Florida Arrest Records: How to Search, Access, and Seal Public Records

Florida arrest records are public documents created by law enforcement agencies when an individual is taken into custody. Under Chapter 119 of the Florida Statutes, these records—including booking photos, charges, and arrest affidavits—are accessible through the Florida Department of Law Enforcement (FDLE), county sheriff offices, and clerk of court portals.

Understanding Florida Arrest Records and Public Disclosure Laws

In Florida, an arrest record is an official law enforcement entry generated at the time of detention or booking. It is vital to distinguish between an arrest record, an indictment or formal charge, and a criminal conviction record. An arrest record merely documents that a law enforcement officer had probable cause to detain an individual; it does not constitute proof of guilt, nor does it mean formal charges were filed by the State Attorney’s Office.

Florida operates under one of the most transparent public access frameworks in the United States, established by Chapter 119 of the Florida Statutes, commonly known as the Florida Sunshine Law. Under this statute, government records—including arrest logs, police blotters, mugshots, and court dockets—are presumed open for inspection by any member of the public unless a specific statutory exemption applies.

Information Included in a Standard Florida Arrest Record

• Personal Identifying Details: Full legal name, known aliases, date of birth, race, gender, and booking photograph (mugshot).
• Arrest Details: Date, exact time, physical location of the arrest, and arresting law enforcement agency (e.g., County Sheriff's Office, City Police Department, or Florida Highway Patrol).
• Booking and Custody Information: Arresting agency report number, jail booking number, assigned facility, and initial bail or bond amount set.
• Statutory Charges: Detailed list of alleged offenses, categorized by statutory reference (e.g., Florida Statutes Chapter 812 for theft offenses) and severity level (misdemeanor or felony).
• Court Case Assignment: Assigned court case number once the file is transmitted to the Clerk of the Circuit Court.

Official Channels for Requesting Florida Arrest Records

Retrieving an arrest record in Florida requires selecting the appropriate repository based on the scope of your search. Depending on whether you need a statewide criminal background history, recent jail booking information, or certified court case dispositions, requests must be directed to specific state or county agencies.

1. Florida Department of Law Enforcement (FDLE)

The FDLE maintains the official statewide repository for criminal history information, known as the Computerized Criminal History (CCH) system. The CCH collects arrest data submitted by sheriff's offices and police departments across all 67 Florida counties.

• SHIELD / CivCheck System: Allows individuals and authorized entities to perform web-based searches. The search fee is $24.00 per name query, payable electronically.
• Certified Background Checks: Required for official licensing, employment clearance, or legal proceedings. Certified searches require submitting a physical request or fingerprint card to FDLE's Criminal History Information and Policy Section.

2. County Sheriff’s Offices (Booking and Arrest Logs)

For recent arrests (typically within the last 24 to 72 hours), county sheriff's offices maintain online inmate search tools and arrest logs. For instance, large county agencies—such as the Hillsborough County Sheriff's Office, Miami-Dade Police Department, Orange County Sheriff's Office, and Broward Sheriff's Office—provide searchable databases updated in real time.

• Primary Purpose: Verifying current custody status, initial court appearance schedules, and bail conditions.
• Cost: Online viewing is free of charge; physical copies of arrest affidavits requested at local police precincts may incur small copy fees ($0.15 per single-sided page under F.S. 119.07).

3. Clerk of the Circuit Court (Court Case Files and Dispositions)

While an arrest record originates with law enforcement, the official judicial outcome—such as a dismissal, plea, or conviction—is maintained exclusively by the Clerk of the Circuit Court in the county where the arrest occurred.

• Electronic Case Portals: Most Florida court clerks utilize the Comprehensive Case Information System (CCIS) or county-specific Odyssey/CivTek portals to view open-access dockets.
• Certified Case Dispositions: Necessary when proving that charges resulting from an arrest were dropped, dismissed (nolle prosequi), or resolved through diversion.

Direct Comparison of Florida Record Retrieval Options

Selecting the correct service provider depends on whether you require immediate local details, certified statewide criminal histories, or broad nationwide background checks.

Step-by-Step Guide: Requesting Certified Florida Arrest Records

To obtain an official, certified record suitable for legal filings, professional licensing, or immigration reviews, follow this structured process.

Step 1: Identify the Relevant Jurisdiction and Scope

Determine whether you need a certified statewide criminal history from FDLE or a certified court disposition from a specific County Clerk of Court. If searching for an arrest that occurred in a specific city, contact the county clerk where that city resides.

Step 2: Submit a Request to the Official Custodian

FDLE Certified Search PathSubmit a formal request online through the FDLE Criminal History Search Portal or mail a completed Applicant Fingerprint Card (FD-258) along with a $24.00 check or money order payable to the Florida Department of Law Enforcement. Mail requests should be sent to FDLE, User Services Bureau, P.O. Box 1489, Tallahassee, FL 32302.

County Clerk Certified Disposition PathContact the Criminal Division of the County Clerk of the Circuit Court. Provide the defendant’s legal name, date of birth, approximate date of arrest, and court case number (if available). Pay the statutory fee of $1.00 per page plus $2.00 per document certification.

Step 3: Verify the Documentation

Review the retrieved document to ensure it reflects the complete legal resolution. A certified record must bear the official raised or red-ink stamp of the Clerk of Court or the cryptographic electronic seal of the FDLE custodian to be legally valid in formal proceedings.

Sealing and Expunging Arrest Records in Florida

Because arrest records are public under Florida law, an arrest remains visible on public background searches even if the State Attorney drops the charges or a jury acquits the defendant. To remove or restrict public access, individuals must undergo the statutory Sealing or Expungement process under Florida Statutes §§ 943.0585 and 943.059.

Sealing vs. Expungement: Understanding the Legal Difference

• Sealing (F.S. 943.059): The public is barred from accessing the record. The record continues to exist within confidential government and law enforcement databases, but private employers, landlords, and members of the public cannot view it.
• Expungement (F.S. 943.0585): The physical and electronic records are physically destroyed by all court and law enforcement custodians, except that FDLE retains a single, confidential master file under strict statutory seal.

FLORIDA EXPUNGEMENT & SEALING FLOW

1. Verify Eligibility
   • No prior criminal convictions (guilty verdicts)
   • No prior sealed or expunged records in Florida
   • Charges dismissed, dropped, or adjudication withheld
2. Apply for Certificate of Eligibility
   • Submit application + $75 fee to FDLE
   • Include certified disposition & finger print card
3. File Petition in Circuit Court
   • File Petition to Seal/Expunge in original county
   • Serve State Attorney & arresting agency
4. Judicial Review & Court Order
   • Judge signs Order to Seal or Expunge
   • Order distributed to FDLE, Sheriff, & Police Dept.

Statutory Eligibility Criteria

To qualify for record sealing or expungement in Florida, an applicant must meet all of the following requirements:

1. No Disqualifying Convictions: The applicant must never have been adjudicated guilty of a felony or a misdemeanor in any jurisdiction.
2. One-Time Remedy: Florida law permits an individual to seal or expunge only one record in a lifetime, subject to limited exceptions for connected acts.
3. Completion of Sentence: All conditions of probation, community control, or court-ordered obligations (including full payment of fines and restitution) must be satisfied.
4. No Disqualifying Offenses: Certain criminal charges can never be sealed or expunged regardless of whether adjudication was withheld. Prohibited offenses under F.S. 943.0584 include sexual battery, child abuse, carjacking, arson, drug trafficking, and aggravated assault.

Commercial Mugshot Removal Protection

Florida Statute § 901.43 strictly prohibits commercial websites from soliciting payment or fee compensation to remove, edit, or suppress an arrest booking photograph (mugshot).

If a commercial operator publishes an arrest record and demands payment for removal, the individual may send a formal written notice by certified mail. Upon receipt, the website operator must remove the photo within 10 calendar days. Failure to do so constitutes an unfair trade practice under Chapter 501, subjecting the operator to civil fines up to $1,000 per day plus attorney fees.

Consumer Rights and FCRA Compliance for Background Checks

When Florida arrest records are used by third parties for commercial background checks—such as pre-employment screening, tenant evaluation, or commercial credit licensing—federal and state consumer protection laws apply.

The Fair Credit Reporting Act (FCRA)

Consumer reporting agencies (CRAs) compiling background screening reports must strictly comply with federal FCRA guidelines (15 U.S.C. § 1681):

• Seven-Year Limitation on Arrest Records: Under federal law, consumer reporting agencies are prohibited from reporting arrest records or non-conviction records that are older than seven years from the date of the report, unless the position salary exceeds statutory thresholds ($75,000+).
• Written Consent Requirement: Employers must obtain written authorization from an applicant before requesting a background check report.
• Adverse Action Requirements: If an adverse decision (e.g., denial of employment or housing) is based in whole or in part on an arrest record, the entity must provide a Pre-Adverse Action Notice containing a copy of the report and a summary of rights, followed by a formal Adverse Action Notice after a reasonable dispute window.

Frequently Asked Questions About Florida Arrest Records

Does an arrest automatically mean I have a criminal record in Florida?

An arrest creates an official public arrest record with law enforcement and the court system, but it does not mean you have a criminal conviction record. If the prosecutor drops the charges or you are acquitted, the arrest record remains public unless you take formal legal action to seal or expunge it.

How much does it cost to look up an arrest record in Florida?

Viewing county court dockets online through Clerk of Court portals or checking sheriff booking logs is generally free. For official statewide criminal background checks, the Florida Department of Law Enforcement (FDLE) charges $24.00 per search, while certified paper court copies from county clerks typically cost $1.00 per page plus a $2.00 certification fee.

How long does an arrest record stay on public file in Florida?

Under Florida law, an arrest record remains part of the public record indefinitely unless it is formally sealed or expunged through a court order. Commercial background check companies, however, are governed by the FCRA and generally cannot report non-conviction arrests older than seven years.

Can an employer deny me a job based solely on a Florida arrest record?

Under Equal Employment Opportunity Commission (EEOC) enforcement guidance, employers should not make employment decisions based solely on an arrest record, because an arrest does not prove unlawful conduct. Employers are required to perform an individualized assessment considering the nature of the alleged offense, time elapsed, and job duties.

How long does it take to seal or expunge an arrest record in Florida?

The complete sealing or expungement process typically takes between four and seven months. Acquiring the Certificate of Eligibility from the FDLE usually takes 60 to 90 days, after which filing the formal petition, serving the State Attorney, and securing the judge's signature adds another 30 to 90 days depending on court caseloads.

Practical Action Plan for Managing Your Public Record

If you or a client need to manage or audit a Florida arrest record, complete these essential steps:

1. Perform a Personal Record Audit: Run a $24 statewide FDLE search through the CivCheck portal and check the local Circuit Court Clerk docket in the county where the arrest occurred to verify what information is visible.
2. Secure Certified Court Dispositions: Obtain official certified documents showing that charges were dismissed, dropped, or resolved without an adjudication of guilt.
3. Determine Statutory Sealing Eligibility: Check whether the offense is eligible for sealing under Florida Statute § 943.059 and verify that you have no prior disqualifying felony convictions.
4. Issue Removal Notices for Commercial Mugshots: Utilize Florida Statute § 901.43 to send formal certified removal demands to private mugshot aggregators operating outside official government databases.