Brevard County arrest records are created when law enforcement officers collect and record information about an arrested individual upon their arrival at the station following an arrest. Arrest records are created in a process called "booking".
To conduct an arrest, inBrevard County, Florida, the arresting officer must possess an arrest warrant authorizing the arrest. Otherwise, the officer must have probable cause to conduct the arrest, or the suspect must have committed the crime in the presence of the officer. Following an arrest, an arrestee is booked in the Brevard County jail or the nearest police precinct.
Arrest records are created and maintained by the specific law enforcement agency that made the arrest. However, they are transferred between multiple relevant agencies for recording purposes and, as such, may be found among a person'sBrevard County Court Records. Arrest records typically contain an arrestee's personal information (such as their full name, date of birth, race, physical description, and gender), the arresting agency, fingerprints, photographs, filed charges, bond information, and property inventory (items found on an individual at the time of arrest). Arrest records constitute part of a person's criminal history record and may be found during a background check. Furthermore, arrest records are required during criminal court proceedings.
Are Arrest Records Public in Brevard County?
Yes. Per theFlorida Sunshine Law, all records created and maintained by public agencies are available for public inspection and copying. This includes arrest records, crime reports, criminal records, court records, etc. By this law, it is the responsibility of arrest custodial agencies, which typically include police departments, the Brevard County Sheriff's Office, and courts, to provide reasonable means by which interested persons can access these records. While arrest records are generally public, the following related materials are withheld from public view:
- Sensitive information about criminal offenders
- Information that may jeopardize an ongoing investigation or criminal litigation
- Information that could deny someone a fair trial
- Expunged or sealed records
- Medical information
- Any portion of a report that reveals an investigating officer's analysis, techniques, conclusion, or recommendation
- Identifying juvenile information
- Identifying or sensitive information that may threaten the safety or life of a witness, such as their home address, telephone number, or social security number.
What Do Public Arrest Records Contain?
Public arrest records contain the following:
- The arrest date, location, and time
- Complete name, date of birth, and age
- The arrestee's physical description, including height, weight, body art, eye color, gender, and hair color
- Charges filed against the arrestee
- Active parole and probation terms on the arrestee's name
- Crimes that led to the arrest
- The arrestee's occupation
- Court dates and case status
- Booking details, such as photographs and fingerprints.
Brevard County Crime Rate
The2021 crime reportpublished by the Florida Department of Law Enforcement shows a crime index of 11,422 for Brevard County. The crime rate per 100,000 people was 1,852.0. The clearance rate per 100 offenses was 28.9. In the said year, Brevard County recorded the following crimes: 24 murder cases, 229 rape cases, 216 robbery cases, 1,665 aggravated assaults, 1,431 burglary cases, 7,138 larceny cases, and 719 motor vehicle thefts.
Compared to the previous year, 2020, there was a 13.2% drop in the crime rate and an 11.8% drop in the crime index. In 2020, the crime index was 12,950. Note that the 2021 estimate is based on data representing 78.3% of the county's entire population.
Brevard County Arrest Statistics
According to anarrest reportpublished by the Florida Department of Law Enforcement, Brevard County law enforcement made 17,229 arrests in 2020. There were 16,094 adult arrests and 1,135 juvenile arrests. The arrest rate per 100,000 people was 2,839.9. There were 859 arrests for aggravated assault, 1,382 for larceny, 130 for motor vehicle theft, 500 for burglary, 38 for rape, 138 for robbery, 34 for murder, 11 for manslaughter, and 9 for arson. There were 2,503 drug-related arrests.
Compared to the previous year, 2019, when there were a total of 20,413 arrests, the 2020 estimate shows a notable 15.6% drop. In 2019, arrests per 100,000 people were 3,433.8.
Find Brevard County Arrest Records
Brevard County arrest records are maintained by the county sheriff and can be accessed by any interested person. In addition to the Sheriff's office, numerousprecinctsand police departments may conduct arrests, including the Titusville Police Department,Melbourne Police Department,Palm Bay Police Department, East Precinct, Canaveral Precinct, West Precinct, North Precinct, and South Precinct. All arrest documentation created at any of the above entities may be obtained from the agency in question or at the Sheriff's office.
Arrest records maintained by the county are available either in person at the Sheriff's office or online. To find records online, go to thebookings sectionof the Sheriff's website. On this page, an inquirer can search for persons booked in the Brevard County Jail by first and last name. Other relevant information required for a search includes the arrestee's booking and subject numbers. To filter search results, provide the date range within which the subject of the sought-after record was arrested.
Interested parties can also find inmates held in a state prison by using theOffender Information Searchwebsite provided by the Florida Department of Corrections (FDC). This website is searchable by first name, last name, and DC number. The DC number is a six-character-long identification number assigned by the department. Information available on this website includes offenders for felonies and other related crimes, including attempts, solicitations, and conspiracy to commit crimes.
Inmates can be found using the Federal Inmate Locator tool for arrests made by the Federal Bureau of Investigation (FBI). An inquirer can use an inmate's name or assigned identification number to find the inmate's holding facility and, subsequently, contact the facility for further information.
Free Arrest Record Search in Brevard County
In-person arrest record searches at the Brevard County Sheriff's Office, as well as the various police departments and precincts located within the county, are typically free. While these records can be inspected for free, an individual must cover copying costs where necessary. In addition, arrest searches done on the Booking section of the Sheriff's website, discussed in the previous header, are free.
Aside from official sources, many third-party websites exist that people can use to find inmate information for free. These platforms are usually searchable by an inmate's first and last name. However, only basic arrest information is available for free. For a comprehensive report, a user may be required to pay certain nominal fees.
Get Brevard County Criminal Records
Criminal records are official documents that provide broad and comprehensive information about an individual's criminal history. A person's criminal record features all interactions of the person in question with the criminal justice system. It contains information about arrest incidents, criminal litigations and their outcomes, sentencing and parole information, bond information, etc.
Interested persons may obtain criminal history information from the FDLE Division of Criminal Justice Services (CJIS). This agency is the central repository for allcriminal history recordsfor Florida. It is also responsible for making them available to members of the public upon request. To obtain records, requesters must pay a public request fee of $24. The agency provides various electronic options for obtaining the needed records on theFlorida Criminal History Record Checkwebsite.
To find criminal records on any person, the searcher must possess the full name of the person of interest and, if available, the person's date of birth and location. Inquirers who visit a law enforcement agency to conduct a criminal record search in person are typically required to present a valid means of identification.
Brevard County Arrest Records Vs. Criminal Records
A Brevard County arrest record contains information limited to a specific arrest incident. The content includes the details of the arrest itself, information about the charges that led to the arrest, and identifying information about the suspect. Arrest records do not imply a person's guilt.
In contrast, criminal records provide a broader overview of a person's involvement in criminal activities and their interaction with law enforcement in the county. It contains information about a person's criminal history, including charges, arrests, convictions, criminal court proceedings, and sentences. Unlike arrest records, criminal records imply guilt as determined by a court of competent jurisdiction.
Generally, the main difference between a criminal record and an arrest record is the scope of the information they contain. A criminal record is a comprehensive documentation of a person's criminal past, whereas an arrest record only provides information about a specific arrest.
How Long Do Arrests Stay on Your Record?
Indefinitely. Arrests appear on a person's record forever unless the subject appears for sealing or expungement. Moreover, various agencies that maintain arrest records have individual record retention schedules and policies. Individuals looking to clear arrests from their records should contact their lawyer for legal advice.
Expunge Brevard County Arrest Records
Residents of Brevard County who have arrest reports can petition a court of competent jurisdiction forexpungementof such information from their records. Sections943.059and943.0585of the Florida Statutes (FS) set forth provisions that govern the sealing of arrest and criminal records. Pursuant to this statute, a record party must apply to the Florida Department of Law Enforcement (FDLE) for a Certificate of Eligibility for Sealing before petitioning the court. The said certificate has a 12-month validity period.
Paragraphs (1)(a)-(e) FS 943.0585 outlines the eligibility requirements for record expungement. A $75 processing fee is required for the certificate of eligibility. Section943.0584of the Florida Statutes sets forth record types that are ineligible for sealing. Note that the certificate of eligibility does not guarantee that an expungement petition will be granted, as this decision is at the court's discretion.
If the expungement petition is granted, the court issues an order to the involved agencies to remove the affected arrest records from public view, making them impossible to find during background checks. After this, the court typically notifies the record's subject and relevant agencies of the expungement of the said records.
Brevard County Arrest Warrants
An arrest warrant is a legal document that orders law enforcement to apprehend and detain an individual suspected of committing a crime. Arrest warrants can only be issued by magistrates or judges upon the establishment of probable cause. While law enforcement agencies generally require a warrant to conduct an arrest, certain arrests may be made if the crime was committed in the presence of a law enforcement official or if the officer has probable cause for the arrest.
Before an arrest warrant can be issued, a prosecutor or law enforcement officer must present evidence to a judge with competent jurisdiction to establish that a crime has been committed and that the suspect is responsible. The following information can be found on an arrest warrant:
- Date of issue
- Name, date of birth, and, if available, other identifying information of the suspect
- The name, title, and signature of the issuing magistrate or judge
- Expiry date
- Conditions of release and bail amount, if applicable
- Court stamp or seal.
Brevard County Arrest Warrant Search
Brevard County arrest warrant searches are used to look up information on active arrest warrants issued in the county. However, note that active arrest warrants are not public. The office of the Brevard County Sheriff maintains a list of all warrants issued in the county and makes them accessible only to law enforcement agencies, the judiciary, and authorized members of the public. Eligible persons who wish to find out if there is an active warrant on any person in Brevard County should submit apublic record requestto the Sheriff's office or inquire at the office of the clerk of the court where a warrant is believed to have been issued.
While arrest warrants are not entirely public, law enforcement agencies may publish a publicly available list of wanted persons online or at their offices. To search any public database for outstanding arrest warrants or Most Wanted lists, an inquirer is typically required to possess the full name of the person of interest, the date range within which the said warrant is believed to have been issued (if available), and other relevant identifying information.
Do Brevard County Arrest Warrants Expire?
Brevard County arrest warrants do not have a specific expiration date. The validity period depends on the circ*mstances at hand, such as the severity of the related crime, whether or not the suspect's whereabouts are known, and the warrant's renewal procedures. Persons with active arrest warrants on their names may turn themselves in at the police station or negotiate a settlement.
Also, if the warrant was incorrectly issued, a suspect may contest it in court through a lawyer. They must provide sufficient evidence that proves they are not guilty of the associated charge(s). If the suspect can successfully establish that a warrant is invalid or illegal, the warrant in question may be recalled or quashed. Arrest warrants automatically become void upon the death of the individual named in the warrant.
