An arrest record is a report produced by local or state law enforcement organizations in Florida. This report is created by state law enforcement agencies when a person is arrested for committing a crime. Arrest records, unlike Florida criminal records, do not provide conclusive evidence of a person’s criminal action. When a person is brought into police custody after being accused of committing a crime, they are said to be under arrest.
The information considered relevant by the arresting agency is usually included in the arrest record. The time and date of the arrest, the claimed crime, specifics of the police interview, and other relevant information are all included. In Florida, arrest records are considered public record information and may be retrieved from law enforcement agencies across the state.
Statistics on Arrests in Florida
Based on information from state law enforcement, the Florida Department of Law Enforcement (FDLE) compiles crime statistics reports that show how many crimes happened in the state.
According to the Florida Department of Police Enforcement’s annual report for 2019, law enforcement agencies made 679,221 arrests. Adult arrests made up 634,574 of the total, while minor arrests made up 44,647 of the total. The overall number of arrests in 2019 is also broken down by criminal type, which includes:
- 787 people have been arrested for murder.
- 1 765 rape arrests
- There were 6,006 robbery arrests.
- 24,607 arrests for aggravated assault
- 13,560 arrests for burglary.
- There have been 64,088 larceny arrests.
- The theft of a motor vehicle resulted in 7,779 arrests.
What Is an Arrest Record in Florida?
Arrest records in Florida are papers that provide information on people who have been arrested for committing a crime. A lot of the time, these records include information about the alleged crimes, as well as information about how the person was arrested and how they were booked in. Indictment information may also be included in the record.
Arrest records, on the other hand, are insufficient evidence of illegal activity since they do not show that the arrestee was convicted of the purported crime. Instead, according to the records, the suspect was held and questioned about a criminal code infraction.
What Does an Arrest Record Contain?
Arrest records often include information on the suspect, the type and severity of an alleged offense, the police interview, criminal charges, and future court dates. This includes the following:
- Personal details about the suspect:
Date of birth
Marks to look for (scars and tattoos)
Measurements and weight
- The arrest date, time, and location
- The present state of the case
- Information about criminal activity
- The name of the arresting officer
- The organization that made the arrest
- The location of the suspect’s holding facility
Are Arrest Records Available to the Public in Florida?
Yes, arrest records in Florida are available to the public. Every government entity in Florida is required by the Sunshine Law to make public documents, including arrest records, available to the public. As a result, anybody may look up and copy arrest records from the relevant records custodian.
Who Has Access to a Person’s Arrest Records?
Arrest records are considered public records in Florida, much like other non-sensitive government documents or paperwork. As a consequence, the public, including the record holders, legal representatives, relatives, and others, has access to the documents. State law also allows employers in Florida to ask about arrest histories and use them in employment decisions. In certain cases, however, legislation or a court order may prevent the public publication of portions or all of an arrest record.
In Florida, How Can I Lookup Someone’s Arrest Records?
In general, Florida law enforcement agencies keep track of criminal and arrest records. As a result, a person may look up arrest records at local sheriff’s offices and police departments.
Furthermore, the Florida Department of Law Enforcement (FDLE) obtains arrest records from law enforcement agencies and keeps them on file as part of a person’s criminal history. The department is dedicated to making such documents available to the public. As a result, it provides access to the broader public upon request.
The FDLE maintains arrest records, which may be obtained by requesting a person’s criminal history. Orders may be placed online for a price of $24 (plus a $1 processing fee), which can be paid with a credit or debit card.
In Florida, How Can You Subpoena Arrest Records?
A subpoena is a court order requiring a person or corporation to appear in court and provide testimony or produce physical evidence. The issue and execution of subpoenas in Florida are governed by particular statutes and court procedures. For example, see Title VII of the Florida Statutes, Rule 8.041 of the Florida Rules of Juvenile Procedure, Title VI of the Florida Statutes, Section 48.031, and Rule 12.410 of the Florida Family Law Rules of Procedure.
To lawfully subpoena arrest records in Florida, a person must file a Subpoena for Production of Documentary Evidence with the court. This sort of subpoena directs the production of books, papers, documents, and anything held electronically.
Anyone in Florida who wishes to force the production of arrest records may do so by issuing a subpoena to the records custodian. The party that issued the subpoena must also serve and file a notice of its issuance with each case party. This must be done on the same day that the record custodian receives the subpoena. Any adult (over the age of 18) who is not a party to the underlying court proceeding may serve the subpoena.
On the notification of the issue of a subpoena, the following must be stated:
- The person or organization that has been served with a subpoena.
- The subpoena was issued on this day.
- The date and time when the record will be made (s)
How to Locate an Inmate in the Florida Penitentiary System?
The Florida Department of Corrections is in charge of the prison system in the state. This oversight includes monitoring the proper operation of state jails and prisons, as well as the preservation of records on criminals jailed there. Inmate records are what they’re called.
Inmate records are a collection of official papers that provide personal and administrative information on individuals who are detained or incarcerated in Florida’s correctional and detention facilities. The records are comparable to criminal records, except they additionally include information about a person’s time behind bars. An inmate’s record contains the following information:
- Names, age, and gender are examples of personal data.
- Information about how to get out of jail
- Status of custody
- Disciplinary measures
- Information on crime and punishment
As a result, examining prisoner data is the most effective approach to learning about convicts in the Florida prison system. The offender information search webpage supplied by the Florida Department of Corrections is a significant resource for doing such searches. Inquirers may search for convicts by first/last name or DC number using this tool. The DC number is a six-character alphanumeric identifying designation. Each prisoner is assigned a unique number.
Inquirers may search the database by an inmate’s pseudonym to speed up their research. The following will appear in the search results:
- The prisoner’s full name and aliases
- Description of the body
- Where are you now?
- Status of custody
- The anticipated release date is
- A Photograph
- Admission date
- Information about the facility
- What to look for
- Release Date
- Criminal record
- History of the courtroom
What is the Best Way to Find Out Whether Someone is in jail in Florida?
People can use online services from the Corrections Offender Network of the Florida Department of Corrections to check the custody status of Florida convicts
The Inmate Release Information Search tool, in particular, can give information on inmates who have been freed or are scheduled to be released. The database is updated on a regular basis to ensure that the public receives only the most up-to-date information. Inquirers may use a person’s first and last name, DC number, and known alias to search the system.
It’s worth noting that the searchable database only includes information on those who have been sentenced to state prisons. If the person being searched is jailed in county jail, no information will be found during the search. In some cases, the person who is interested can contact the prison administration or the local sheriff’s office to get more information about the prison.
How Long Do Arrest Records in Florida Remain on File?
In Florida, after an arrest is made and recorded, the record is kept on file forever until the court orders it to be expunged.
Even if a record is automatically sealed by law or sealed on the record holder’s petition, it will stay on file indefinitely. The sole difference is that the record will not be available for public viewing or copying. When a court clerk transmits a qualified certified disposition to the FDLE by electronic means, a record may be automatically sealed by law. The Florida Department of Law Enforcement’s records will be sealed as a result of this action.
The Florida Department of Law Enforcement (FDLE) may not show arrest information in basic background checks unless the person who wants to see it gets a full criminal record from the FDLE.
What’s the Difference Between a Warrant and an Arrest Record?
In Florida, arrest records are created and maintained by sheriff’s offices and police agencies. These records enable law enforcement to monitor instances involving police contact with civilians, especially when the civilians are being detained for suspected breaches of state criminal legislation. Arrest documents are mostly about the arrestee, the arrest incident, and how the person was booked after the arrest.
Arrest warrants, on the other hand, are court orders that enable anyone within the state’s jurisdiction to be arrested, detained, and interrogated. After a hearing, a judge or magistrate grants the warrant to the state law enforcement agency. The purpose of the hearing is to establish probable cause (i.e., the belief that someone committed a criminal act). Although arrest warrants are usually used to make arrests, they may also be used to search for and take the property of the suspect.
Arrest warrants are necessary to prevent people from being arrested unlawfully or having their Fourth Amendment rights violated. The warrant also notifies the person who is being arrested of the charges that have been leveled against them.
What’s the Difference Between a Criminal and an Arrest Record?
When someone is arrested in Florida, the arresting agency keeps a record of the occurrence. The subject was brought into police custody, jailed, and questioned, according to the records. The charges for which the record holder was arrested are also included.
Criminal records, on the other hand, detail the criminal past of those who have broken the laws of the state. Also, a person’s misdemeanor and felony crimes will be included in his or her criminal record.
It’s important to remember that an arrest record does not include any information about a criminal case. The only thing that a person was held for allegedly committing a crime is shown on the record. A criminal record, on the other hand, includes information on what happened after an arrest, such as the result of the case and whether the charges against the offender were dropped or not.
How Can I Get Free Arrest Records in Florida?
In Florida, copies of arrest records are not available for free, although they may be reviewed for free. A minimal fee is usually charged by the custodial agency to reprint any arrest record.
People who want to check arrest or booking records for free may either go to the agency’s physical office or go to the agency’s website. It’s worth mentioning that the latter method may not always retrieve the whole record.
How to Use a Third-Party Search Service to Find a Florida Arrest Record Online?
Third-party search services (sometimes known as background check sites) give access to public arrest data in addition to Florida law enforcement authorities. This is feasible because of Florida’s Sunshine Law, which permits such sites to collect public information from government databases, including arrest records.
To get arrest records from a third-party database, users must normally give the record holder’s name and state. Filtering results may need additional personal information (e.g., the age of the search topic). It’s worth noting that many websites charge a fee for entire records. In certain circumstances, obtaining the desired information requires regular membership.
What Should I Do If My Arrest Record Is Incorrect?
Any error in a person’s arrest record, such as false charges, information from someone else, or the lack of a disposition, may be detrimental to the person who holds the record. It might lead to the loss of job possibilities as well as the rejection of state licenses or special privileges.
However, Florida Statutes Chapter 943.056 permits a person to acquire a copy of their arrest and criminal history record in order to check it and confirm that it is accurate. Any information that is judged to be erroneous or incomplete has the right to be challenged by the requester. To correct any inaccuracies, the affected individual can contact the local arresting agency or the Florida Department of Law Enforcement (FDLE). As a consequence, the error will be fixed or the record will be removed from public view.
Individuals with inaccuracies in their arrest records, or those who fear their identity has been stolen, may file Personal Review applications to the FDLE to have their records corrected. The application must contain a copy of the requester’s fingerprints taken by law enforcement or criminal justice authorities. Fingerprinting services are available at most police stations and sheriff’s offices.
To begin the rectification procedure, the interested individual must fill out a Personal Review of Florida Criminal History Record form. After that, submit the completed papers and fingerprint card to the following address:
The Florida Department of Law Enforcement (FDLE):
Post Office Box 1489
Tallahassee, FL 32302-1489
Attn: Section of Criminal History Records Maintenance
Contact the Criminal History Record Maintenance Section at (850) 410-7898 or firstname.lastname@example.org if you have any questions regarding the procedure. Requests for a personal review, unlike a request for a criminal record, are only available to the person who owns the record and their lawyer.
Also, personal review applications are not the same as requests for criminal records. It is not permissible to mix them together. A copy of the criminal history record given in response to the personal review request contains no demographic information and cannot be used for immigration, employment, licensing, or certification.
In Florida, There Are a Few Options For Expunging Arrest Records
The state of Florida permits qualified people to have their arrest records expunged or sealed. An expungement (also known as an expunction) instructs any criminal justice agency in possession of the record to erase it physically. Sealing a record, on the other hand, stops the public from getting their hands on the document.
The criminal justice department will have a sealed record on file. The record will be available to the subject of the record, the record holder’s attorney, and criminal justice authorities, despite the fact that many others will not have access to it. An erased record, on the other hand, is inaccessible to anybody since it will be destroyed for the most part. Despite this, a copy of the erased record will be kept by the Florida Department of Law Enforcement (FDLE).
Under Florida law, qualified arrest records may be sealed or expunged, ensuring that they are no longer regarded as public records. As a result, government entities are forbidden from revealing such information.
If the person is not found guilty, most arrest records in Florida may be wiped. The record is only eligible for sealing if the record holder entered a plea of “guilty” or “no contest” and the court denied judgment of guilt. When a court does not rule on guilt, it means that the person who did the crime was found guilty but not convicted.
The petitioner must meet the following conditions before the court will allow an arrest record to be expunged:
- The charges were dropped, dismissed, or the individual was acquitted.
- During his or her youth, the applicant has never been convicted or found to be delinquent by a court in the state of Florida.
- The applicant has never had a criminal record expunged.
Following the eligibility finding, the applicant may continue in the following manner.
- Prepare a Certificate of Eligibility application. (For further information, see the application form.)
- Obtain the police’s fingerprints. The prints must be taken on a fingerprint form that has been verified by the FDLE.
- The court clerk in the jurisdiction where the record was made may provide you with a certified copy of the case disposition.
- Send the completed application for a Certificate of Eligibility and the certified case disposition to the local state attorney’s office. Section B of the application form will be completed by the office. If a case is dismissed, nolle processed, or withdrawn, the state must say so on the application.
- To be processed, send the FDLE the signed/notarized application form, fingerprints, completed Section B, certified case disposition, and a $75.00 cashier’s check or money order to the FDLE. The processing period is around nine months, but this might vary depending on the backlog of applications.
The FDLE will provide a Certificate of Eligibility to Seal or Expunge if an application is granted. To submit a Petition to Seal or Expunge before the presiding court, you’ll need the certificate. In addition, the petition must follow the processes established in Chapter 943 of the Florida Statutes. It must also be backed up by the defendant’s original certificate and a certification of his or her eligibility.
In addition to the Petition to Seal or Expunge, a proposed order to seal or expunge the applicant’s record must be provided at the same time. In the next step, the state attorney’s office and the law enforcement agency that is involved in the case must be given copies of all the papers that have been sent to them.
If the state attorney doesn’t like the petition, a hearing will be held to decide whether or not the remedy should be granted or not.
The court will issue an order directing the clerk and criminal justice agencies to seal or purge the relevant arrest record if the petition is accepted. The defendant and any relevant departments or agencies will get copies of the order.