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Are Arrest Records Public in the State of Florida?
TL;DR: Yes, in the State of Florida arrest records are public records. You do not have to say why you want them. Police can hold back open case work for a time, and the public cannot see a record a court closed.
This guide covers what the law opens and what it keeps closed. It also shows how to search for and look up arrest records in Florida, and what that costs.
What arrest records are public in Florida?
Florida treats arrest and crime reports as open to the public in most cases. The Attorney General has said so in AGO 91-74 and AGO 80-96. An AGO is a written opinion from the Florida Attorney General.
Florida law also names facts about an arrest that never count as secret police work. Section 119.011(3)(c), Florida Statutes, lists them:
- The time, date, place, and kind of crime someone reported.
- The name, age, sex, and home address of the person arrested.
- The time, date, and place of the arrest.
- The crime charged.
- Papers given to the person arrested, with a few limits.
- Informations and indictments, which are the formal charges. A prosecutor files an information, and a grand jury returns an indictment.
These facts must come out unless some other law shields them. A Florida appeals court said so about the time, place, and kind of crime. Barfield v. City of Tallahassee, 171 So. 3d 239 (Fla. 1st DCA 2015).
What is in an arrest record?
Most people want one of three public records: arrest reports, booking photos, or the charge papers. Each one comes from the law enforcement agency that made the arrest.
The arrest report
The report tells what the officer saw and did. The agency may redact, or black out, parts that hold active case work or the name of certain victims. The rest of the report is still yours to see.
The booking photo
A booking photo, or mugshot, is the jail's photo from booking, and it is part of the arrest file. One limit: the photo of a current or past police officer is exempt under section 119.071(4)(d). That means the agency may keep it closed.
Facts about a victim
Some facts about a crime victim stay closed. Section 119.071(2)(h) keeps secret the name of a victim of a sex crime or child abuse. The rest of the report can still come out.
Can the police keep part of the file closed?
Yes, for a time. Section 119.071(2)(c)1. shields active criminal investigative information, which means the case work police gather while they still work the case.
Case work counts as active while police still expect, in good faith, to make an arrest or bring charges soon. It also stays active while a prosecution or appeal is still going on. Section 119.011(3)(d) sets that rule.
The shield is narrow. It exists so that an early leak does not hurt the case or warn a suspect. Tribune Co. v. Public Records, 493 So. 2d 480 (Fla. 2d DCA 1986).
If a report mixes open facts with active case work, the agency may cut out only the closed part. You still get the rest (AGO 91-74).
Papers the state gives the person charged, as part of the case, usually lose the shield. That rule comes from section 119.011(3)(c)5. and Satz v. Blankenship, 407 So. 2d 396 (Fla. 4th DCA 1981).
For more, see records of an active criminal investigation and when the active case shield ends.
Are juvenile arrest records public?
Most are not. Juvenile offender records have their own rules, and Florida has long kept them confidential. The main law is section 985.04.
The big exception is a felony, a serious crime that can bring prison time for an adult. For a felony-level offense, a child's name, photo, address, and arrest report are not secret because of age.
That covers a child taken into custody for it, charged with it, or found to have done it. It also covers a child sent to adult court. Section 985.04(2) sets this rule.
The Legislature chose which juvenile records lose their shield. For a lower crime, like a misdemeanor, the arrest record of a child generally stays closed. G.G. v. Florida Department of Law Enforcement, 97 So. 3d 268 (Fla. 1st DCA 2012).
Even in a felony case, an agency may choose not to post a child's booking photo on its own website. The photo can still be open to a records request.
Can I get Florida criminal records and a criminal history?
Yes, in most cases. A criminal history is a public record unless a specific law makes it exempt from disclosure (AGO 77-125). State and local law enforcement may release it to the public under section 943.046.
The Florida Department of Law Enforcement, or FDLE, keeps a statewide State of Florida criminal history built from Florida sources. Police get it free, and anyone else pays the fee set in section 943.053(3)(a). For a statewide criminal records search, ask FDLE for a criminal history record check.
Some history comes from the FBI or other states. Florida may share that part only as the source's own rules allow, under section 943.053(2) and AGO 99-01. Police may also post facts about a sex offender without a request (AGO 97-09).
Can I get free arrest records in Florida?
You can look for free. Florida law lets you inspect public records at no charge unless a law authorizes a fee. State ex rel. Davis v. McMillan, 38 So. 666 (Fla. 1905).
Copies cost a little. Most agencies may charge up to 15 cents for each one-sided page under section 119.07(4)(a)1. A job that takes a lot of staff time can add a special service charge under section 119.07(4)(d).
Court copies cost more, since the clerk of court charges $1.00 a page under section 28.24. An FDLE criminal history check also has its own fee. See what a Florida agency can charge.
Where can I find public arrest records in Florida?
Three places hold them. The agency that made the arrest keeps the arrest report and the booking file. FDLE keeps the statewide criminal history.
The clerk of court keeps the court case, such as the docket (the list of filings) and the orders. Court files follow a court rule, not Chapter 119, the public records law. Public access to them comes under Rule 2.420 of the Florida Rules of General Practice and Judicial Administration.
The right to see court files still comes from Article I, Section 24, of the Florida Constitution. For more, see are court records public in Florida.
How do I look up arrest records in Florida?
Start with the agency that made the arrest. That is most often the city police or the county sheriff. Ask if it has records online or a booking search, or submit a request to its records office.
- Name the agency you are asking.
- Give the name of the person arrested and the date, if you know it.
- Say what you want: the arrest report, the booking photo, or the charge papers.
- Say if you want to look at the records, get copies, or both.
You do not need a form, and the law does not make you write it down. Dade Aviation Consultants v. Knight Ridder, Inc., 800 So. 2d 302 (Fla. 3d DCA 2001).
You also do not have to say why you want the records. Curry v. State, 811 So. 2d 736 (Fla. 4th DCA 2002). A written request still helps, since it shows the date you asked.
For the full steps, see how to request public records in Florida. If you were the one arrested, see how to get a Florida police report after an arrest.
What if a court sealed or expunged the record?
Then the public cannot see it. To seal a record, a court orders it closed. To expunge a record, a court orders the agency to destroy it (AGO 02-68).
Sections 943.059 and 943.0585 keep these records from the public, with few exceptions. A records keeper who knows such a record exists may not even say that it exists (AGO 94-49).
A few groups can still learn of it. These include criminal justice agencies, like police, and some licensing boards and employers. See sections 943.0585(6) and 943.059(6).
Florida law also seals some records without a court order, under section 943.0595. For more, see who can see sealed or expunged records.
Can a website charge to take down a mugshot?
No. Section 901.43(1) bars any site or other entity that posts booking photos from taking a fee to remove them. Do not pay to take a photo down.
The photo can still stay in the agency's own public file. A site removing it does not change the agency record.
Related
- Are records of an active criminal investigation public in Florida
- How to get body cam footage of your arrest in Florida
- Are 911 calls public records in Florida
- Who can see sealed or expunged records in Florida
- How to request public records in Florida
Frequently asked questions
- Are arrest records public in the State of Florida?
- Yes, in most cases. Florida treats arrest and crime reports as open records. Police can never hold back some basic facts about an arrest as case work.
- Can I look up arrest records in Florida for free?
- You can look at public records for free unless a law sets a fee. Copies cost up to 15 cents a page at most agencies. The clerk of court charges $1.00 a page.
- Can the police refuse to give me an arrest report?
- They can hold back active case work for a time. They cannot hold back the basic facts of the arrest. They must give you the rest of the report.
- Can I see a sealed or expunged arrest record?
- No. The public cannot see a record a court has sealed or expunged. Only a few groups, such as police and some licensing boards, can learn of it.
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.