Florida Arrest Records

Florida arrest records are official documents generated after a suspect has been taken into custody for an alleged crime. These records typically contain a physical description of the arrested individual, the circumstances leading to the arrest, and the officer/agency that made the arrest.

In Florida, arrest records are maintained by the Florida Department of Law Enforcement and local law enforcement agencies such as the Miami Police Department, the Miami-Dade Sheriff's Office, and the Tampa Police Department. Florida arrest records offer valuable insight into the workings of the state's police system. They reflect how law enforcement agencies uphold the law and maintain public order and safety within their jurisdictions.

Are Arrest Records Public in Florida?

Under the Florida Sunshine Law, as outlined in Chapter 119 of the Florida Statutes, arrest records are generally considered public records. Anyone may request to view, copy, or reproduce arrest information maintained by record custodians unless otherwise stated by law. Consequently, the FPRL restricts public access to certain records. Such exemptions apply to active criminal investigative and intelligence information (Section 119.071(2)(c)1), juvenile arrest records, confessions, specific victim data, sealed or expunged records, and other records/information restricted by law, court order, or court rule.

Interested parties may obtain additional information on arrest record exemptions in Florida via the Sunshine Manual, published annually by the Florida Office of the Attorney General.

Florida Arrest Statistics

According to National Incident-Based Reporting System (NIBRS) arrest statistics, Florida law enforcement agencies recorded 7,476,616 arrests between December 2022 and December 2023. This figure comprises 75.75% (5,439,075) males and 27.25% (7,476,616) females.

A breakdown of the types of offenses for which Florida law enforcement agents arrested suspects between December 2022 and December 2023 showed that all offences other than traffic violations were the most prevalent crimes, with 32.14% (2,441,519), of all offenses, followed by simple assault at 13.21% (1,003,640), driving under the influence at 10.52% (799,074), possession of dangerous nonnarcotic drugs at 4.60% (349,249), and unspecified assault at 4.59% (348,891). Other offenses include disorderly conduct, possession of Marijuana, and weapons possession, which constituted 3.44% (261,065), 2.92% (221,640), and 2.31% (175,195), respectively.

Find Public Arrest Records in Florida

Obtaining public arrest records in Florida is generally straightforward because these records are typically maintained by law enforcement agencies and are considered public under the state's Sunshine Law. Individuals seeking arrest information may direct their record requests to the police agency responsible for the arrest, as local law enforcement agencies do not maintain records for arrests outside their jurisdictions.

Most sheriff's offices and police departments provide in-person and online options for accessing arrest information. Inquirers may also submit a public records request under Florida Statute § 119. Since request procedures vary across agencies, it is advisable to check the specific law enforcement department's website or contact their records division for detailed instructions.

The Florida Department of Law Enforcement (FDLE) provides an additional means of obtaining statewide arrest information through its Criminal History Record Check System. Each search costs $24, with a further $1 processing fee, payable by debit or credit card. Alternatively, individuals may submit a formal public records request directly to FDLE. Charges may apply; details regarding costs and submission procedures are available in the FDLE's Public Records Request Manual.

Not all arrest information in Florida is publicly available. Certain records are exempt from disclosure under state law and may only be released to authorized parties or under specific statutory conditions. In some instances, access may require a court order.

In some cases, requesters may need to subpoena records from an agency. A subpoena is a formal court order requiring an agency to produce documents or testify in court. Florida courts typically issue subpoenas only for active court cases.

The process for serving a subpoena varies depending on the agency involved. Individuals seeking record access via subpoenas may obtain guidance from the relevant agency or consult with a legal professional.

How to Look Up Arrest Records Online in Florida

Information seekers may access Florida arrest records online through official and non-government sources. An example of an official source is a sheriff's office online portal, which provides information such as an arrestee's name, arrest date, booking number, and other relevant details. Interested parties seeking arrest data in Hillsborough County may search the local sheriff's Arrest Inquiry database with a last name or other available criteria. Some sheriff's offices present arrest information on their site in a scrollable list format.

Suppose no official arrest records portal is available. In that case, the requester may contact the local law enforcement authority to request arrest information or check if someone is in jail following an arrest. For example, individuals who wish to determine if someone is currently incarcerated in Martin County may contact the local jail at (772) 220-7220.

On the other hand, many third-party aggregator websites are accessible online to individuals seeking Florida arrest records with a specific subject in mind. Typically, the search parameters required to use a third-party website include a person's last and first name and the particular state or city the search should cover (some websites offer a nationwide check). However, users may incur fees.

What is Included in Florida Arrest Records?

A typical Florida arrest record may include the following elements:

• Arrestee's Physical and Identifying Information: This consists of a suspect's complete name, date and place of birth, aliases or nicknames, residence, and occupation. Other identifying features include race, ethnicity, sex, height, weight, build, complexion, eye color, hair color, and any visible scars, marks, or tattoos, as well as mugshots.
• Arrest Details: Arresting agency, arrest location, date, time, type of arrest, and charge(s) filed.
• Court Information: Court case number, arraignment date, and time
• Custody and Release Information: Bail or bond amount, if applicable, arrest status, indicating whether the suspect was released (with release date and time), remains in custody (with cell location), or is being held for another agency.
• Booking Information: Booking number, date, and time

Note: This is not an exhaustive list. The exact contents of a public arrest record in Florida may vary depending on the law enforcement agency maintaining the record.

How Long Do Arrests Stay on Your Record in Florida?

Indefinitely. Florida's law does not specify a timeline for automatically deleting or removing an arrest incident from records maintained by criminal justice agencies. Instead, Florida arrest records are kept in line with the state's public records provisions and agency record retention schedules. Per the Florida Department of State's General Records Schedule GS-2 for Criminal Justice Agencies and District Medical Examiners, Item #32, the standard rule for maintaining arrest records in Florida is "until obsolete, superseded, or administrative value is lost". Interested persons may, however, seek the sealing or expungement of their arrest records to limit general access to them.

Expunge an Arrest Record in Florida

In Florida, there are different procedures for expunging or sealing arrest records depending on the circumstances of the arrest and its outcome.

1. Administrative Expungement

Under Fla. Stat. § 943.0581 and Fla. Admin. Code R. 11C-7.008, individuals (adults or juveniles) whose arrests were erroneous or unlawful may request an administrative expungement through the Florida Department of Law Enforcement (FDLE).

2. Sealing or Expungement by Court Order

Individuals whose cases do not qualify for administrative expungement may seek to have their records sealed or expunged by obtaining a court order. Before filing in court, the applicant must request and receive a Certificate of Eligibility from the FDLE, confirming that they meet Florida's requirements under Fla. Stat. §§ 943.059 (sealing) and 943.0585 (expungement).

Steps for Obtaining Court-Ordered Sealing or Expungement

Obtain and Complete the Application

Petitioners may visit the FDLE website to download the application or request a packet by emailing the FDLE Expunge Section. They are typically required to sign the application under oath in the presence of a notary and be fingerprinted by an authorized law enforcement agency or criminal justice officer.

Submit to the Prosecutor's Office (for expungement applications only)

For all expunction applications (including juveniles), the state typically requires the petitioner to send the application to the State Attorney's Office in the county where the arrest occurred. The prosecutor's office typically completes Section B of the application form.

Collect Supporting Documents

Obtain a certified copy of the case's final disposition from the court clerk. If applicable, include proof of probation termination and a pretrial diversion completion certificate. Individuals who sent their application to a State Attorney's Office are typically required to receive such documents before proceeding to the next step.

Submit to FDLE

Mail the completed application, supporting documents, and a $75 fee (money order, personal check, or cashier's check) to the FDLE's Expunge Section at:

Florida Department of Law Enforcement
Expunge Section
P.O. Box 1489
Tallahassee, FL 32302-1489

The FDLE typically reviews applications within 12 weeks. To qualify, applicants are generally expected to have no criminal convictions, guilty pleas, or prior sealing or expungement in Florida.

File a Petition with the Court

If FDLE approves, it issues a Certificate of Eligibility. Applicants may then attach the certificate and other required documents to the Petition to Expunge or Seal filed with the court in the county where the arrest occurred. Pay any applicable court filing fees. Submit copies to the State Attorney's Office. A judge may require a hearing to decide whether to grant the order.

After the Court Order

Sealing limits access to the record. Only certain agencies listed under Fla. Stat. § 943.059(4)(a) may view it. Expungement (Expunction) physically destroys records held by the court and most law enforcement agencies. However, the FDLE retains a confidential copy, which may only be released by court order to agencies usually allowed access to sealed records.

How Do I Find Recent Arrests in Florida?

Most sheriff's offices in Florida publish recent arrest information on their official websites. Individuals seeking information about arrests in a specific county may begin by checking that county's sheriff's website.

Most local law enforcement agencies offer a searchable online portal, such as an Arrest Search or Inquiry Database, where users may search records by date or a specific date range.
Other sheriff's offices, including those in Monroe County, Seminole County, and Leon County, publish arrest data in list format. These listings may appear under titles such as:

• Current or Recent Arrests
• Recent Bookings
• Daily Booking Report
• Bookings

Note: Online databases typically provide information for a limited period, ranging from 7 to 30 days.

Individuals may contact or visit the sheriff's office in person for records not available online. They may also search the Florida Department of Law Enforcement (FDLE) website, which offers statewide criminal history information.

Are Florida Arrest Records Free?

In most cases, inspecting an arrest record through local law enforcement agencies does not attract a fee. Likewise, accessing online arrest record databases maintained by local police or requesting a personal review of arrest or criminal records from the Florida Department of Law Enforcement (FDLE)—which is limited to record subjects or their designated attorneys—is typically free of charge.

However, costs may apply under the following circumstances:

• Duplicating or obtaining a certified copy of an arrest record from a government agency
• Requests made through agencies that charge copying or certification fees, which vary by custodian
• Using the FDLE's Criminal History Information search system, which requires payment
• Accessing public arrest data through third-party databases, where service fees usually apply

Note: Some agencies may offer fee waivers for indigent requesters depending on their policies.