Search Florida Arrest Records Online

What is Considered an Arrest in Florida?
Are Arrest Records Public in Florida?
What are the Types of Arrest Records in Florida?
How Long Do Arrests Stay on the Record in Florida?
How To Seal or Expunge an Arrest Record in Florida?

What is Considered an Arrest in Florida?

An arrest in Florida is generally considered the act of taking an individual into custody and bringing them to jail, but it also technically includes issuing a summons requiring the individual to appear in court for a criminal matter. Chapter 901 of the Florida Statutes outlines the procedure for arrests in the state – this law generally provides a legal framework for when and how arrests may be made, stipulates protocols that must be followed during the process, and addresses the rights of the individuals being arrested. Certain critical components of an arrest, as outlined by Florida law, are typically listed below:

Custody and Control: custody typically refers to the physical control and supervision of an individual by law enforcement officials, resulting in their movement being restricted. When an individual is arrested and taken into custody, they are no longer free to leave; the arresting officer is also responsible for ensuring that the arrestee is securely controlled to prevent their escape or harm.
Legal Authority: Chapter 901 of the Florida Statutes confers law enforcement officers with the legal authority to make arrests. While a warrant is usually required for arrests, lawful arrests may be made without a warrant under certain conditions. This typically includes when a crime is committed in their presence or when they have probable cause to believe that the individual has engaged in domestic violence or child abuse, even if it wasn't witnessed.
Miranda Rights: law enforcement officers generally must provide arrested individuals with a set of warnings (collectively referred to as the Miranda Rights) before interrogating them. These warnings are typically designed to protect the individual's Fifth and Sixth Amendment rights by duly informing them (the arrestee) that:
- They have the right to remain silent
- Anything they say can be used against them in court
- They have the right to an attorney (of their choice or appointed on their behalf if they cannot afford one)

While Miranda Rights is generally a federal requirement, Section 901.24 of the Florida Statutes explicitly gives arrestees the right to meet privately with an attorney entitled to practice in the state, for as often and as long as is reasonably allowed, at the place they are being held.

Restraint and Transport: per Chapter 776 of the Florida Statutes, law enforcement officers are generally authorized to restrain individuals who are being arrested and use justifiable force if necessary to prevent them from escaping or harming others (the arresting officer included). Once restrained, the arrestee must be transported safely to a police station (or other applicable detention facility).
Booking Process: this begins once the arrestee has been transported to a police station or county jail. It typically involves collecting details on them, such as their personal information, fingerprints, and mugshots, listing the charges for which they were arrested, confiscating their personal belongings, and checking for any outstanding warrants. Once this is done, the individual is usually placed in a holding cell pending their arraignment.

Some actions that may result in an arrest in Florida include:

Committing a crime, like trespassing, shoplifting, or assault
Failing to appear in court for a scheduled hearing or trial
Being found with drug paraphernalia during a stop-and-frisk
Operating a vehicle while intoxicated or under the influence of drugs
Reckless driving
Engaging in behavior that disturbs the peace, such as fighting or public intoxication
Violating a court order

Be aware that there is a clear distinction between being detained and being arrested in Florida, and understanding this difference is essential for handling these situations effectively. Detention is generally a temporary stop by a law enforcement officer to investigate a possible crime, while an arrest is when the law enforcement officer formally takes you into custody for a suspected crime.

Under Florida Statutes Section 901.151 (referred to as the state's Stop and Frisk Law), a law enforcement officer may temporarily detain a person if they reasonably believe the person has committed, is committing, or is about to commit a crime. The detention must be brief and only last as long as needed for this purpose, and it cannot extend beyond the immediate area where the person was first stopped; however, during this time, the officer may ask questions or do a pat-down for weapons. If the officer finds probable cause for an arrest, then the individual may be arrested, but if no probable cause is found, then the person must be released. It is important to note that detained individuals generally still have the right to remain silent and ask for an attorney.

What is Unlawful Arrest in Florida?

An unlawful arrest in Florida generally occurs when a law enforcement officer takes an individual into custody without sufficient legal justification or following the proper procedures (as outlined in Chapter 901 of the Florida Statutes). An arrest may be deemed unlawful in Florida for certain reasons, typically including:

Lack of Probable Cause: probable cause means that the officer has enough actual information or evidence to reasonably believe that an individual has committed or is about to commit a crime. This is a crucial element for arrests in Florida; arrests made based on insufficient or false evidence are considered unlawful.
Arrest Without a Warrant: while a valid arrest warrant issued by a judge is typically required for arrests in the state, Florida Statutes Section 901.15 outlines certain situations where a warrantless arrest may be made (such as if a crime is committed in an officer's presence). Nevertheless, any arrest made without a warrant in cases requiring a warrant is deemed unlawful.
Violation of Constitutional Rights: an arrest may be considered unlawful if it violates an individual's constitutional rights, typically such as their right to assembly and their Fourth Amendment right against unreasonable searches and seizures. Arrests based on racial profiling or discrimination are typically also considered unlawful.
Procedural Violations: an unlawful arrest may occur if the law enforcement officer does not follow proper procedures during the arrest, typically such as failing to read the individual's Miranda rights before interrogating them or denying them access to an attorney.
Arrest Outside Jurisdiction: Florida law enforcement officers generally have to operate within their jurisdictions. Arrests made by officers who are outside their legally recognized jurisdiction may be deemed unlawful unless the officer is working under specific legal conditions. For example, Florida Statutes Section 901.25 authorizes law enforcement officers to arrest individuals outside their jurisdiction if they are in "fresh pursuit." Fresh pursuit, as used by this law, refers to the immediate pursuit of someone who has committed a felony or is reasonably suspected of doing so, as well as individuals who violate local ordinances or commit misdemeanors. Generally, the law enforcement officer must notify local authorities immediately after the arrest and ensure the arrested individual is taken to a judge without delay.
Mistaken Identity: arresting the wrong person generally, whether due to negligence or failure to confirm their identity, constitutes an unlawful arrest.

A common consequence of unlawful arrests in Florida is typically having the charges against the individual dismissed and the case thrown out. In situations where the criminal proceedings continue, evidence obtained as a result of that arrest may be inadmissible in court. State and federal laws, such as Florida Statutes Section 768.28 and U.S. Code Title 42, Section 1983, also allow victims of unlawful arrests to file a civil rights lawsuit and seek damages for violations of their constitutional rights. Officers involved in an unlawful arrest may also face disciplinary actions, such as suspension, demotion, or termination, as well as possible criminal charges, especially if it is determined that the unlawful arrest was deliberate and/or malice-driven.

Are Arrest Records Public in Florida?

Per Chapter 119 of the Florida Statutes, any document or information, whether physical or digital, that is created or received by a governmental agency about its official business is considered a public record and may be accessed by any interested party. Arrest records fall under this definition; as such, they can generally be viewed and requested by members of the public. Notwithstanding this, certain arrest records (or parts of the records) may be deemed restricted or confidential and exempt from public disclosure.

Publicly accessible parts of arrest records in Florida typically include personal information on the arrestee, like their name, date of birth, sex, and race, the arresting agency, the date and location of the arrest, the arrestee's booking number, and the charges filed against them. These records may also contain information about bail, court proceedings, and a potential release date (specifics vary by jurisdiction). Mugshots are typically also publicly accessible in Florida; however, the specific rules regarding access to these mugshots may also vary depending on the jurisdiction.

On the other hand, the following types of arrest records (and arrest-related information) are typically restricted from public access in Florida:

Juvenile records (exemptions may be made in cases where the juvenile is tried as an adult)
Information related to active/ongoing investigations
Personal details of victims of sexual offenses, domestic violence, child abuse, and other similar crimes
Sealed and expunged records

What are the Types of Arrest Records in Florida?

Arrest records in Florida are typically maintained at both the county and state levels. County-level arrest records are created and managed by local law enforcement agencies (mainly county sheriff's offices and municipal police departments); these agencies provide access to arrest records for incidents within their respective jurisdictions. At the state level, arrest records (and broader criminal history information) are primarily managed by the Florida Department of Law Enforcement (FDLE) through its Division of Criminal Justice Information Services (CJIS). This agency provides access to statewide criminal records that typically include arrest information, charges filed, and convictions; records of arrests carried out by other state agencies like the Florida Highway Patrol may also be accessed through the FDLE.

Where are Arrest Records Kept in Florida?

Various governmental agencies generally keep Florida arrest records at the local, state, and federal levels. The procedure for accessing these records and the specific information available in the record may vary by agency and jurisdiction:

County Sheriff's Offices and Municipal Police Departments: local law enforcement agencies provide access to records of arrests occurring in their respective jurisdictions. These local-level arrest records generally include the arrestee's personal information, details on the crime they are being accused of, booking details, and local detention information. The requirements for obtaining copies of these records vary by location; however, many sheriff's offices and police departments offer access to online portals through which interested parties may conduct name-based searches for recent arrests.
The Florida Department of Law Enforcement (FDLE): the FDLE is the state's central repository for criminal history information. This department generally allows interested parties to perform criminal history record checks online and access details on arrests, charges, convictions, and other related information beyond what is typically available at the county level.
Florida Courts: the Florida State Courts System typically maintains criminal court records containing information about the individual's arrest, the charges filed against them, and the case's outcome.
State and Federal Correctional Facilities: the Florida Department of Corrections maintains arrest-related information for individuals who have been convicted and sentenced to a state prison. This information typically includes the individual's full name and date of birth, their mugshot, the crime for which they were convicted, the length of their prison sentence, and projected release date. The Federal Bureau of Prisons also maintains similar information on individuals incarcerated in federal correctional facilities located in Florida.
Federal Agencies: federal agencies like the FBI maintain copies of Florida arrest records, particularly for cases involving federal laws or ones with national security implications.

How To Find Public Arrest Records in Florida?

Public access to arrest records and other criminal justice information in Florida is governed by Chapter 119 and Section 943.053 of the Florida Statutes. Here are some available methods for searching and obtaining copies of these records:

Contact Local Law Enforcement: most arrests in Florida are initiated at the local level by county sheriff's offices and municipal police departments, making them the primary custodians of arrest records. Many local law enforcement agencies offer online access to arrest information and provide options for obtaining physical copies of these records (a fee may be required). It is important to note that local law enforcement agencies typically only maintain records of incidents within their jurisdictions; as such, contacting the agency that handled the arrest is essential.
Perform a Criminal History Record Check via the FDLE: the Florida Department of Law Enforcement (FDLE) generally maintains a central repository for criminal history information across the state and provides interested parties with access to this information through three typical options:
- Instant Searches: this is a name-based search that provides a list of possible matches similar to the subject of the search. Results are provided instantaneously and may either be printed or obtained via email; however, records obtained via this option are not certified. Instant searches cost $24 plus a $1 credit/debit card processing fee per search.
- Certified/Non-Certified Searches: this is similar to the instant search but allows requesters to obtain certified copies of the required records. Requests are typically processed within five to seven business days and delivered via mail. There is a $24 fee per search for this option.
- ORI-based Searches: these searches are conducted using an "Originating Agency Identifier (ORI)," which is a unique identifier assigned to law enforcement agencies that may be used to track and identify records associated with that agency. Individuals who wish to utilize this option must first contact the relevant law enforcement agency to obtain their ORI number. Search fees vary by agency; results are sent directly to the person or organization authorized (by the ORI) to receive this information.
Contact a Florida Court: interested parties may also access records of arrests that resulted in court proceedings by contacting the court where the case was filed (typically a circuit court for felony cases and a county court for misdemeanors and traffic offenses). Many courts also provide online access to criminal court records through their websites.
Utilize a Third-Party Website: several third-party websites generally provide access to public arrest records in Florida and are often a preferred option for accessing these records due to their ease of use and convenience. Reputable platforms like RecordsFinder typically enable users to perform name or location-based searches for public arrest records and may offer comprehensive results from these searches. However, it should be noted that third-party websites are typically independent of government entities, and the availability of records may vary among different platforms.

How Long Do Arrests Stay on the Record in Florida?

Arrest records typically remain on a person's criminal record in Florida indefinitely unless they are sealed or expunged through legal processes outlined in Florida Statutes Sections 943.0585 to 943.0595. The concerned individual typically has to meet certain criteria and must also initiate the sealing or expungement process themselves; however, certain records maintained by the FDLE may be automatically expunged or sealed under specific conditions.

How To Seal or Expunge an Arrest Record in Florida?

Florida law allows individuals to seal or expunge their arrest records, making them inaccessible to the general public (sealing) and even governmental agencies (expungement). Chapter 943 of the Florida Statutes (specifically Sections 943.0585 to 943.0595) and Rule 11C-7 of the Florida Administrative Code provide the legal framework for these processes and outline the eligibility criteria and requirements for individuals seeking to undertake these actions. Options for expungement and sealing in the state typically include:

Court-ordered Sealing or Expungement – this is the primary method for sealing or expunging an arrest record.
Administrative Expungement - this type of expungement is handled by the FDLE and is typically utilized for unlawful and wrongful arrests.
Juvenile Diversion Expungement – this is only available to individuals who have completed a juvenile diversion program for non-violent offenses.
Human Trafficking Expungement – victims of human trafficking may use this option to petition for the expungement of crimes committed as part of their victimization.
Lawful Self-Defense Expungement – this may be used to expunge records related to self-defense cases if charges were not filed or were dismissed.
Early Juvenile Expungement – this option is generally available to individuals aged 18 – 21 who have not been charged with or found guilty of a crime within the five years before applying for the expungement.
Automatic Juvenile Expungement – certain juvenile records (usually for non-felony cases) maintained by the FDLE are automatically expunged once the individual named on the record turns 21 (or 26 if they were committed to a juvenile correctional facility).
Automatic Sealing – certain criminal history records maintained by the FDLE are automatically sealed (without any petition from the individual) if a court submits a qualifying certified disposition to the department. However, this process does not typically affect records held at the local level.

Individuals who wish to seal or expunge their arrest records in Florida typically have to apply for a Certificate of Eligibility from the FDLE. Be aware that certain offenses, typically such as murder, aggravated assault, human trafficking, child abuse, sexual misconduct, and voyeurism, are statutorily ineligible for sealing or expungement. Once the certificate is granted, the individual must file a petition with the court that has jurisdiction over the arrest (this is usually the court where the case was filed). This court will review the petition and decide on whether or not to seal or expunge the record in question.

Be aware that even though sealed records are hidden from public access, certain governmental agencies may still view the records. However, if these governmental agencies search for an expunged record, they will typically only receive a notification that the record exists but may only be accessed with a court order, under Florida Statutes Chapter 943.