Clerk-Recorder's Office

The Santa Clara County Clerk-Recorder’s Office records property documents, maintains vital records, issues marriage licenses, and accepts several business and professional filings. This article explains which services the office handles, how to choose between in-person, mail, and online options, what information to prepare, and which records belong to another office.

What the Clerk-Recorder Handles

The Office of the County Clerk-Recorder accepts and records documents that provide public notice, preserves birth, death, and marriage records, and makes recorded or filed documents available for purchase. Its services include marriage licenses and civil ceremonies, Fictitious Business Name (FBN) statements, notary oath and bond filings, certain professional registrations, and real estate recording.

The office’s service directory is useful when the name of a service is unclear. You can search for a service by name or filter the list by the type of request. Open the individual service page before preparing a form or payment: a certificate order, a business filing, and a document submitted for recording follow different procedures.

Records Held by Other Offices

A divorce record is a court record, not a marriage record maintained by the Clerk-Recorder. Requests for divorce records go to the Santa Clara County Superior Court. Likewise, the Clerk-Recorder records property documents but does not maintain a single property file containing every deed, easement, and other record affecting a parcel. The County Assessor is a separate office; its information may help identify a recorded document, and its Preliminary Change of Ownership Report is relevant to some recordings.

The Clerk-Recorder also does not provide apostille service. That service is handled by the California Secretary of State. Identifying the record or transaction first can save a trip to the wrong counter.

Choosing a Service Channel

The office offers in-person service with or without an appointment. Walk-ins may have a wait, so an appointment can provide a set time for a service that allows one. The office’s general public hours are Monday through Friday, 8:00 a.m. to 4:30 p.m.; it is closed Saturday and Sunday. Some services have a 4:00 p.m. service window on the fee schedule, so check the details for the transaction you plan to complete.

The in-person services page distinguishes appointments for vital records, marriage services, maps, and business filings. An appointment is not required to bring real property documents for recording. If you began a request in the self-service portal, the office recommends booking an appointment to finish the process in person and bringing your identification and payment. For a form started in that portal, retain the SST number so the office can locate the work you began.

Mail and online options vary by service. The online services page explains how the office handles certificate requests, marriage applications, mailed recording documents, business filings, notary filings, and CEQA filings. An online application does not necessarily complete a transaction remotely. In particular, both people getting married must visit the office for marriage services even if they submit the license application online beforehand.

Forms and Payment Preparation

The forms page labels forms by available submission method: in person, mail, or online or email. A form marked for in-person use should be completed and printed before the visit when the page instructs you to do so. Mail requests require the completed form to be sent to the office; email forms must be completed and sent as directed on the form. Do not assume that every form can be submitted through every channel.

Review the official fee schedule for the particular certificate, license, copy, filing, or recording. Charges differ by service, and recording charges can depend on the document and applicable taxes or additional fees. Sending an FBN statement without appropriate payment information, for example, can result in its return or rejection.

Birth, Death, and Marriage Certificates

The Clerk-Recorder accepts orders for copies of birth, death, and marriage records. Birth and death certificates may be requested in person, by mail, or online. The office also provides a marriage certificate order form with those submission options. A marriage certificate copy is a different request from an application for a marriage license: the copy concerns a record, while the license is part of the process of getting married.

For certified copies requested by mail or online, the office states that a completed sworn statement and notary acknowledgment are required. Completed requests are sent through U.S. mail within four to six weeks. Prepare the applicable order form and follow its instructions for the record you need rather than using a business filing or official-record copy form.

Recent and Amended Records

Timing can affect an in-person vital-record request. If the birth, death, or marriage event occurred within the preceding four weeks, its record is unavailable in the office’s system. The office says a customer may pay for the record and have it mailed once it has been uploaded. Most documents requested in person should be issued the same day, but a poor image or illegible document may instead be mailed to the address on the application.

An amendment or correction takes four weeks to appear in the office’s system after it is filed at the state office. Tell staff if the record was amended and should include a second page. Genealogy requests must be mailed with the appropriate fee rather than handled during a vital-record appointment. For a letter of no record or single-status search, an appointment allows two searches; additional searches must be mailed to the office for processing.

A change to the name on a child’s birth certificate is not completed simply by ordering a new copy. The office’s instructions say to obtain a court order for the name change, complete the amendment form reflecting that order, and send it with the appropriate fee to the State Office of Vital Records. The Clerk-Recorder or the Local Registrar of Births and Deaths can provide the form.

Marriage Licenses and Ceremonies

The Clerk-Recorder issues marriage licenses and performs civil ceremonies. Its marriage services page separates information about getting married, planning a ceremony, and ceremony guidelines. A marriage license application may be submitted online before the office visit, but both parties must appear at the office for marriage services.

The fee schedule distinguishes a standard license from a confidential license and lists separate charges for chapel and express ceremonies. It also lists a witness fee for a standard ceremony when the couple lacks a witness; a witness is required for a standard marriage ceremony. Review the license and ceremony options before making an appointment so that the application, planned ceremony, and payment match the service requested.

Recording Real Estate Documents

The Recording Division accepts real property and certain other documents, including deeds, deeds of trust or mortgages, statutory liens, and abstracts of judgment. Its real estate recording instructions set out the general submission requirements. The property must be in Santa Clara County, the document must be legally recordable, and the submission must include the proper fees and applicable taxes. The document and any notary seal must be legible and reproducible. An incomplete or illegible document may be rejected.

The office does not supply real estate recording forms or select a form for a customer. It also does not provide legal advice about a document affecting title. A certified birth, death, or marriage certificate submitted for recording cannot be altered, including by redacting a Social Security number. A document submitted for re-recording generally must be signed and acknowledged again, subject to the exceptions identified in the office’s recording instructions.

Transfer Tax and Ownership Reports

A change of ownership may involve documentary transfer tax unless an applicable statutory exemption is cited. The recording instructions require the document to show how the tax was computed and to have the tax declaration signed by the person computing the tax or claiming an exemption. When no documentary transfer tax is due, the instructions call for “0” on the tax line and a valid reason for the exemption. Applicable city conveyance taxes are collected at recording; claims for exemptions or refunds of those city taxes go to the finance agency of the city concerned.

If a Preliminary Change of Ownership Report is required and is missing, incomplete, or unsigned when the document is recorded, an additional $20 is due. The report concerns the Assessor’s process, while the Clerk-Recorder accepts the document for recording. Check the report requirement and the current recording fee schedule before submitting a deed. The office states that mailed documents meeting all recording requirements are reviewed and recorded within ten business days; the original is mailed out within six to eight weeks.

When a Recorded Document Has Not Arrived

After processing, the office returns a recorded document to the party named at the address in the document’s upper-left corner. If someone else prepared or submitted it, that location may contain their information rather than yours. A delayed return may also mean the document is still being processed, was not recorded, or was mailed to an incorrect or former address. Check who was listed to receive it and confirm that the document was recorded before treating a missing original as a mailing problem.

Researching Recorded Documents

To view recorded real estate document images, the office directs customers to research them in person. The Clerk-Recorder does not conduct a customer’s search or assemble a complete property history. Its recorded-document research instructions identify a name, document number, or book and page number as useful search information. Book and page numbers are relevant to maps and documents recorded before 1994. The office also provides access to maps or documents recorded from 1850 through 1980 on Digital Reel.

A property address or Assessor’s Parcel Number is not searchable in the Clerk-Recorder’s index. Assessor information may help you locate a document number to use at the Recorder’s office. Recorded material is maintained by document number and grantor or grantee name, so try other spellings and forms of a person’s name or a relevant business name when researching a record. Index information is a guide to the underlying document; read the document itself before relying on its contents.

The office’s FAQ states that the online search of the Official Record Index was discontinued under a County directive effective November 5, 2018. Do not confuse an online self-service filing or FBN search with access to recorded real estate document images. For a lien inquiry, an in-person name search can show documents in which a person appears as grantor or grantee, but a court judgment may exist at the court without having been recorded by the Clerk-Recorder. If a paid lien lacks a recorded release, the authority that placed the lien must address the release through its process.

Fictitious Business Name Filings

An FBN statement makes the true name and address of a business’s owners available to the public. The Clerk-Recorder accepts new statements, renewals, refilings, abandonments, and certain partnership withdrawals. Before filing, the office advises searching the business name or looking up an earlier filing. Its self-service search can be used without the staff research fee listed on the fee schedule.

The FBN filing instructions describe self-service, in-person, mail, and email options. For a mailed application, include the completed application, fees, and a self-addressed stamped envelope. An emailed form must include the required payment information or it may be returned or rejected. The office states that processing an application can take up to five workdays. Its instructions also direct filers to publish the statement if publication is required.

An FBN filing is separate from obtaining a business license. It is also separate from recording a deed: the search information, forms, and fees differ. If you are renewing or refiling, look up the prior statement before completing the new form so the filing reflects the business and owners you intend to identify.

Other Filings at the Office

Notaries file their oath of office and bond with the Clerk-Recorder. The office states that the oath and bond must be submitted within 30 calendar days of the commission’s starting date. Notary filings may be sent by mail, and appointments are available. The office also handles registrations for process servers, legal document assistants, unlawful detainer assistants, and professional photocopiers; their forms and fees differ from notary filings.

The Clerk-Recorder accepts California Environmental Quality Act (CEQA) filings and provides a way to search CEQA filings. The office states that electronic filing remains available for a CEQA filing under the ten-page limit. A longer filing should not be assumed eligible for that electronic option. Review the applicable form and fee before submission, since the fee schedule separates County Clerk processing charges from other amounts that may apply to a CEQA document.

Relevant Departments and Offices

Santa Clara County Clerk-Recorder’s Office — 110 West Tasman Drive, 1st Floor, San Jose, CA 95134; (408) 299-5688.

Recording Division, Santa Clara County Clerk-Recorder’s Office — 110 West Tasman Drive, 1st Floor, San Jose, CA 95134; (408) 299-5688.

Business Division, Santa Clara County Clerk-Recorder’s Office — 110 West Tasman Drive, 1st Floor, San Jose, CA 95134; (408) 299-5688.

Office of the Assessor, County of Santa Clara — 130 West Tasman Drive, San Jose, CA 95134; (408) 299-5500.

Santa Clara County Superior Court — 201 N. First Street, San Jose, CA 95113; (408) 882-2900. Mailing address: 191 North First Street, San Jose, CA 95113; (408) 882-2100.

Clerk-Recorder's Office FAQs

Can I hide my address on a recorded deed?

A recorded deed is a public record, and information printed on it may be viewed by others. The Clerk-Recorder says it cannot restrict access to information on a deed after recording. If you are preparing a document, review what it contains before submitting it. If you recently bought a home and are receiving solicitation calls, the deed may explain how someone obtained your mailing address, but the office says it does not maintain a file pairing property owners’ addresses with phone numbers. See the office’s recording FAQs.

Can the Clerk-Recorder fix a lien on my credit report?

No. The office makes recorded documents available for public search, but it does not report information to credit agencies or resolve disputes about a credit report. Start a dispute with the credit bureau showing the error. If the underlying issue is a paid lien that still lacks a recorded release, work with the authority that placed the lien; that authority must follow its process for correcting its records and submitting a release.

How much does a certificate copy cost?

The County fee schedule lists a certified birth certificate at $34, a death certificate at $26, and a marriage certificate at $19. These are different from fees for marriage licenses and copies of recorded property documents. Check the fee for the exact record and type of copy you need before paying, particularly if your request includes more than one document.

Can someone perform our ceremony for one day?

The office lists a one-day deputy marriage commission service and a corresponding form. Its fee schedule lists the commission at $80. Review the official forms page for the required in-person submission method, and arrange the commission before relying on that person to perform your ceremony.