Police Misconduct ‘Clean Records’ Are Now Harder to Hide: What AB 1388 Means for Victims

A new California law makes drastic changes to both an individual’s and a police department’s ability to view an officer’s prior disciplinary record, especially when it involves misconduct. If you have been the victim of excessive force or other forms of illegal police action, the Los Angeles police misconduct attorneys at Skapik Law Group can help you seek justice.

AB 1388 is a landmark police misconduct law that took effect in California on January 1, 2026. The law is intended to ensure accountability and transparency with regard to prior instances of misconduct among individual police officers. Being able to access employment records that can show a pattern of misconduct can help you if you are filing a civil rights lawsuit.

You can take the first step towards gaining a measure of justice and accountability by scheduling a free initial consultation with a California police misconduct lawyer at Skapik Law Group by calling us at (909) 398-4404. We passionately believe in fighting for the rights of individuals when they have been taken away by the system.

Police Officers Were Able to Largely Escape Accountability for Past Actions

In the past, police officers who were discharged from their job or left under investigation were able to enter into non-disclosure agreements with the police department for which they worked. This step allowed police officers to more readily get a new job with a different police department elsewhere in the state. The so-called “blue wall of silence” also worked to keep the general public from seeing individual officer records.

Officers who had a track record of misconduct were able to find new jobs even when they had previously engaged in the following illegal actions:

• Excessive use of force
• Planting or fabricating evidence
• Sexual misconduct
• Lying to investigators
• Wrongful arrest or false imprisonment

Police officers who have gotten away with misconduct are far more likely to commit it again in a new job. A small proportion of police officers are thought to be responsible for a disproportionate amount of misconduct complaints.

AB 1388 Brings a New Measure of Transparency

Recognizing that people have a right to know about a public safety officer’s past pattern of conduct, AB 1388 takes a number of steps to enhance transparency and protect the public from repeat instances of officer misconduct. The law was a direct response to two stories in the media that gained widespread attention that detailed how officers who had a prior record of misconduct were able to start anew at a different police department, and the hiring department would have had no way of knowing about their past history.

Specifically, the new law does the following:

• Bans law enforcement agencies from entering into so-called clean record agreements with discharged officers or those who have left while under investigation
• Prohibits law enforcement agencies from destroying or altering records of police misconduct
• Expands public access to records of police misconduct
• Strengthens reporting requirements for instances of police misconduct

How AB 1388 Helps You as a Victim of Police Misconduct

If you or a loved one has been a victim of illegal police conduct, the new law can help you in several ways. If your complaint involves an individual police officer, it is now easier to gain access to their prior records from other positions. Here, you can show that the individual officer had a pattern of conduct that repeated itself in your instance. Second, you may be able to prove that the police department that you are suing should have known about the individual officer’s history before they were hired. These documents would now be discoverable in a lawsuit against the police department. If you can show that the individual officer had a pattern of misconduct, and the police department either ignored it or did not know, you may be in a stronger position to negotiate a settlement if you file a lawsuit.

From your standpoint, it is vital that you are able to obtain these public records, now that they are more easily accessible. Not only do you want information about the past history of the individual officer involved in your misconduct case, but it would also be helpful to gather evidence that relates to the police department that you are suing. It can take some time to build a comprehensive record that can be useful in your civil rights case, making it essential that you hire a police misconduct attorney soon after the incident that injured you or your loved one.

Seek Justice With Our Los Angeles Police Misconduct Law Firm

At Skapik Law Group, your civil rights are meaningful to us, and we will do everything in our power to stand up for them when they have been violated. Schedule a free initial consultation with a Los Angeles police misconduct lawyer by visiting our website or by calling us today at (909) 398-4404.