An investigation by the San Francisco Chronicle, in partnership with the University of California, Berkeley, has unveiled a hidden “clean record” system within California law enforcement agencies that aims to obscure police misconduct. This troubling practice raises significant questions about accountability, as agency leaders have routinely used it to sidestep responsibility, often opting to transfer problematic officers to other departments instead of addressing their actions.
The inquiry found that over the years, more than 100 law enforcement agencies across California have participated in “clean record agreements.” These arrangements typically involve confidential legal settlements that enable troubled officers to resign or retire without facing accountability for their actions.
In the past three years, Chronicle journalists have sought these agreements from 501 police departments under the California Public Records Act. The agreements usually contain clauses for overturning an officer’s termination, and in certain cases, they include cash settlements. While over a third of the departments refused to disclose their agreements, the investigation uncovered extensive evidence indicating that these practices are widespread throughout California.
Here are the investigation’s key findings:
1. Over the past decade, at least 163 police departments in California have signed clean record agreements, which have obscured misconduct involving at least 297 officers. While the specifics may vary, most agreements promise to either destroy disciplinary records or classify them as confidential, limiting the information shared with future employers. Alarmingly, at least five officers have entered into multiple clean record agreements.
2. Of the 297 officers implicated, 52 secured jobs at other police departments after signing an agreement, 56 found work in security or correctional facilities, 16 took on educational roles, and three were elected or appointed to public office.
3. Despite being signed at different times and locations, the structure and wording of these agreements display remarkable consistency. The documentation reviewed by the Chronicle was largely drafted by a select group of attorneys affiliated with the Peace Officers Research Association of California Legal Defense Fund, which receives funding from police unions.
4. Although there has been ongoing dialogue about police reform, California has yet to propose any legislation to address these secretive agreements or implement basic preventive measures. For instance, a landmark law enacted in 2022 mandates that police leaders report severe misconduct to a newly established state agency, potentially leading to the revocation of officers’ licenses. However, it lacks the enforcement mechanisms needed to prevent local departments from continuing to enter into clean record agreements.
5. More than half of the officers involved in these agreements received cash payments, with the total amount disbursed reaching $23.7 million. Individual payments ranged from $880 to $3.1 million.
