Florida Arrest Records

Reports from the Florida Uniform Crime Reports (UCR) Arrest Datashow a significant drop in the state's arrest rate over the past few years. Typically, the state's Department of Law Enforcement reports an average of 655,000 arrests yearly, about 1.03% of which are arrests for robbery, 6.2% for DUI arrests, and 2.3% for burglary. An average of 15.5% of arrests made in Florida yearly are for simple assault, 10.4% for larceny theft, 0.05% for arson, and 4.7% for aggravated assault. Several other offenses account for at least 48.6% of the annual arrests executed in the state.

While the arrest rate in Florida (2,306.92 per 100,000 residents) has declined over recent years, it is still high, especially when compared to the national average of 2,181.7 arrests per 100,000 citizens. The arrest rate in Georgia (1,906.1 per 100,000 people), one of the bordering states to Florida, is lower compared to Florida. In contrast, Alabama, a state bordering Florida to the west, has a higher arrest rate (2,844.18 per 100,000 residents) than Florida.

What Is an Arrest Under Florida Law?

Under Florida law, an arrest involves physically taking an individual into custody for a suspected criminal offense. When this happens, the person's physical freedom is restricted, and cannot leave the arrest scene.

Type of Arrests in Florida

In Florida, all law enforcement officers, including county sheriff officers, highway patrol officers, and police officers, can make arrests, whether on or off duty. However, it is unlawful for any officer to make an arrest just because a person looks suspicious. In most cases, law enforcement officers in Florida can make an arrest under the following conditions:

• They observe someone committing a crime in their presence.
• They have obtained an arrest warrant issued by a judge.
• They have probable cause to think someone committed or intends to commit a criminal offense.

Under Florida law, law enforcement officers may use their discretion when making arrests and do not always need to demonstrate probable cause. For instance, officers are generally permitted to order an arrest even without witnessing a crime or having a warrant if a suspect who has a protection order filed against them for stalking or domestic violence is found in possession of an illegal firearm.

The broad categories of the arrest types in Florida are discussed below:

Warrantless Arrest

A warrantless arrest involves making an arrest without a warrant. Florida Statutes, Section 901.15(7)(a), authorizes law enforcement officers to make arrests without warrants when they have probable cause to believe that someone has committed an offense of child abuse, domestic violence, or any other battery upon another individual. Furthermore, law enforcement officers in the state are authorized to make warrantless arrests if they reasonably believe there is a danger of violence unless a suspect is arrested without delay. Under state law, it does not matter whether a crime of domestic violence, battery, or child abuse occurred in an officer's presence before they can make warrantless arrests.

However, other provisions of the law require that certain criminal offenses be committed in the presence of a law enforcement officer before they can arrest a suspect without a warrant. Under Florida law, law enforcement agencies are generally authorized to make warrantless arrests for misdemeanors, felonies, DUIs, municipal ordinance violations, domestic violence, traffic offenses, and violations of parole or probation. Except in certain situations, for instance, domestic violence matters, officers are not allowed to make warrantless arrests for misdemeanors not committed in their presence. Typically, someone arrested without a warrant in Florida must be brought before a judge within 24 hours of the arrest for their first appearance.

Warrant Arrest

In Florida, a warrant arrest is made by obtaining a warrant, which must be in writing, detailing the nature of a suspect's offense and authorizing their arrest. Per Florida Statutes, Section 901.02, a judge will only issue an arrest warrant after reviewing evidence for probable cause, which constitutes authority for legal arrest. In addition to the nature of the crime suspected, a typical arrest warrant in Florida will include the correct name of the suspect and the judge's or magistrate's signature.

What Are Florida Arrests Records?

Florida arrest records are documents and information detailing the events surrounding people's arrests for criminal offenses and are typically generated by law enforcement agencies. When looking to obtain a person's arrest record in the state, the first place to check is the local law enforcement agency that made the arrest. While arrest records are generally a part of criminal records, they are not the same. Arrest records are not conclusive proof of people's criminal acts. They are primarily records of the charges for which they have been arrested. On the other hand, a criminal record is the record of a person's criminal conviction.

A typical Florida arrest record includes the arrestee's personal information (name, sex, date of birth, gender), mugshots, fingerprints, the arresting agency, and the time and date of the arrest. Also contained in an arrest record are the location of the arrest, charges, arrest status, bail/bond amount (if any), booking information, and the arrestee's physical descriptions.

How Can Arrest Records Be Accessed in Florida?

Unless it has been ordered expunged or sealed, a typical Florida arrest record is a public record per the state's Sunshine Law. Under this law, all documents, letters, photos, audio recordings, and other materials, regardless of the physical form made or received according to law or in connection with an agency's official business transaction, are considered public records. The Sunshine Law provides a right of access to all public records that are not exempt from disclosure. Hence, members of the public may access or obtain copies of Florida arrest records from the appropriate agencies of the government.

Members of the public may use any of the following means when looking to access or obtain arrest records in Florida:

Florida Criminal History Record Check

The Division of Criminal Justice Information Services (CJIS) of the Florida Department of Law Enforcement (FDLE) manages the state's Criminal History Record Check System. Through this system, the CJIS provides public access to the state's criminal records, which include arrest records/information, upon request. Interested persons can conduct their searches on this system using any of the following options:

• Instant Search - Results from instant (internet) searches are available immediately but are not certified, and each search costs $24. The results can be printed or emailed.
• Certified/Non-Certified Search - With this option, interested parties will provide the demographic information required for the search. A search will be conducted by an employee at the FDLE once they receive the demographic information. Depending on whether or not a requester wants the search result certified, processing times can take up to seven business days, after which the result is mailed to the requester.
• ORI Search - This search uses a valid Originating Agency Identifier (ORI) and sends the result directly to the recipient authorized by the ORI.

Law Enforcement Agencies

Florida arrest records are largely maintained by the state's local and county law enforcement agencies. However, local law enforcement agencies do not maintain records of arrests they did not make or outside their jurisdictions. It is best to contact the local law enforcement agency that made an arrest when looking to obtain a Florida arrest record. While all the agencies offer an in-person arrest record request option, some manage online arrest record databases where interested persons can access them. For instance, the Hillsborough County Sheriff's Office manages an Arrest Search Portal that enables members of the public to search for arrest information within the jurisdiction.

How Long Will an Arrest Report Stay on Your Florida Records?

Unless certain steps are taken, a person's Florida arrest record will remain on file indefinitely as well as on the person's records. The outcome of the case largely influences the retention period of an arrest record in the state. Generally, records of arrests that lead to convictions in Florida remain permanently on file unless it is expunged or sealed. For dismissed charges, the arrest record will remain on file unless they are expunged. Even when a person's arrest record is automatically sealed or sealed at the request of the record owner, it will remain on file indefinitely. However, the public cannot view or copy such a record.

Can You Expunge Your Arrest Records in Florida?

Yes, expunging or sealing a Florida arrest record is possible. To do so, a record holder must first obtain a certificate of eligibility by submitting an Application for a Certificate of Eligibility for Expunction to the Florida Department of Law Enforcement at:

The submission must include a certified check, cashier's check, or money order for $75, payable to the Florida Department of Law Enforcement. In addition, the applicant must submit a fingerprint card/form containing a legible set of fingerprints obtained from an authorized law enforcement agency or any other criminal justice agency in the state. The certified copy of a case's/charge's final disposition obtained from the clerk of the court where the charge originated should also accompany the application for a certificate of eligibility for expunction/expungement. After submitting a request, it may take a while for the FDLE to issue a certificate of eligibility for expunction. The FDLE will have to determine that the applicant statutorily qualifies to petition the court to have their arrest record expunged or sealed.

Once the applicant receives the certificate of eligibility for expunction from the FDLE, they can petition the court to expunge their Florida arrest record while providing the necessary documentation. After hearing the case, the judge will determine whether or not to grant an order to expunge such an arrest record. If an expungement request is granted, the court will issue an order directing the court clerk and other criminal justice agencies in the state to expunge the applicant's arrest record.

Any arrest made by mistake or contrary to law in Florida may be expunged administratively in one or two ways outlined in Section 943.0581 of the state Statutes. Generally, for a person to qualify for an arrest record expungement in the state, the charges must have been dismissed or dropped, or the individual must have been acquitted or had no prior criminal convictions.

Is Citizen's Arrest Legal in Florida?

Yes. Although no specific Florida Statute addresses citizen's arrest, it is largely permitted as a principle based on common law and due to the state's commitment to community safety. A bill to prohibit citizen's arrest in Florida, SB 834, recently died in the Criminal Justice Subcommittee. A citizen's arrest occurs when a private citizen who is not a law enforcement officer arrests someone they know or believe has committed a criminal offense until law enforcement officers arrive. However, to be lawful in Florida, the private individual making a citizen's arrest must have reasonable grounds to prove that a crime has occurred and that the individual being held is responsible.

When making a citizen's arrest in Florida, ensure there is probable cause to do so and avoid using brutal force. However, minimal force is generally allowed where physical restraint becomes necessary. After making the arrest, make sure to contact local law enforcement immediately to report the arrest and hand over the suspect once the officers arrive. While a citizen's arrest may apply to certain misdemeanors and felonies, it generally does not apply to traffic violations.

How to Look Up Arrest Warrants in Florida

An arrest warrant is a written document issued by a judge ordering the arrest of a person for an alleged crime, felony, or misdemeanor. In Florida, most arrest warrants are public records and may be accessed from certain government repositories. A typical arrest warrant in the state will, at a minimum, include the suspect's name, the nature of the crime committed, and a photograph (if available). It may also contain the issue date, issuing county, and the signature of the issuing judge.

In Florida, the instructions in an arrest warrant may be executed any time of the day or night, wherever the suspect is seen. Per Rule 2.420 - Public Access to Judicial Branch Records, copies of arrest warrants retained by judges, clerks, and other court personnel remain confidential until such warrants are executed or law enforcement agencies determine the arrests cannot be executed.

The Florida Department of Law Enforcement (FDLE) manages a Public Access System (PAS) - Wanted Persons Search that may be used to look up arrest warrants issued in the state. The database contains the state's warrant information, as reported to the department by law enforcement agencies throughout Florida, and is authorized for release to the public. However, information obtained from this system is not a confirmation that an arrest warrant is active or a probable cause to make an arrest.

Information on arrest warrants issued in Florida may also be accessed by contacting local county law enforcement agencies in the county where the alleged crimes occurred. This may be done in person, by mail, online, or over the phone, depending on the agency's preference or recommendation. Some local law enforcement agencies maintain online repositories where members of the public can look up arrest warrants for criminal offenses that occurred within their jurisdictions.

The office of a court clerk is another place to find information about an arrest warrant in Florida. Court clerks are custodians of many court documents, including warrants issued for arrests in matters filed in or heard by their courts. Some clerks of courts in Florida maintain online case search systems that allow anyone to access certain public information about cases, including arrest warrant information.