Monroe County Arrest Records

Per § 943.325 (2)(a) of The 2024 Florida Statutes, an individual is arrested when apprehended or physically taken into custody and fingerprinted by law enforcement agencies. An arrest allows law enforcement agencies to conduct a more thorough investigation, possibly resulting in formal charges. Arrest records are the documents generated during this event and the details of the charges against the individual.

Law enforcement officers can arrest individuals if they observe a crime taking place, possess a valid arrest warrant, or have probable cause that a crime has occurred. Probable cause is a legal requirement indicating a rational belief, supported by evidence and surroundings, that the individual is responsible for the offense. After being arrested, people are usually booked at the local jail. The Monroe County Detention Center located in Key West is the regional jail in Monroe County. Following an arrest, the suspects are processed at the Detention Center, fingerprinted, and photographed before a bond hearing.

The Monroe County Sheriff's Office is in charge of creating arrest records in the county. These records include the details of the arrest, such as the date, time, place, charges, and the officer making the arrest. The arrest records are also sent to the Monroe County Clerk of the Circuit Court to become part of the official court file.

It is important to note that an arrest record indicates an arrest was made; it does not imply guilt or innocence. These records only mark the beginning of the criminal justice proceedings. After being arrested, the legal case can move forward in the court system. Monroe County Court Records contain details on later court actions, such as filings, hearings, and verdicts.

Are Arrest Records Public in Monroe County?

Arrest records in Monroe County, Florida, are generally considered public records. The Florida Public Record Law, captured in Chapter 119 of the State Statute, provides public access to these records. § 119.01(1) of this law states that Florida's policy is that all state, county, and municipal records are accessible for personal inspection and copying by anyone. It also adds that each public agency is duty-bound to provide access to public records.

However, there are exceptions to the provision. For instance, in § 119.071 (2)(c), arrest records related to ongoing investigations are withheld to protect the integrity of the investigation.

What Do Public Arrest Records Contain?

In Monroe County, Florida, public arrest records typically contain the following details:

• Information on the arrested individual: This consists of the complete name, date of birth, and address.
• Details of the arrest: This consists of the arrest date, time, and location, the agency responsible for the arrest, and the name of the arresting officer, which may be edited out at times.
• Charges: These include the specific criminal charges that have been filed as well as any applicable laws or regulations that have been broken.
• Booking details: It include the booking number, the time and date of the the booking, the bond status, the bail amount (if any), and, if available, a mugshot.
• Information about the court: This consists of the case number, the name of the court, and any upcoming court dates (if any).

Monroe County Arrest Statistics

Florida's Annual State Summary Crime Data Reports are collected and published by the Florida Law Enforcement Department. In the 2021 annual crime report, Monroe County recorded 5,069 arrests at a rate of 6,153.5 per 100,000 residents. There were 5,001 (98.6%) arrests made for adults and 68 (1.4%) arrests made for juveniles, totaling the overall number of arrests.

The statistics on index crime arrests include 2 individuals (less than 0.1%) arrested for Murder and Nonnegligent Manslaughter, 8 individuals (0.1%) arrested for Rape, 28 individuals (0.5%) arrested for Robbery, 135 individuals (2.7%) arrested for Aggravated Assault, 38 individuals (0.7%) arrested for Burglary, 159 individuals (3.1%) arrested for Larceny-Theft, and 17 individuals (0.3%) arrested for Motor Vehicle Theft. This data represents the enforcement information given by local law enforcement agencies to the Florida Law Enforcement Department.

Find Monroe County Arrest Records

The Florida Department of Law Enforcement (FDLE) serves as the primary repository for information on criminal history in Florida. This division maintains a thorough database of criminal history information in the state, where people can access arrest records.

The FDLE offers various ways to search for these files, such as:

• Instant Search: The Instant Search feature on the FDLE Criminal History Information on the Internet (CCHInet) website allows users to quickly search for online criminal history records, including arrest records. Entering specific information like the subject's name, date of birth, and other pertinent details enables requesters to begin a search for $25 per search. However, the records might not be certified and can frequently produce various matches, requiring additional examination to determine the accurate person.
• Certified/Non-Certified Search: Requesters may also provide demographic information to the FDLE for a manual search of their criminal record database to access Certified/Non-Certified records. Requesters can get certified or non-certified records using this method. Official documents can be utilized for serious matters such as immigration and adoption. However, they need additional processing time, typically taking about 6-7 working days. Results that are not officially verified are less formal and may be obtained within 5 business days. Each search results in a $24 fee, regardless of the result.
• ORI Search: The primary users of the ORI Search tool are law enforcement agencies and authorized entities. These organizations have individual ORI numbers that allow them to access criminal history information, including arrest records. The price of implementing this search method may differ based on state laws and the entity conducting it.

Free Arrest Record Search in Monroe County

While the FDLE is the primary source for obtaining arrest records in Monroe County, Florida, it is crucial to be aware of the costs and processing times that come with it. Third-party sites might provide help for individuals looking for free alternatives. These websites collect arrest information from different sources, such as public records, and offer an interface that makes it easy for users to access these documents.

Nevertheless, it is important to be careful when using third-party websites to search for arrest records. The reliability of the records on these websites can differ, and the records may not cover all arrests. Therefore, requesters are advised to verify information from different sources and check official records. Furthermore, disclosing personal details on these platforms may present privacy hazards. Although some websites provide basic searches for free, fees are typically required for advanced searches or detailed reports.

How Long Do Arrests Stay on Your Record?

Per item #32 of the Florida Department of State's General Records Schedule for Criminal Justice Agencies and District Medical Examiners GS-2, arrest records are kept permanently unless they are obsolete, superseded, or no longer useful for administrative purposes. This implies that individuals can have arrests on their record for long, even without any charges or convictions. Nevertheless, there are legal procedures such as expungement or sealing that, in specific situations, can erase or restrict public access to particular criminal records.

Expunge Monroe County Arrest Records

Administrative Expungement

Per Fla. Stat. § 943.0581 and Fla. Admin. Code, R. 11C-7.008, an administrative expungement is provided for any individual erroneously or illegally arrested in Monroe County. Affected individuals can request this directly from the Florida Department of Law Enforcement (FDLE).

Court-Ordered Sealing or Expungement

This applies if the affected individual doesn't qualify for administrative expungement. According to Fla. Stat. § 943.059 and §943.0585, eligible individuals in Florida must not have a prior conviction or guilty plea and must have had their record expunged or sealed.

In order to start the expungement or sealing process in Monroe County, Florida, individuals who qualify must first get a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This involves downloading or requesting an application, having it notarized, and getting fingerprinted. If they seek expungement, they must submit the application to the State Attorney's Office in Monroe County for review. Next, they are to gather supporting documents like a certified copy of the case's final disposition and any relevant certificates (e.g., probation termination and program completion). Once they have these, they are to apply, along with supporting documents and the $75 fee, to the FDLE's Expunge Section at:

Florida Department of Law Enforcement
Post Office Box 1489
Tallahassee, Florida 32302-1489
Attention: Expunge Section

The FDLE will then review your eligibility, which can take up to 12 weeks. If deemed eligible, they will be given a Certificate of Eligibility by the Department, which they will use to file a Petition to Expunge or Seal with the court in Monroe County where the arrest occurred. The court may schedule a hearing to determine whether to grant the order.

Monroe County Arrest Warrants

Per Rule 3.121 of the Florida Rules of Criminal Procedure, an arrest warrant is an official document written by the judge in the name of the state of Florida stating substantially the offense committed by an individual and commanding that the individual be arrested and brought before a judge. Arrest warrants in Monroe County, Florida, are authorized by judges from either the County or Circuit Courts.

In Monroe County, Florida, arrest warrants are usually issued for reasons like missing a court date, breaching probation or parole terms, or being accused of a new crime. In Monroe County, Florida, arrest warrants usually contain the following information: the individual's name, birthdate, physical characteristics, charges, the judge's signature, and the issuance.

Once an arrest warrant is issued, it becomes a legal document that authorizes law enforcement officers to apprehend the individual named in the warrant, regardless of their location.

Do Monroe County Arrest Warrants Expire?

Arrest warrants in Florida typically remain valid indefinitely. Law enforcement agencies have the authority to apprehend a person at any moment, regardless of how much time has passed since the warrant was issued, as long as the warrant is still valid.

However, it is essential to note that this general rule has some exceptions. For instance, under some circumstances, such as when the charges are dropped or the case is dismissed, a court may nullify or rescind a warrant. Furthermore, the charges at the base can be rendered invalid after a specific timeframe. If the person is not apprehended and taken to court within a certain period, the case could be dropped because of the time limit set by law.