For a probation report filed with the court, the person who is the subject of the report has a statutory right to inspect or copy it at any time. A newly retained lawyer does not automatically receive an older report just by becoming counsel. San Diego’s current forms index lists CRM-026, which lets an attorney of record request a report from a pending case or identify reports from the same defendant’s earlier cases. The form includes a judge-order section, so filing the request is not immediate authorization to release the report. (Penal Code § 1203.05(f); San Diego CRM-026; San Diego criminal forms index.)
Identify who is requesting the report
Penal Code section 1203.05 gives the district attorney access at any time and allows the report’s subject to inspect or copy it at any time. Other access depends on the statute’s specific authorization, including a limited public inspection period and a court order on petition. These restrictions apply to probation reports; a report should not be treated like an ordinary public docket entry or unrestricted copy request. (Penal Code § 1203.05.)
CRM-026 asks the attorney to certify current attorney-of-record status in a pending California criminal case and to identify whether the request concerns that case or earlier reports for the same defendant where the lawyer was not counsel of record. Complete the case numbers and report information, identify any permitted designee, and follow the form’s judge-signature process. If an older report is held by a different county, contact that court rather than assuming San Diego can release it. (CRM-026; San Diego criminal forms index.)
Keep the report private and distinguish a current sentencing report
A probation report may contain confidential information. A requester must show the access route that applies; the ordinary copy process does not erase those restrictions. The California courts’ records guidance also distinguishes public files from confidential records requiring proof of a right to access. (California Courts, access to court records.)
This is different from correcting factual errors in a presentence report before a sentencing hearing. For an older report, identify the subject, lawyer’s current status, court and case number, report date, and the requested judge order. Keep the signed authorization and any release instructions with the case file. For a San Diego report request, the Law Offices of David S. Chesley can review CRM-026 and the applicable access route. Call (800) 755-5174, or see the sentencing advocacy page.