Florida Arrest Records

The commission of a criminal offense in Florida often results in a person's arrest by law enforcement agencies. After apprehending a person in the Sunshine State, the arresting police agency creates a report featuring details of the incident and the alleged offender's identity, among other information. This report is called an arrest record.

Generally, an arrest record is maintained by the law enforcement agency that made the related arrest, often a police department or sheriff's office. Details that can be found in a Florida arrest record include:

• A suspect's name, alias(es), date of birth, and age
• A suspect's physical description, including sex, race, ethnicity, eye and hair colors, height, weight, and build
• A suspect's mugshot
• Arrest status
• Arresting agency
• Arrest date, time, and location
• Booking date and time
• Charges (charge description and class)
• Bail amount

Are Arrest Records Public in Florida?

Yes. Per the Sunshine Law of Florida, records maintained by public agencies—including arrest records maintained by police agencies—are generally presumed public. However, not all records are eligible for public release under the state's freedom of information law.

For instance, according to Section 119.071 of the Sunshine Law, an arrest record related to an ongoing criminal investigation is confidential. Also, records disclosing the substance of an arrested person's confession, information that may put a person's life or safety at risk, juvenile arrest records, and expunged arrest records are not available publicly.

How Do I Look Up Arrest Records in Florida?

The Department of Law Enforcement (FDLE) and the Federal Bureau of Investigation (FBI) provide rap sheets (also called criminal history record information) that bear information about arrests, prosecutions, and convictions to the public. However, while any member of the public can access the FDLE's records, only subjects of records can request an FBI rap sheet.

Inquirers can obtain arrest records from the FDLE online through the Criminal History Information on the Internet (CCHInet) website (see user guide). A $25 per search fee applies whether one finds a record.

Besides the instant search (CCHInet) platform, the FDLE provides other criminal history record check methods, including a Certified/Non-Certified Search and an ORI Search.

The results for an instant search are available immediately or can be sent to the requester's email, whereas the processing time for a certified search is six days, and a non/certified search is five days. On the other hand, an ORI (Originating Agency Identifier) search is only for authorized agencies. The fee to be paid depends on the state agency, statute, and authorized entity.

Inquirers who want to obtain arrest records from the FBI can submit a request online, mail in an application, or work with an FBI-approved channeler to submit the request (see request guidelines). The fee for obtaining an FBI rap sheet is $18.

Interested persons can also retrieve arrest records from the sheriff's office in the county of the arrest or the circuit court that handled the resultant proceedings. In some counties, the Office of the Sheriff publishes arrest records online, while others provide records at their physical locations during office hours.

Free Arrest Record Search in Florida

There are not many options for obtaining an arrest record for free in Florida. One likely place where one may request arrest records for free is at a sheriff's office. Requesters can check the sheriff's website for local arrest information or stop by the office during business hours. One may also send an inquiry by mail. However, each requester must provide some details (a name, booking number, arrest date, etc.) to streamline the search.

How Long Do Arrests Stay on Your Record in Florida?

Forever. In Florida, a public record can only be disposed of or destroyed as provided by the retention schedule of the department that maintains the record. Thus, once a person is arrested, the record remains available to inquirers except if the record is confidential or sealed/expunged.

How to Seal Arrest Record in Florida

The process of sealing or expunging a record by court order in Florida begins with applying to the Florida Department of Law Enforcement (FDLE) for a Certificate of Eligibility.

An applicant must complete the Certificate of Eligibility application form and submit it to the State Attorney's Office. The State Attorney's Office will complete the necessary portion of the form and return it to the requester. Upon return, the requester must submit the application, plus other required documents, to the FDLE for $75. The FDLE will review the application and send a Certificate of Eligibility if the applicant qualifies for sealing or expungement. Note: The requirement to submit the Certificate of Eligibility application form to the State Attorney's Office only applies to persons seeking an expungement.

The next step for the applicant is to file a Petition to Expunge or Seal records, alongside the Certificate of Eligibility, with the clerk of the court where the case was heard. After filing, the petitioner must send copies of the documents to the State Attorney's office. Subsequently, the court will decide whether to grant a sealing or expungement order.

In Florida, sealing an arrest record means that the record will be removed from public viewing. However, law enforcement agencies and authorized persons will maintain access. Meanwhile, an expungement destroys the record, but a copy will still be retained by the FDLE to be released upon a court order.

Note that besides a sealing/expungement by court order, eligible persons can apply for an administrative expungement under Section 943.0581 if an arrest was made by mistake or is against the law. Other sealing/expungement types in Florida include:

• Juvenile diversion expunction. Per Section 943.0582 of the Florida Statutes, a juvenile can apply for expungement of a nonjudicial arrest record after completing a diversion program.
• Lawful self-defense expungement
• Automatic juvenile expungement