Yes. Criminal records in the US are public record unless the arrestee is a minor. Here is how to find recent arrests, mugshots, and legal landmines you should be aware of.
How to find recent arrests: quick take.
- Search local law enforcement websites.
- Arrest and criminal records are public records.
- Juvenile criminal records are not public records.
- Use PACER, to find federal court cases.
How to find recent arrests: What information can police share?
Under the Freedom of Information Act, Criminal Records or Rap Sheets are open to the public. Consequently, all US citizens, under FOIA, have the legal right to request access to federal and law enforcement agency records and information. When you send a written request, the law requires federal agencies to disclose records unless the record is protected from disclosure by three exclusions in the act -or nine exceptions. Furthermore, under the 1996 Electronic Freedom of information Act (EFOIA), you may request the documents in electronic format.
What are the 9 exemptions for FOIA?
- Classified information (to protect national security).
- Data related to internal personnel rules and practices of an agency.
- Information prohibited from disclosure under federal law.
- Trade secrets, financial information, or confidential/privileged data.
- Privileged information between agencies.
- Information that would invade another person’s privacy.
- Information that might interfere with court proceedings, or an individual’s privacy.
- Data that may endanger an individual’s safety.
- Geological information on wells
- Information that concerns the supervision of financial institutions.
How do I find recent arrests records?
As mentioned, to find recent arrest records, the easiest option is to call or preferably visit local law enforcement offices and file an Open Records Request. An Open Records Request is an appeal for public information records or files held by a law enforcement agency.
State laws vary and some jurisdictions may require a fee, but the law generally allows the public to view these records. You must file a written request, below is an example. The fee may include costs such as certification fees, authentication fees, copying fees, and so on.
What to remember: how to find recent arrests.
- Make sure that you correctly spell the individual’s name.
- You may request via email.
- If the information is unavailable, try contacting the police chief or visiting in person.
- Search through local law enforcement websites.
As mentioned, the exceptions above allow law enforcement to withhold some information. Therefore, if you run into legal walls, you may consult with an attorney to help you secure the records you need.
In short, to find recent arrests what you must do is:
- Submit a request to a local custodian.
- Search local law enforcement websites (fastest option).
You may also use independent third-party services, or hire a lawyer to help you access the records.
Are police mugshots public records?
In the US, mugshots are public records and are thus are open for inspection and copying. However, state mugshot laws vary, for example, In Alabama, the law only requires local law enforcement to make available a well-bound book containing the descriptions of all persons received in the county jail.
In Arkansas, there is no case law or statute on the issues, because the state does not prohibit the release of mugshots to the public. Whereas in California, the law does not prohibit law enforcement officers from releasing mugshots to the public.
Can police post mugshots on social media?
When searching for a missing person, suspect, or fugitive, there are no laws barring police officers from posting mugshots on social media. However, almost all jurisdictions do not allow officers to post mugshots related to petty offenses, civil offenses, and misdemeanors.
As public records, it is worth mentioning that it is not illegal for sites to post mugshots on their sites. However, if the website post the mugshot along with inaccurate information, the person depicted may take civil action against the website. The settlement may include attorney fees; therefore, it is advisable to consult with a lawyer to find out if a civil action is a suitable course of action.
Is there a way to remove your mugshot from the public record?
Yes. If you successfully petition the court for expungement, government sites will remove your mugshot from public record, However, removing the image from the internet, especially if it went viral, can be problematic.
Are minors’ records public?
No. Unlike adult criminal court that punishes criminal offenses; juvenile justice aims to rehabilitate. Consequently, juvenile records are not public records. The reason for that is to shield teen offenders from the social and professional stigma of having a record at a young age.
In most states, only government agencies, school authorities, the juvenile’s caregivers, and law enforcement have access to juvenile records.
It is also worth mentioning that it is unlawful to post-juvenile records or mugshots on social media or third-party websites. However, some states, including California, have exceptions for juveniles convicted for serious felony offenses.
If you are looking for juvenile records, we recommend consulting with an attorney to avoid potential legal landmines that may come your way.
How do I check someone’s criminal record?
The easiest way to find someone’s criminal record is to visit a court clerk’s office, state agency website, or court website and request a search. You should have access to public records. But, if at the time of the crime the individual was a minor, or if the accused expunged his record, The record will be on the sealed records list.
How to find recent arrests records: Can you open sealed records?
Once an individual’s criminal record is sealed; The only way to access it is through a court order.
How do you look up federal records?
According to the United State Courts, anyone can locate federal court case records by using PACER. PACER stands for Public Access to Court Electronic Records, it is a service that electronically maintains federal cases. To use the service you must create a PACER account.
This will give you access to a nationwide search.
However, court cases created before 1999 are not available on the website because they are maintained in paper format only. To access these files you may use the public accesses terminals at the clerk’s office where the case was filed.
Find recent arrests records: Is the service free:
No, if you use a public access terminal you will have to pay ten cents or more per page. If using PACER, there is a 10 cent per page fee. To retrieve a federal record for view, you must pay a $64 fee.
Why it is important to verify accuracy if you intend to use recent arrest records
As mentioned, posting someone else’s mugshot or records along with false information is grounds for civil action in some states. Therefore, you must ensure that you get accurate information. The easiest way to do that is to visit a law enforcement agency where the individual was arrested or the court, and verify. Remember, law enforcement officials may make errors when posting the information on the internet. If you reuse inaccurate information, you may be liable for the damage -sharing the information causes.
If possible, we recommend consulting with the arresting officer. or hire a professional to do the job.