Tier 1 has a 10-year minimum registration period, Tier 2 has a 20-year minimum period, and Tier 3 requires lifetime registration. Juvenile registration has two tiers, with minimum periods of five and 10 years.
A person's tier is based on the applicable conviction history. The registration period begins after release from custody following the sex offense, including applicable civil commitment time. Additional custody and convictions for failing to register can affect the length of the registration period.
Registration Continues Until Removal
Removal from the registry is not automatic when a minimum registration period is reached. A registrant must continue keeping registration current and accurate until a court grants the petition and the person is removed from the registry.
Proof of current registration must be included with a petition. The Public Defender emphasizes that a person should continue registering during the petition process, including while waiting for a judge to make a decision.
Petition Filing Requirements
A petition for removal is filed under Penal Code section 290.5 in the county where the individual registers. For an adult-court conviction, the petition is filed in superior court in the county of registration. For a juvenile-court offense, the petition is filed in juvenile court in the county of registration.
The petition must also be served on specified parties. The department identifies the district attorney and law enforcement agency in the county of registration, along with the district attorney and law enforcement agency in the county where the conviction occurred.
An improperly filed petition may be denied and may result in a delay of one to five years before another petition can be filed. A person also cannot be on probation, parole, or other supervision when petitioning for removal.
Timing After Filing
The Public Defender states that it may take at least four months for a judge to rule on a PC 290.5 petition. Law enforcement has 60 days after filing to submit a report to the district attorney and the court addressing completion of the registration period and eligibility for removal.
Within 60 days after receiving the law enforcement report, the district attorney in the county of registration or the county of the prior offense may request a court hearing. A hearing may be requested when the registration period has not been completed or when the district attorney argues that continued registration would significantly enhance community safety.
If the district attorney does not request a hearing, the petition can be granted when the applicable requirements are satisfied, including completion of the registration period, current proof of registration, absence of pending charges that could affect the registration period or tier, and the applicant not being in custody or under probation, parole, or supervised release.
PC 290 Application Preparation
Individuals seeking assistance from the Public Defender with a PC 290.5 petition can submit the official PC 290 relief application. The application collects substantially more specialized information than the general record-clearing form, so using the correct application is essential.
The PC 290 application requests identifying and contact information, Social Security number, driver's license information, and a CII or SID number. The department states that the CII number is found on the applicant's Proof of Registration and Tier Notification Letter and must be included with the application.
The form also asks whether the applicant authorizes release of information to the California Department of Justice so the Public Defender can obtain a criminal history. Applicants choose a preferred contact method and may provide an optional alternate contact person.
Registration Documents
The Public Defender requires current proof of registration before it can petition for removal. The application asks for the county and agency where the person registers, the registration date, and whether the applicant possesses current proof of registration.
The Tier Notification Letter is another key document. Registrants are instructed to request the letter from the registering agency. The application asks whether the letter has been obtained and requests the Department of Justice-designated tier.
The applicant is asked to submit copies of the proof of registration, Tier Notification Letter, and driver's license or state identification. Accepted electronic file types are DOCX, JPG, JPEG, PDF, and PNG, with a maximum file size of 3 MB. Documents can also be provided by replying to the application's confirmation email, by mail, or in person at a San Bernardino Public Defender office.
Conviction and Custody History
The PC 290 form requests information about the most recent sex-related conviction, including the Penal Code section, crime, county, court case number, whether the case was handled in adult or juvenile court, arrest and conviction dates, sentence, release date, and the number of sex convictions and cases.
Applicants are also asked about out-of-state, federal, or military sex offenses and any failure-to-register convictions. Separate questions cover custody after release from the sex-related case, later arrests, prior civil commitments, open criminal cases, prior life sentences, present custody, and current probation, parole, or other supervision.
When the form asks for a booking or California Department of Corrections and Rehabilitation number, that identifier should be entered in the designated field rather than substituted for the court case number. Keeping those identifiers separate can prevent a case from being matched to the wrong record.
Second Chance Resentencing
The Public Defender also identifies several resentencing and post-conviction procedures handled through its Second Chance work. These include law-enforcement recommendations for recall and resentencing under Penal Code section 1172.1, felony murder resentencing under section 1172.6, relief involving certain prison and drug priors under section 1172.7, and motions to vacate under section 1473.7.
The office also references youthful offender proceedings under Penal Code section 3051 and resentencing provisions for qualifying military veterans under section 1170.91. These procedures address different legal circumstances and should not be treated as interchangeable forms of relief.
The department specifically asks that people currently incarcerated because of a San Bernardino County felony conviction who may qualify for one of the identified resentencing laws contact the Second Chance Unit by mail. The office information appears in the department list below.
Common Public Defender Mistakes
Several avoidable errors can delay communication or send a request to the wrong process. One of the most common is trying to obtain initial appointed representation by submitting a general website message. For a financially eligible criminal defendant, appointment normally occurs through the court at arraignment.
Another mistake is using the Public Defender for a legal matter outside its stated representation. Ordinary civil lawsuits, child custody matters, unlawful detainers, and similar non-criminal cases are outside the office's described representation.
Post-conviction applicants should also distinguish general record clearing from PC 290 relief. The two processes use different forms and request different information. A person required to register as a sex offender should use the PC 290 process when seeking registry-related relief rather than treating the matter as an ordinary dismissal application.
For PC 290 matters, stopping registration while a petition is pending is a serious procedural mistake. Registration must remain current until a judge rules in the person's favor and removal from the registry is completed.
Incomplete application information can create additional problems. Before submitting a record-clearing or PC 290 form, applicants should gather the identifiers and documents requested by that specific form. Depending on the process, those items can include a court case number, conviction information, release information, current proof of registration, a Tier Notification Letter, CII number, driver's license or state identification, and information concerning later custody or supervision.
Finally, users should not assume that an online message will receive an immediate response. The general Public Defender contact form is not monitored continuously. Case-specific court dates, custody issues, law enforcement investigations, record-clearing applications, and PC 290 petitions each have their own procedures, so choosing the correct channel is more useful than sending the same inquiry through multiple forms.
Public Defender Offices
Law Offices of the Public Defender
323 West Court Street
San Bernardino, CA 92401
909-382-3950
Public Defender Post-Conviction Unit
323 W. Court St.
San Bernardino, CA 92415
909-387-7050
Law Offices of the Public Defender, 2nd Chance Unit
323 W. Court St.
San Bernardino, CA 92415
909-918-2246
Public Defender FAQs
How can I check the status of a PC 290 relief application?
If you already submitted a PC 290 post-conviction application, the Public Defender provides a separate PC 290 relief status form. The form asks whether you have a pending post-conviction application and, when applicable, requests your date of birth so staff can identify the matter. It also requires enough information for the office to respond. This status form is intended for an existing request rather than starting a new PC 290 application.
Is information on the PC 290 application confidential?
Yes. The official PC 290 relief application states that information provided on the form is confidential and protected by attorney-client privilege, and that it will not be shared without the applicant's consent. The application separately asks whether the applicant authorizes release of information to the California Department of Justice so the Public Defender can obtain a criminal history. Applicants should read each authorization carefully before submitting the form.
Does the Public Defender hold legal help events in the community?
Yes. The department operates Mobile Defense events and also participates in events involving record expungement and other county services. Locations and schedules change throughout the year. The official Public Defender website publishes an events calendar showing upcoming Mobile Defense, job fair, and expungement events in communities throughout San Bernardino County.
Can law students apply for Public Defender clerkships?
The office offers Summer and Post-Bar Law Clerk opportunities. Summer Clerk applicants must have completed their first year at an ABA- or State Bar of California-accredited law school. Post-Bar applicants must have graduated from an eligible law school and meet California Certified Law Student requirements. Recruitment information, application periods, and current openings are published on the Public Defender employment page.