Arrest records are public in Florida. Chapter 119 of the Florida Statutes, the state’s public records law, declares state, county, and municipal records open for inspection and copying by any person, and arrest details are specifically carved out of the criminal investigative information that agencies are allowed to withhold.1The Florida Legislature. Chapter 119 Public Records Anyone can ask the agency that holds the record for a copy, and the agency has to respond within a reasonable time. Sealed records, expunged records, and most juvenile cases are the main exceptions, but the default is disclosure.
What a Public Arrest Record Contains
A Florida arrest record captures the basic facts of the encounter with law enforcement. It includes the person’s full legal name, any known aliases, date of birth, and physical descriptors like height, weight, and hair and eye color. If the person was physically booked into jail, the booking photograph is part of the record. The record also lists the specific charges, the date and time of the arrest, the arresting agency, and an internal booking or arrest number used to track the case.
Not everything in the underlying case file is public. Active criminal investigative information is exempt from disclosure while an investigation is ongoing.1The Florida Legislature. Chapter 119 Public Records The substance of any confession stays confidential until the case reaches a final disposition. And under Marsy’s Law, which is part of the Florida Constitution, information that could be used to locate or harass a crime victim can be withheld from the public version of the record.
Where to Look Up a Florida Arrest Record
The usual starting points are the clerk of court and the sheriff’s office in the county where the arrest happened. Clerks maintain the criminal case files, and most offer online search portals that let you look up a case by name. Sheriff’s offices maintain the initial booking records and typically post searchable arrest databases on their websites, usually asking only for a name and an approximate date of birth. Local searches are generally free.
For a statewide search covering all 67 counties in a single query, the Florida Department of Law Enforcement operates a Criminal History Information portal called CCHInet. The base fee is $24 per name, plus a $1 credit card processing fee, so the total is $25 whether or not the search returns results.2Florida Department of Law Enforcement. State of Florida Criminal History Record Check FDLE’s service is the only way to pull records from across the entire state at once.3Florida Department of Law Enforcement. FDLE Criminal History Information on the Internet Home Page
One thing to know before you search a sheriff’s jail database: not every criminal charge produces a booking entry. For many misdemeanors, an officer can issue a Notice to Appear instead of making a physical arrest, which means no booking photograph and no entry in the jail system. The charge itself still shows up in the clerk of court’s case records and in FDLE’s statewide criminal history system.
When Arrest Records Are Not Public
The public records default has real exceptions. Several legal mechanisms pull an arrest record out of public view entirely, or sharply limit who can see it.
Sealed Records
A court can order a record sealed, which removes it from public databases and limits access to a narrow group of government agencies. The person whose record is sealed can still be required to disclose it when applying for certain jobs in law enforcement, education, and other sensitive fields, but the general public and most employers won’t be able to find it.
Expunged Records
Expungement goes further than sealing. When a Florida court orders a record expunged, every criminal justice agency that holds a copy must physically destroy it. FDLE keeps a confidential copy that is exempt from public records requests and can only be released by court order.4Florida Senate. Florida Statutes 943.0585 – Court-Ordered Expunction of Criminal History Records
Petitioning for either remedy requires a Certificate of Eligibility from FDLE, which costs $75.5Florida Department of Law Enforcement. Applying for a Certificate of Eligibility for Court-Ordered Sealing or Expunction Eligibility is strict: you cannot have been found guilty of or pled to the charges from the arrest, and you cannot previously have had a Florida record sealed or expunged.6The Florida Legislature. Florida Statutes 943.059 – Court-Ordered Sealing of Criminal History Records Florida allows one seal or expungement per lifetime, which catches people with arrests in two separate cases off guard.
Automatic Sealing by FDLE
Since 2019, FDLE is required to automatically seal eligible criminal history records without any petition from the person arrested. A record qualifies if charges were never filed, if filed charges were later dismissed, if the verdict was not guilty on all counts, or if the judge entered a judgment of acquittal on all counts. Automatic sealing does not apply if the arrest involved a forcible felony or a sexual offense requiring registration, and it does not apply when a case was dismissed because the defendant was found incompetent to stand trial.7Florida Senate. Florida Statutes 943.0595 – Automatic Sealing of Criminal History Records The seal happens once FDLE receives the final disposition from the clerk of court, with no paperwork or fees required from the individual.
Juvenile Records
Juvenile arrest records are generally confidential, with important exceptions. The law makes a juvenile’s name, photograph, address, and arrest report public when the child is taken into custody or charged with an offense that would be a felony if committed by an adult, or when the child is transferred to adult court.8The Florida Legislature. Florida Statutes 985.04 – Oaths, Records, and Confidential Information For misdemeanor-level offenses that stay in the juvenile system, records remain accessible only to the child, their parents, their attorney, and specific government agencies. A minor’s criminal history record is also automatically expunged at age 21, or at age 26 if the minor was committed to a juvenile facility, as long as the person has not been charged with or convicted of a forcible felony as an adult.9Florida Department of Law Enforcement. Seal and Expunge Process
Getting a Booking Photo Off a Commercial Website
Public does not mean a private site gets to charge you to take your mugshot down. Under Florida Statute 901.43, any website whose primary business is publishing booking photographs for commercial gain cannot charge a fee to remove the photo. The person pictured sends a written request by registered mail to the site’s registered agent, including proof of identity and enough information to identify the photograph. The site has 10 calendar days after receiving the request to take the image down at no cost.10The Florida Legislature. Florida Statutes 901.43 – Dissemination of Arrest Booking Photographs
If a site ignores the request, you can bring a civil action for an injunction, and the court can impose a civil penalty of $1,000 for each day the photo stays up after the injunction. If the site takes the photo down but later republishes it, the penalty jumps to $5,000 per day. The court must also award reasonable attorney fees and court costs, and violating the statute qualifies as an unfair or deceptive trade practice under Florida’s consumer protection laws.10The Florida Legislature. Florida Statutes 901.43 – Dissemination of Arrest Booking Photographs Any website asking you to pay for removal is making an illegal request.
How Public Arrest Records Appear in Background Checks
Even when an arrest record stays public, federal law limits how long it can follow someone through commercial background checks. The Fair Credit Reporting Act prohibits consumer reporting agencies from including an arrest in a background report if the arrest is more than seven years old, unless the governing statute of limitations provides a longer window.11Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports The seven-year clock runs from the date of the arrest, not from any later court date. Convictions can be reported indefinitely under federal law.
On the employment side, guidance from the Equal Employment Opportunity Commission takes the position that an arrest alone does not prove someone committed a crime, and blanket policies rejecting applicants based on arrest records can violate Title VII of the Civil Rights Act when they disproportionately affect protected groups. Employers who consider arrest-related information are expected to weigh the seriousness of the underlying conduct, how much time has passed, and the nature of the job, and to give the applicant a chance to explain the circumstances before deciding.12U.S. Equal Employment Opportunity Commission. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII Several Florida cities and counties, including Tampa, Orlando, St. Petersburg, and Clearwater, have adopted “ban the box” policies that remove criminal history questions from public-sector job applications, though these apply to government hiring rather than private employers.