Arrest Records

What are public arrest records?

When a person is arrested, the law enforcement agency responsible for the arrest creates an arrest record (also known as an arrest report), a type of criminal report filled with the details of the incident, along with information about the arrested individual. Generally, the arrest record then becomes public information accessible to everyone. 

Arrests are usually made either when a law enforcement officer witnesses a crime, or responds to the report of a crime, or as a result of the issue of an arrest warrant on account of substantial evidence that a person committed a crime. In both cases, an arrest record is produced. 

An arrest record is made regardless of the final outcome of the situation, or whether the arrested individual is found guilty of their crime(s). 

What is included in a public arrest record 

  • Description of the incident: An arrest record will include a chronological account of the alleged crime produced by the arresting officer that may utilize information provided by first-hand witnesses and/or victims of the alleged crime. 
  • Date and location of the arrest
  • Physical description: The height, weight, hair color, sex, and race of the arrested person, along with other distinguishing characteristics such as tattoos, scars, or birthmarks. 
  • Personal information: The name, age, date of birth, phone number, address, social security number, and other contact information of the arrested individual, as well as any other names the person may go by. 
  • Photographs
  • Fingerprints
  • Criminal charges filed
  • Classification of the crime: Whether the alleged crime is a felony or a misdemeanor.
  • Bail
  • Court date
  • Police interrogation details

 

Public Arrest Records FAQ

What is an arrest?

This may seem like a silly question, but it’s important to clarify what legally constitutes an arrest. Technically, an arrest occurs when a legal authority takes a person into custody against their will, often through the use of force.  In the event of an arrest, the arrested person is not free to leave. 

An arrest is almost always made by an officer of the law, either a federal, state, county, or local police officer. However, in rare cases, a civilian not affiliated with law enforcement may make a “citizen’s arrest”. An example of this is in the case of a shoplifting incident when an employee or manager of a story can legally detain a suspect until the arrival of law enforcement personnel. 

Courts use the “reasonable man” principle to determine whether a person has been arrested or not. This entails asking a reasonable person to put themself in the position of the defendant and asking them whether they believe they were free to leave of their own volition during the incident.

Who can access public arrest records?

In a majority of cases, arrest records are considered part of the public record and are available to the general public. This is due to the Freedom of Information Act (FOIA) of 1967, which requires federal agencies to release requested documents and information if they are not protected by one of nine special exemptions. The FOIA has made background checks easy to perform by individuals and organizations, and documents including police reports, court records, and vital records such a birth and death certificates are not difficult to track down.

Why can’t I access an arrest record?

There are a number of reasons why you may not be able to access an arrest record. One of the main ones is that releasing the arrest record violates one of the special exemptions listed in the FOIA.

The FOIA includes nine exemptions that allow agencies to withhold documents, such as arrest records, and not release them to the public. They are:

  1. The information is classified to protect natural security. 
  2. The information focuses on the internal rules and practices of the agency.
  3. Another federal law prohibits the release of the information.
  4. The information includes confidential trade secrets and/or commercial and financial information. 
  5. The information includes privileged, confidential communicative exchanges between two agencies. 
  6. The information could pose a danger to another person’s privacy if released.
  7. The information is reserved for law enforcement purposes in a court case or an investigation, or could reveal a confidential source. 
  8. The information includes confidential information about financial institution supervision. 
  9. The information includes geographical information about wells.

Additionally, some state laws limit the availability of arrest records due to the fact that they are perceived as one-sided documents that do not include the arrested person’s account of the incident. 

Similar to Exemption 7, arrest records may be kept from public access at the state level in the case of an ongoing investigation, or if the release of the arrest records involves a risk to public safety, to an individual connected to the arrest, or to the arrested person.  

What is the difference between an arrest record and a criminal record?

Compared to an arrest record, a criminal record is a more thorough document that details an individual’s entire criminal history, including arrest warrants, arrests, third party complaints, convictions, and even dropped cases. 

An arrest record merely details the incident of an arrest and does not include information about whether or not the arrested person was found guilty of the associated crime. 

How many Americans have been arrested?

While crime has steadily dropped in the United States over the past several decades, arrests have gone up, particularly for younger age groups. Typically, law enforcement makes around 10 million arrests each year. Here are some key statistics on arrests in the United States:

  • In 2018, around 10.3 million arrests were made nationwide.
  • 73% of arrested persons in 2018 were males.
  • The more recent an American was born, the greater the likelihood that the individual has been arrested at least once. The following is the percentage of Americans in various age groups that have been arrested: 
    • 6.4% of Americans  born before 1949
    • 10.7% of Americans born between 1949 and 1958
    • 13.8% of Americans born between 1959 and 1968
    • 18.7% of Americans born between 1969 and 1978
    • 23% of Americans born between 1979-1988

Sources: Federal Bureau of Investigation, RAND Corporation

What are the most common crimes people are arrested for?

In 2018, the greatest number of arrests were made for:

  • Drug abuse violations, totaling around 1.65 million arrests
  • Driving under the influence (around 1 million arrests)
  • Larceny-theft (887,600 arrests)

Source: Federal Bureau of Investigation

Where are physical copies of arrest records kept?

Physical copies of arrest records are generally kept by the law enforcement agency responsible for the arrest, usually by the county sheriff’s office or the local police department.

Can an arrest record be cleared?

While there is currently no way to have a federal criminal record cleared, in some cases, an arrest record may be cleared, or expunged, at the state level, depending on local jurisdiction. 

However, state laws vary considerably on how expungement can be performed, and the process is frequently rather complicated, typically requiring the services of a law professional. 

Sometimes it’s simple: if a person is found not guilty in court for the crime they were arrested for, the arrest record may be cleared. 

Another scenario wherein an arrest record may be cleared is if the crime was committed when the party was a juvenile. However, for certain types of crimes, like sex crimes and some traffic offenses, arrest records may not be cleared.

There are also situations in which an arrest record may be “sealed” by court order, in that it still technically exists within the system but it is no longer accessible to the public, except under special circumstances.  

What can one do if an arrest record has inaccurate information?

If an arrest record contains incorrect information, one should make a direct appeal to the law enforcement agency responsible for the arrest to have the information removed or corrected. Often, states will have an official form available to fill out and submit to correct false information found in arrest reports or other documents related to a person’s criminal record. 

How can one obtain a public arrest record?

The best way to acquire an arrest record is to visit the local courthouse or police department and make a request for a copy of the record. The clerk may ask for an administration fee of around $10-$30. 

In addition to visiting the local office of a court or law enforcement agency, people can often submit a request to a centralized state law enforcement agency through the mail or via the internet in order to view arrest records.

In many states, the executive branch of the state government includes a law enforcement agency that oversees all other state law enforcement agencies and is in charge of coordinating public safety. These agencies typically accept mailed requests to view government records.

One can also make an FOIA request to view an arrest record through contacting the FBI, which also comes with a fee.

How can one get an arrest record for free on the internet?

In addition to making direct requests to local courts and law enforcement agencies to obtain arrest records, there are also online services  that provide access to these and other public records in exchange for a membership fee. 

While many of these sites claim to offer “free background check” searches, most will inevitably ask visitors to pay before delivering the results of the search. 

However, despite the fact that users must pay to obtain an arrest record from an online service, it’s nevertheless a convenient means of getting these documents. The offices of government agencies are frequently marred by inconsistent service and take a long time to process requests to view documents. Sometimes it’s worth it to pay a fee to use an online background check service, rather than endure the extended delays typical of government offices.  

Learn More About Arrest Records In Each State