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Flagler County Arrest Records

Under Florida Statutes Chapter 901, law enforcement officers are authorized to make an arrest when they witness a crime being committed or possess sufficient evidence to reasonably believe that the individual being arrested has committed a crime. This can include, but is not limited to, witness statements, victim statements, or physical evidence. An arrest may be made without a warrant if probable cause and exigent circumstances are presented during the arrest.

In Flagler County, law enforcement officers make arrests for various offenses ranging from infractions and misdemeanors to more severe crimes, including felonies. Felonies include crimes such as burglary, arson, rape, robbery, and drug trafficking. These carry serious penalties, including lengthy prison sentences. Arrest records are generally maintained by the County Clerk of Court as part of Flagler County Court Records as well as the Florida Department of Law Enforcement (FDLE), and the arresting law enforcement agency.

Following an arrest, the accused individual is typically transported to a local law enforcement facility for processing. Here, their personal identifying information is collected, and a detailed statement of the alleged misconduct is compiled to create an official arrest record. Thereafter, the accused may be released on their own recognizance, with a scheduled court appearance, or detained pending their initial appearance before a judge.

Are Arrest Records Public in Flagler County?

Pursuant to the provisions of the Public Records Act, government agencies in Flagler County are mandated to provide unrestricted access to all records. This includes records maintained in electronic format, except when they are exempted by statute. Consequently, arrest records and other criminal records are deemed public records in the County. As such, they are subject to disclosure upon request.

Flagler County's government agency operations are transparent, allowing the public to scrutinize law enforcement activities. However, there are certain limitations on disclosure as stipulated by law. The public cannot access the following types of information:

  • Personal details that could identify victims of sex crimes or human trafficking.
  • Information that could put the safety of individuals at risk.
  • Private information, including Social Security numbers and medical records.
  • Details about ongoing investigations or court cases that could truncate the legal process.
  • Information regarding confidential informants or witnesses assisting law enforcement.
  • Information that may make it difficult for police enforcement to conduct their jobs successfully.
  • Juvenile arrest records are generally confidential.

What Do Public Arrest Records Contain?

To promote accountability and public trust in law enforcement, the law explicitly requires the disclosure of arrest information to the public. This transparency mandate is based on the understanding that open access to such information is vital for ensuring that law enforcement agencies operate with integrity and are accountable to the public.

According to Florida Statute Section 119.07(1), publicly arrest records typically include:

  • Arrestee's name
  • Arresting agency
  • Date, time, and location of arrest
  • Charges filed
  • Case disposition

Flagler County Crime Rate

According to a 2021 report by the Office of Economic and Demographic Research (EDR), the crime rate in Leon County in 2020 was 997.1, a 24.9% reduction from 1,245.8 in 2019. The number of violent crimes stood at 252 in 2020. This is an increase of 21.2% from 208 in 2019. The total number of felony filings was 766. Out of this number, violent crimes were 9 cases, other crimes against persons were 172 cases, crimes against property were 289 cases, and drug crimes were 296 cases.

Flagler County Arrest Statistics

According to a 2021 report by the Office of Economic and Demographic Research (EDR), the local detention facility housed an average daily population of 174 inmates in 2020. Between 2019 and 2020, 299 correctional facility admissions were made. The incarceration rate per 100,000 county population was 69.2.

Find Flagler County Arrest Records

In Flagler County, Florida, the jurisdiction over law enforcement responsibilities is distributed across multiple agencies. The Flagler County Sheriff's Office maintains primary oversight over the security of lives and property within the county. In addition, various state and federal law enforcement organizations operate within the county. This includes the Florida Department of Law Enforcement (FDLE).

  • To make their arrest record inquiry as efficient as possible, the following information is typically required:
  • The date, time, and location of the incident.
  • The names of the individuals involved.
  • The case number, if known.
  • The type of record

Here are some state and federal resources individuals can use to look up arrest records and inmate information in Flagler County:

  • Flagler County Corrections Department maintains a publicly accessible online database that provides daily arrest reports and currently incarcerated individuals.
  • The Florida Department of Corrections (FDOC) maintains a database that covers all state prisons in Florida.
  • VINELink is a nationwide service that provides details on offenders or criminal cases in U.S. jails and prisons.

Free Arrest Record Search in Flagler County

In Flagler County, members of the public can request arrest records from law enforcement agencies under Florida's Public Records Act. To request arrest records, individuals will need to identify the specific law enforcement agency that made the arrest. They should also provide the date, time, and location of the arrest. This request is free of charge. The agency will then process the request and provide the information to the requester at no cost. However, if a copy of the record needs to be made, there may be associated fees for reproduction.

It is important to note that local police departments and law enforcement agencies generally only release arrest information for adults to the public. Additionally, each department may have its own retention schedule for records. Therefore, the availability of specific arrest records will depend on the department's retention schedule.

Moreover, there are third-party public records databases. These databases are operated by private companies that collate public information from various government sources, including law enforcement departments. In most cases, these resources are free, but a fee is charged to get a comprehensive report about a person’s arrest.

Get Flagler County Criminal Records

A criminal history record is created when an individual is arrested and fingerprinted. This record documents the disposition of the arrest, including whether it resulted in a conviction, an acquittal, or a dismissal of charges.

Florida Statute 943.056 allows individuals to request a copy of their criminal history record for review, a process known as a Personal Review. This free service enables individuals to verify the accuracy and completeness of their records. They can challenge any information deemed inaccurate or incomplete. Personal Review is important for individuals seeking to understand their eligibility for sealing or expunging arrests.

Flagler County Arrest Records Vs. Criminal Records

The terms "arrest record" and "criminal record" are often confused, but they have distinct legal meanings and repercussions. An arrest record serves as documentation of an individual's arrest by law enforcement without implying guilt or a criminal conviction. The charges associated with the arrest may ultimately be dropped or dismissed. On the other hand, a criminal record is an official document that catalogs an individual's criminal convictions, including the details of the offenses, the sentences imposed, and any probationary conditions.

Arrest records are typically maintained by the arresting agency. They are generally simpler and more easily accessible than criminal records.

How Long Do Arrests Stay on Your Record?

In Flagler County, criminal records are permanent and remain on file unless they are sealed or expunged. Florida Statutes 943.059 outlines the process of sealing a record, which makes it confidential and inaccessible to the public. Only the individual, their attorney, and certain criminal justice or licensing agencies can access a sealed record. As such, the individual can legally deny or avoid acknowledging an arrest that is covered by the sealed record. Expungement, governed by Section 943.0585, is a more comprehensive process.

While both sealing and expungement have similar effects in terms of making the record inaccessible to the public, expungement goes a step further by permanently removing the record from all official files.

Expunge Flagler County Arrest Records

The eligibility requirements for sealing a criminal record also apply to expungement. However, expungement includes additional criteria. Charges that resulted in a withholding of adjudication, where the court doesn't formally find the person guilty but doesn't dismiss the charges either, or charges that resulted in an acquittal after trial, are not eligible for immediate expungement. Under Florida Statute 943.0585, these charges must be sealed for a minimum of 10 years before they can be expunged. Charges dismissed before trial can be immediately expunged if all charges related to the arrest were similarly dismissed.

While sealing a criminal record makes it inaccessible to the public, certain government agencies retain access to the sealed record. Expungement goes further, restricting even these agencies' access to the record unless a court order is issued.

To have their records sealed or expunged, individuals must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) prior to filing their request with the court. They are required to attach a certified copy of the disposition of each charge they are seeking to have expunged or sealed to their Application for Certificate of Eligibility.

Flagler County Arrest Warrants

A warrant is a document issued by a judge or magistrate compelling a person to appear to answer criminal charges. To secure an arrest warrant, a law enforcement officer presents evidence that establishes probable cause to a prosecutor. The prosecutor carefully assesses the evidence for legal sufficiency. If the prosecutor determines probable cause, they prepare an affidavit detailing the evidence and submit it to the court for review.

The Judge then examines the evidence presented in the affidavit. Only when they are satisfied that the evidence meets the probable cause threshold would an arrest warrant be issued. This judicial oversight checks the power of law enforcement and prosecution to ensure that arrests align with the rule of law.

Upon signing, a warrant is entered into the law enforcement database, which is accessible to all law enforcement officers. With an open warrant, a law enforcement officer can arrest a person without notice. The only way to have a warrant canceled or set aside is to appear at the court for an arraignment.

Florida law permits law enforcement officials to make warrantless arrests in some situations, including when an officer has probable cause to suspect that a crime has been committed and the person being arrested committed the crime.

An arrest warrant typically has the following details:

  • The name of the court that issued the warrant
  • The name of the defendant
  • Their physical description, including height, weight, hair color, eye color, and any other distinguishing features that might help to identify them.
  • The specific criminal charge they're facing,
  • The date the warrant was issued
  • The signature of the judge who issued the warrant
  • The bail amount

Flagler County Arrest Warrant Search

Outstanding warrants are public records that can be readily obtained. In Flagler County, Florida, individuals who want to search for arrest warrants have a couple of options. The Sheriff’s office keeps a list of individuals with active warrants deemed to be high-priority. To request for active warrants, individuals can go to their local police or sheriff’s department. They may be required to show government-issued identification.

Moreover, the clerk of courts might also keep track of current warrants. Such records are available either online or in person. Sometimes, requesters could be required to fill out a search form. As such, it is useful to have details such as First Name, Last Name, Date of Birth, and any other applicable information.

Do Flagler County Arrest Warrants Expire?

In Flagler County, Florida, a warrant for an individual’s arrest does not expire. The only way to have a warrant canceled or set aside is to appear at the court for an arraignment. Even if law enforcement can't find the individual right away, the warrant stays in the system. If the individual is stopped and a warrant check is performed, the law enforcement agents can hold them until they consult with the court that issued the warrant.

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