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Lee County Arrest Records
Any arrest occurring in Lee County, Florida, results in the creation of documentation that the arresting agency and a few other criminal justice departments subsequently preserve. Known as an arrest record, the document details identifying information about an alleged offender and explains the facts and circumstances behind the apprehension.
Arrest records are important for several reasons. Prosecutors need these documents to press charges against a criminal defendant after an arrest. The records are also useful for locating someone in police custody and reviewing their charge details. For this reason, one can find arrest information in several public records, such as Lee County court records, inmate records, and criminal history files.
Are Arrest Records Public in Lee County?
Yes, arrest records are public in Lee County. Under Florida's Sunshine Law, records of the state, county, and municipal government are presumed open to the public unless exempt by law. Consequently, interested parties can view or copy arrest records maintained by law enforcement bodies.
Information that may be restricted from public access includes:
- The substance of a suspect's confession until the criminal case is adjudicated, dismissed, or otherwise disposed
- The identity of a sexual offense or child abuse victim
- Juvenile arrest information
- Sealed or expunged arrest information
What Do Public Arrest Records Contain?
In Lee County, the following information from an arrest record can be released to the public upon request:
- Personal Information: The arrested individual's full name, ID number, photograph ("mugshot"), and address. Also provided are the suspect's date of birth, race, height, sex, and weight.
- Booking Details: The booking number, time, date, and location, as well as the suspect's custody status.
- Charge Information: Description of all applicable charge(s).
- Bond/Bail Information: The bail/bond amount, type, and paid date.
- Court Details: The court having jurisdiction (circuit or county), court case number, and the hearing date and time.
- The arresting agency
Lee County Crime Rate
According to the County and Municipal Offense Data Report circulated by the Florida Department of Law Enforcement (FDLE), Lee County recorded 10,250 index crimes (Part 1 crimes) in 2021, constituting a 0.3% increase from the previous year.
In 2021, larceny was the most common index crime in Lee County, making up 6,173 (60.2%) of the total offenses. It was followed by aggravated assault at 1,552 offenses (15.1%) and burglary at 1,181 incidents (11.5%). The county's crime rate per 100,000 people in 2021 was 1,309.8, a 3.8% drop from the previous year.
Lee County Arrest Statistics
Lee County recorded 14,489 arrests in 2021, as documented in the FDLE's most recent County and Municipal Arrest Statistics Report. Adult arrests accounted for 13,475 (93%) of the total, while the remaining 1,014 (7%) arrests were classified as juvenile arrests.
Larceny, aggravated assault, and burglary were the top three index arrests. Larceny accounted for 854 arrests, aggravated assault resulted in 646 arrests, and burglary led to 181 arrests. The arrest rate per 100,000 population in Lee County in 2021 was 1851.4.
Meanwhile, simple assault, drug violations, and fraud were the top three Part 2 arrests. Simple assault resulted in 2,348 arrests, drug violations led to 1,393 arrests, and fraud had 192 arrest incidents.
Find Lee County Arrest Records
The principal point of inquiry for a Lee County arrest record is the Lee County Sheriff's Office. Upon an arrest in Lee County (whether by state or local law enforcement), the suspect will be transported to the Lee County Jail and booked for the offense. The Sheriff's Central Records Division can be queried for related records, which include the suspect's arrest information. The Division can be reached at (239) 477-1350 for inquiries.
It is essential to acknowledge that certain local police departments in Lee County release some arrest information on their websites. For example, the City of Sanibel Police Department publishes chronological police blotters online, which carry arrest reports from the agency. As such, one can also query an arresting law enforcement department for arrest records. Normally, a person can submit a formal request in person to the records department of the applicable police agency. Still, some agencies provide online public records request centers and telephone lines as alternative methods for submitting requests.
In cases where a federal agency made an arrest in Lee County, a party can search the Federal Bureau of Prisons (BOP) Inmate Locator or Online Detainee Locator System (if arrested by the US Immigration and Customs Enforcement) for details.
Free Arrest Record Search in Lee County
One way to find arrest information for free in Lee County is to access the county sheriff's Arrest Search website. Users can search the system by entering at least the arrestee's last name or booking number. An option to filter the search by date of birth, custody status, booking date range, or release date range is also available. At the same time, one can select the "Recent Bookings" or "Recent Releases" tab to generate a list of those either in custody or released after an arrest.
Additionally, a person can access a third-party public records database to look up public arrest information about a person. Such databases can typically be searched with a first and last name or phone number. However, a fee may be charged to the user to obtain records.
Get Lee County Criminal Records
Getting apprehended by the police or summoned by the court in Lee County often signals a person's entry into the county's criminal justice system to answer for the charges. From the initial arrest to the court's disposition, records will be created about the defendant's prosecution. Information will also be documented about the offender's sentencing and confinement (if any). These pieces of information eventually comprise the criminal record (also called criminal history information) in Lee County.
To obtain Lee County criminal records, one should visit the Central Records Division at the Lee County Sheriff's Office Headquarters, 14750 Six Mile Cypress, Fort Myers, during regular business hours. A $5 charge applies for each order. Requests can also be made through the Public Record Request Portal or by contacting the Division at (239) 477-1350. Generally, requesters must provide the subject of the background check's name, date of birth, sex, and race.
Another way to look up Lee County criminal records is to conduct a Florida Criminal History Record Check through the FDLE's Division of Criminal Justice Information Services (CJIS). The FDLE serves as the state's central repository for criminal records, which include notations from arresting agencies in Lee County. The fee for each search is $24, payable by credit or debit card, and a $1 processing fee may apply.
Finally, someone seeking a criminal records search in Lee County can review files maintained by the county's circuit and county courts. The court file may contain arrest information and will state the final disposition of a case as well as the related sentence.
The easiest way to look up a Lee County court record is to access the Clerk of Courts Court Records Search portal and accept the disclaimer. From there, the user can select the applicable case type (felony, misdemeanor, infraction) and input relevant search criteria to look up criminal court cases for free. They can also order certain eCertified documents at $8 per document after a search and receive the records by email. Users who register on the portal can view and download non-confidential documents.
A person can register on the Clerk of Courts' Public Records Center to submit a records request for court records not found on the Court Records Search portal. They can also visit the county courthouse to obtain physical files or documents not available online or send a written request by mail (see fee schedule). For record inquiries, the Clerk of Courts can be reached at (239) 533-5000 or courts@leeclerk.org. Other contact information is available on the Clerk's website.
Lee County Arrest Records Vs. Criminal Records
In numerous instances, an arrest record is often used to mean a criminal record. However, a slight distinction exists between the two terms. An arrest record is a law enforcement document detailing a suspect's identifying information, charges, and the circumstances of an arrest incident. A criminal record, on the other hand, presents a broader view of a person's contacts with the criminal justice system. The record is often sourced by various entities to look into a person's background or ascertain their suitableness for certain positions.
How Long Do Arrests Stay on Your Record?
Arrests remain permanently on a person's criminal record in Florida and, consequently, Lee County. Per the Florida Department of State's General Records Schedule for Criminal Justice Agencies and District Medical Examiners, #32, arrest records are preserved until they become obsolete, are superseded, or lose their administrative value.
Generally, anyone who wants to remove arrests from their record in Lee County must meet Florida's qualifications for sealing or expungement.
Expunge Lee County Arrest Records
Florida's sealing and expungement provisions are contained in Sections 943.059 and 943.0585 of the Florida Statutes, respectively. Under these laws, a person can request a sealing or expungement order from a Lee County court, provided they meet the state's eligibility. Generally, to be eligible for sealing or expungement in Lee County, one must not have been convicted of or have pleaded guilty to any criminal offense. Also, they must not have any previous sealing or expungement.
Each petitioner must obtain a Certificate of Eligibility from the State Department of Law Enforcement before filing a petition in court. The application process is thus:
- Download the application packet for the Certificate of Eligibility from the FDLE's website or email the Expunge Section to request the application packet by email or mail. The packet consists of an application form and a fingerprint card.
- Complete the application form and sign and date it before a notary public or deputy court clerk. Fingerprinting must be done by authorized law enforcement personnel or a criminal justice agency.
Note: Where one was not arrested but given a Notice to Appear, the Notice to Appear date should be filled out in lieu of the arrest date on the application form.
Note for expunction applications: The application must be sent to the State Attorney's Office or Office of Statewide Prosecution (whichever filed the charges) for completion of Section B of the form. The office may take a few weeks for processing.
- Request a certified copy of the final disposition of the case from the Lee County Clerk of Courts office. The petitioner can visit the Clerk's office during business hours or complete the Request Document Copies form and submit it through the Clerk's Records Request System.
- Send the completed application form, fingerprint card, certified final disposition, and a check or money order for $75 made payable to the FDLE to the following address:
Florida Department of Law Enforcement
ATTN: Seal & Expunge Section
P.O. Box 1489
Tallahassee, FL 32302-1489
The FDLE processes such requests within 12 weeks of receipt. Subsequently, the agency will mail the Certificate of Eligibility to the applicant indicating the case(s) that qualify to be sealed or expunged.
Afterward, the petitioner must bring the Certificate of Eligibility to the Clerk's office at the Justice Center. For the judge to review the case, additional forms must be completed at the Clerk's office. These include the Petition to Expunge or Seal, Affidavit, Notice of Hearing, and Order to Seal or Expunge. The forms can be found on the Clerk's Forms Library page under "Circuit Criminal/County Criminal". The total filing fee ranges from $50 to $60.
If the court approves a sealing or expungement petition, the Clerk will remove all information from the petitioner's judicial record and forward certified copies of the expungement or sealing order to the relevant agencies.
A sealed record is limited from the public and only available to a few parties, such as the subject of the record, the attorney of record, criminal justice agencies, the Florida Bar, the Florida Department of Education, and others mentioned in FS 943.059 (6). Meanwhile, an expunged record is inaccessible to all public and private entities. When a request for an expunged record is made by a party authorized under FS 943.059 (6) to view a sealed record, the only information that will be released is that the record has been expunged by court order.
Lee County Arrest Warrants
An arrest warrant is a written directive from a court to law enforcement that authorizes the arrest of someone accused of breaking the law. Per FS 901.02 and the Fourth Amendment, arrest warrants are only issuable upon probable cause (i.e., reasonable grounds that an arrest is justified). It is the responsibility of the law enforcement officer or prosecutor pursuing the warrant (the "affiant") to demonstrate probable cause via an affidavit submitted in writing or via reliable electronic means. The judge will only issue the warrant if satisfied with the complaint and evidence submitted.
A Lee County arrest warrant bears the following information (Rule 3.121, Florida Rules of Criminal Procedure):
- The defendant's name or any name or description with which the defendant can be identified with reasonable certainty
- The nature of the offense
- The issue date
- The issuing county
- The judge's signature with the title of office
- The bail amount, if any
- A command that the defendant be arrested and taken to a judge
Lee County Arrest Warrant Search
Under FS 901.04, arrest warrants issued in Florida are executable only by sheriff's offices. Consequently, anyone seeking active warrants in Lee County can check the local sheriff's Wanted Fugitives database or contact/visit the office.
A search can also be conducted through the Lee County Clerk of Courts' online case search portal to determine whether a warrant was filed in an open court case.
Do Lee County Arrest Warrants Expire?
No. Generally, arrest warrants issued in Lee County maintain their validity until a suspect is taken into police custody. Until that happens, the warrant will follow its subject, even if they relocate to another region or move out of the country.
Admittedly, a court can recall or cancel an arrest warrant in certain circumstances. These include the dismissal or withdrawal of charges, the voluntary surrender of the subject, the improper issuance of a warrant, or the absence of probable cause.