Cape Coral Arrest Records

Arrest records for Cape Coral, Florida, are records of the city's arrests conducted by law enforcement. These records are generated when law enforcement for the city, such as the Cape Coral Police Department, apprehends individuals suspected of committing crimes. Suspects arrested by the Cope Coral PD are generally housed in facilities managed by the Corrections Bureau of the Lee County Sheriff's Office.

The Cape Coral Police Department serves as the main arresting agency for the city and creates, maintains, and provides access to arrest records. As one of the repositories for arrest records for the city, the department also answers public record requests for arrest records. Other options for obtaining Cape Coral arrest records include criminal histories in custody of the Florida Department of Law Enforcement (FDLE) or Lee County Arrest Records maintained by the municipal and county courts.

Are Arrest Records Public in Cape Coral?

Cape Coral arrest records are considered public information under Florida's Public Records Laws. The law instructs custodians of these records to provide access to these for the general public. However, not all records are open to the public; the law classifies some records as confidential and exempt from public access. Examples of exempt records include the following:

• Any records that could compromise any ongoing investigation
• Any information that would identify a confidential informant for law enforcement
• Information that would reveal law enforcement surveillance techniques or personnel
• Personal identifying information of law enforcement staff, including Social Security numbers, medical information, home addresses, and phone numbers
• Information that would identify the victims of crime, including sexual abuse and harassment

Cape Coral Arrest Statistics

The Cape Coral Police Department collates yearly arrest statistics and submits them to the national database maintained by the FBI, and according to data on the FBI Crime Data Explorer, the Cape Coral PD reported 1432 arrests in 2023. The total included 783 arrests for simple assault, 389 arrests for DUI offenses, 213 arrests for drugs/narcotics offenses,190 arrests for larceny, 49 arrests for disorderly conduct, 37 arrests for vandalism, 35 arrests for burglary, 17 for motor vehicle theft, 16 arrests for weapons violations, seven arrests for robbery, and two arrests for arson.

Offenders arrested by the Cape Coral Police Department are typically booked and detained at the Lee Jail facility located at:

Lee County Core/CPU Detention facility
2501 Ortiz Avenue,
Fort Myers, FL 33905

Find Cape Coral Arrest Records

Interested parties may find Cape Coral arrest records by contacting the Cape Coral Police Department at (239) 574-3223. Record seekers may also contact the Lee County Correction Bureau, which provides Cape Coral with booking and jail services at (239) 477-1500. The Lee County Sheriff's Office also provides an online Arrest Search tool where users can search for inmate records using name, booking number, booking date, and custody status.

Cape Coral Arrest Records Vs. Criminal Records

Cape Coral arrest and criminal records are legal documents detailing an individual's relationship with law enforcement in the city. Arrest records simply deal with arrest, providing a detailed description of the events surrounding an arrest. Arrest records typically include the arrestee's name and physical description, biometrics like mugshots or fingerprints, the crime committed, charges filed, name of the arresting agency, bond details, and hearing dates. Arrest records do not establish a person's guilt; they only show the person was detained on suspicion of a crime.

Criminal records, on the other hand, are proof of guilt as they are created when a person goes through the legal system. They are also more extensive and contain different records, including arrest records. A criminal record will contain arrest records, court records showing case details including verdicts and sentences, as well as information on prison time and supervision, such as parole or probation.

How Long Do Arrests Stay on Your Record in Cape Coral?

Arrest records for Cape Coral will remain on an individual's record permanently unless they take steps to remove them. Florida offers its citizens options for removing or restricting access to certain criminal records called sealing and expungement. While sealing restricts public access to a record, expungement destroys a record. Generally, a person may qualify to seal or expunge a record if they have a non-conviction arrest or typically must have completed all sentences and court requirements, such as fines. There may also be a mandatory waiting period of up to 7 years before a record may be sealed or expunged.

Cape Coral Arrest Warrants

Under Florida Statute 901, arrest warrants are legal documents signed and issued by a judge that order the arrest of a person suspected of committing a crime. To request a warrant in Cape Coral, law enforcement from either the Cape Coral Police Department or the Lee County Sheriff's Department may submit an affidavit to the judge showing that a crime was committed and probable cause that the subject of the warrant was responsible. If the judge is satisfied with the affidavit, they will issue the warrant.

An arrest warrant issued in Cape Coral, Florida, should be in writing and require the following information:

• The warrant typically must be issued in the name of the state of Florida
• The date and location(county) of issue
• State the name of the suspect or a name or description by which they can be reasonably identified.
• The crime committed and the statute it violated
• Direct that the suspect be arrested and brought before the issuing judge/court.
• Bail amount and any other release conditions(if applicable)
• The signature and title of the judge who issued it

Do Cape Coral Arrest Warrants Expire?

Arrest warrants issued in Cape Coral do not expire. Instead, they remain active indefinitely until executed. This means that until the subject of the warrant is apprehended, surrendered, or dies, the warrant is still valid.

Expunge Cape Coral Arrest Records

Whether an individual is eligible for sealing or expungement of their records will depend on the circumstances surrounding the applicant and the record to be expunged. The following conditions typically must be met to expunge or seal a record in Cape Coral, Florida:

• The applicant typically must have no previous juvenile adjudications or convictions.
• Expungement and sealing are only granted once in a lifetime; hence, the person typically must never have sealed or expunged a record previously.
• The case has been fully concluded by acquittal, dismissal, no charges filed, or withholding of adjudication.
• There are no pending cases or court requirements such as costs, fees, fines, or restitution.

Waiting periods before applying are 2 years if the prosecutor refuses to bring charges, and there is no waiting period if the applicant is acquitted or the case is dismissed. If there was a withheld adjudication, the record typically must be sealed first for 10 years before it qualifies to be expunged.

Interested parties may apply to expunge a record by following these steps:

• Apply for a Certificate of Eligibility from the Florida Department of Law Enforcement and pay the required fees. The review for the certificate may take 3 to 7 months.
• After obtaining the Certificate of Eligibility, you may file a Petition to Seal/Expunge and pay any filing fees. For Cape Coral, the petition should be filed at the Lee County Clerk's Office for the County Circuit Court.
• Include all necessary documents in the application, such as the petition and certificate of eligibility.
• Serve the State Attorney and the arresting agency with notice of the petition.
• If the petition is opposed by law enforcement, the judge will schedule a hearing to hear both sides. If not, they may grant the petition solely based on the paperwork,
• If the judge grants the petition, they will sign an order, and all relevant parties, including state and local police, will be ordered to seal or expunge the records.

Interested parties are advised to contact the Lee County Clerk of Courts and a Florida-based attorney for help with the expungement/sealing process.