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Are Arrest Records Public in Florida?

Written by Adam Bair.

TL;DR: Yes. In Florida, arrest records are public. Booking sheets, charges, and mugshots are open to any person under Chapter 119. The active police investigation file is separate and stays closed until the case ends. Sealed records are kept private. Expunged records get a stronger rule that lets most agencies say no record exists. This guide covers what is public, what is not, and how to ask the right agency.

Yes. In Florida, arrest records are public records. You can ask for them without giving a reason.

What counts as an arrest record?

An arrest record is the agency record of the arrest itself. Under section 119.07(1)(a), Florida Statutes, any person has the right to inspect or copy public records. That right covers arrest records.

A few common items fall inside the arrest record.

Booking information

This is the basic data the agency takes at booking. Name, date of birth, the charge, the time of arrest, and the booking number. Booking sheets are public.

Mugshots

The booking photo is public. Florida agencies have released mugshots for a long time. There are limits on how third-party websites can use them for profit, but the photo itself is part of the public arrest record.

Probable cause affidavit

The arresting officer's sworn statement that gives the legal basis for the arrest. Often called the PC affidavit. This document is public once it is filed.

The underlying investigation file (different rule)

The full police investigation file is not part of the arrest record for access purposes. Under section 119.011(3), Florida Statutes, criminal investigative information from an active case is exempt while the case is open. That is a different access rule. The arrest record is one document. The investigation file is a separate set of records.

When can the agency withhold the file?

The active criminal investigation exemption is the main reason an agency holds back the larger file. Under section 119.011(3), Florida Statutes, information gathered for an active case stays closed until the case is no longer active. That includes officer reports, witness statements, lab work, and other case work product.

The arrest event itself is still public. The booking sheet, the charge, and the PC affidavit can come out even when the file behind them is closed. Florida courts read this exemption narrowly. An agency cannot use the active case to hide the basic arrest data.

When the case ends, the file should open. If the agency still refuses to release it, ask for the statutory basis in writing. For a full explanation of the exemption, see records of an active criminal investigation.

What sealing does

Sealing makes a record confidential. Under section 943.059, Florida Statutes, a sealed criminal history record is exempt from public disclosure with narrow exceptions. The record still exists. Courts, law enforcement, and certain licensing bodies can see it. The public cannot.

A person seals a record by court order. The order is granted under specific statutory rules. Sealing is not the same as deleting.

If someone says the record was sealed, that means a public records request to a regular agency should come back with no release. The agency has a duty to keep the record confidential under the sealing statute.

What expunction does

Expunction is stronger. Under section 943.0585, Florida Statutes, an expunged record is treated as if it never existed for most purposes. Most agencies must respond that no such record exists when asked.

There are narrow exceptions. A person seeking certain licenses or jobs may have to disclose the expunged record. Some law enforcement and judicial uses can still reach it. For the general public, the answer is no record.

A person with an expunged record can lawfully say no if asked whether they have a criminal history, in most settings, under the statute. This is unusual in Florida law and is part of why expunction is harder to get than sealing.

What about mugshot removal sites?

Some websites publish Florida mugshots and then charge a fee to take them down. Florida has consumer protection rules that limit this practice. The basic guidance is simple. Do not pay these sites.

The mugshot on the agency record is still public. Paying a third-party site does not remove it from the agency. It only enriches the operator and often invites more sites to scrape and repost. Florida consumer protection law gives some recourse against the pay-to-remove model.

If a site is publishing a sealed or expunged record, that is a separate problem. The site can be put on notice in writing.

How to request an arrest record

The agency that made the arrest holds the arrest record. That is usually a city police department or a county sheriff. State agencies like the Florida Department of Law Enforcement hold a broader criminal history. Court records about the case are held by the clerk of court.

A clean request has four parts.

  1. Identify the agency.
  2. Name the arrestee and the date of arrest.
  3. Specify what record you want. Say booking record. Say PC affidavit. Say arrest report number if you know it.
  4. State that you want a copy or to inspect.

Send the request in writing if you can. Email works for most agencies. Keep a copy with the date and time. For a longer walk-through, see how to request public records in Florida.

What if the record is sealed or expunged?

The agency should not release it. A sealed record under section 943.059, Florida Statutes is confidential. An expunged record under section 943.0585, Florida Statutes should come back as no record exists. If the agency releases a sealed or expunged record by mistake, contact a lawyer.

Court records are separate

The clerk of court holds the case file. That is the docket, the charging document, court orders, and the case disposition. Court records follow court rules, not Chapter 119 in the same way. Most are public, but some are sealed by court order. Ask the clerk's office or check the online docket for the specific case.

The agency arrest record and the court case file are two different records. Knowing which one you need saves time.

Frequently asked questions

Can I look up someone's arrest record in Florida?
Yes. Booking and charge information is public under section 119.07(1)(a), Florida Statutes. You can ask the law enforcement agency that made the arrest for a copy.
What about the police investigation file?
That is a separate record. Under section 119.011(3), Florida Statutes, active criminal investigative information is exempt while the case is open.
What if the record was sealed or expunged?
Sealed records are confidential under section 943.059, Florida Statutes. Expunged records under section 943.0585, Florida Statutes carry a stronger rule. Most agencies must say no record exists when asked, with narrow exceptions.

Not legal advice. Educational and informational content only. Reading this site does not create an attorney-client relationship. For advice on a specific matter, consult a licensed Florida attorney.