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Polk County Arrest Records

How To Look Up Arrest Records in Polk County in 2026

PolkGERecords.us provides data and publicly available information related to arrest records in Polk County. Members of the public may find booking details, charge information, custody status, and related court case data through this resource. Available record categories include arrest logs, booking photographs, bond information, charge classifications, and inmate roster entries. Information presented reflects what has been made available through official sources and may not reflect the most current status of a case.

Records may be searched through official resources, clerk offices, public access terminals, and online tools. The following methods are available to members of the public seeking arrest record information.

Online Methods:

1. County Sheriff's Office Arrest Records

The Polk County Sheriff's Office maintains an online inmate search tool that allows members of the public to query current and recent booking records. Available information includes the arrestee's name, booking date, charges, bond amount, and custody status. The inmate roster is updated on a continuous basis, reflecting real-time changes in custody status.

2. Local Police Departments

The Lakeland Police Department and the Winter Haven Police Department serve as the primary municipal law enforcement agencies within Polk County. Both departments publish press releases containing arrest information for notable cases. Members of the public may submit public records requests directly to each department for arrest logs and incident-related information.

3. County Clerk of Court Case Search

The Polk County Clerk of Courts operates an online case search portal through which members of the public may search criminal court cases by defendant name. Court cases linked to arrests are accessible and include charge information, hearing dates, and case disposition. This resource is particularly useful for identifying the court proceedings associated with a specific arrest.

4. State Law Enforcement Database

The Florida Department of Law Enforcement (FDLE) maintains the Florida Crime Information Center (FCIC), which serves as the state-level repository for criminal history records. Members of the public may submit a request for a Florida criminal history check through the FDLE's public records portal. A standard fee of $24.00 applies to public criminal history record requests submitted through FDLE.

In-Person Access:

Sheriff's Office:

Polk County Sheriff's Office 1891 Jim Keene Blvd Winter Haven, FL 33880 Phone: (863) 298-6200 Polk County Sheriff's Office

  • Records Division is located at the main administrative facility
  • Hours: Monday–Friday, 8:00 a.m. – 5:00 p.m.
  • Requestors should bring a valid government-issued photo identification
  • Copy fees: $0.15 per one-sided page; $0.20 per two-sided page, pursuant to § 119.07, Florida Statutes

Police Departments:

Lakeland Police Department 219 N Massachusetts Ave Lakeland, FL 33801 Phone: (863) 834-6900 Lakeland Police Department

Winter Haven Police Department 125 N Lake Silver Dr NW Winter Haven, FL 33881 Phone: (863) 291-5858 Winter Haven Police Department

Both departments accept in-person public records requests during regular business hours. Requestors should provide the full name of the subject, approximate date of arrest, and a valid photo identification. Standard copy fees apply per page.

Clerk of Court:

Polk County Clerk of Courts – Criminal Division 255 N Broadway Ave Bartow, FL 33830 Phone: (863) 534-4000 Polk County Clerk of Courts

  • Hours: Monday–Friday, 8:00 a.m. – 5:00 p.m.
  • Criminal records division handles case file inspection and certified copy requests
  • Copy fees: $1.00 per page for certified copies; $0.15 per page for uncertified copies

By Mail:

Written requests may be directed to the Polk County Sheriff's Office Records Division at 1891 Jim Keene Blvd, Winter Haven, FL 33880. Requests should include the arrestee's full legal name, date of arrest if known, booking number if known, and the requestor's full contact information. Payment for copies should be included in the form of a check or money order made payable to the Polk County Sheriff's Office. Processing time for mailed requests is typically 5–10 business days.

By Phone:

  • Polk County Sheriff's Office: (863) 298-6200
  • Inmate information line: (863) 298-6400
  • Requestors should have the subject's full name, date of birth, and approximate arrest date available
  • Phone inquiries provide limited information; requestors may be directed to the online inmate search or an in-person visit for complete records

Through Legal Channels:

Attorneys may submit formal public records requests on behalf of clients or obtain records through the discovery process in active legal proceedings. Subpoenas may be issued to compel production of detailed arrest and investigative records not otherwise available through standard public access channels.

Information Needed for Search:

  • Full legal name (first and last name at minimum)
  • Date of birth or approximate age
  • Approximate date of arrest
  • Booking number, if known
  • Jurisdiction of arrest (Sheriff's Office, Lakeland PD, Winter Haven PD, or other agency)

Are Arrest Records Public in Polk County

Arrest records in Polk County are public records under Florida law. Pursuant to § 119.011, Florida Statutes, public records include all documents, papers, and electronic data made or received in connection with official government business. The Florida Public Records Law reflects the state's commitment to government transparency, public safety, and community awareness. Arrest records serve a recognized public interest by enabling journalism, legal research, background screening, and informed civic participation.

What Arrest Information Is Public:

  • Arrestee name and aliases
  • Date and time of arrest
  • Location of arrest
  • Arresting agency
  • Charges filed at time of arrest
  • Booking number
  • Mugshot/booking photograph
  • Bond and bail information
  • Custody status
  • Basic demographic information (age, physical description)

Limitations on Public Access:

  • Juvenile arrest records are restricted or sealed under Florida law
  • Expunged arrest records are removed from public access following a court order
  • Sealed records are subject to court-ordered confidentiality
  • Active investigation information may be withheld to protect the integrity of ongoing law enforcement activity
  • Undercover officer identities are exempt from disclosure
  • Confidential informant information is protected
  • Victim identifying information is restricted in certain case types
  • Participants in witness protection programs are exempt from disclosure

Constitutional and Legal Basis:

Article I, Section 24 of the Florida Constitution guarantees every person the right of access to public records. This provision reflects the balance between government transparency and individual privacy. The First Amendment to the U.S. Constitution further supports press access to arrest information as a matter of public concern. Due process considerations inform the distinction between an arrest record and a record of conviction, as an arrest does not constitute a finding of guilt.

Who Can Access Arrest Records:

  • General public
  • Media organizations
  • Employers, subject to restrictions under the Fair Credit Reporting Act (FCRA)
  • Landlords, subject to applicable restrictions
  • Licensing agencies
  • Background check companies
  • Attorneys and legal professionals
  • Academic researchers

Restrictions on Use:

The Fair Credit Reporting Act (FCRA) governs the use of arrest records in employment and housing decisions. Employers and landlords using consumer reporting agencies must comply with FCRA requirements, including adverse action procedures. Florida does not currently have a statewide "ban the box" law applicable to private employers, though certain local ordinances may apply. A critical distinction exists between an arrest record and a conviction record; an arrest without a resulting conviction carries no legal finding of guilt and must be treated accordingly in employment and housing contexts.

What's in Polk County Arrest Records

Personal Identification Information:

  • Full legal name
  • Aliases or "also known as" names
  • Date of birth
  • Age at time of arrest
  • Sex/gender
  • Race/ethnicity
  • Height and weight
  • Eye color and hair color
  • Identifying marks such as scars and tattoos
  • Address at time of arrest (may be partially redacted)

Arrest Details:

  • Arrest date and time
  • Location of arrest (street address or general area)
  • Arresting agency (Sheriff's Office, Police Department, Florida Highway Patrol, or other)
  • Arresting officer name and badge number (in some records)
  • Booking date and time
  • Booking number or arrest number
  • Warrant information, if applicable

Charges Information:

  • Specific criminal charges
  • Florida statute numbers violated
  • Charge descriptions
  • Classification (felony degree or misdemeanor class)
  • Number of counts for each charge
  • Domestic violence designation, if applicable
  • Gang-related designation, if applicable

Booking Information:

  • Booking facility name and location
  • Intake process timestamp
  • Booking photograph (mugshot)
  • Fingerprints are collected during booking but are not included in standard public records
  • Personal property inventory

Custody and Bond Information:

  • Current custody status (in custody, released, or bonded out)
  • Bond amount set by the court
  • Bond type:
    • Cash bond
    • Surety bond
    • Personal recognizance (PR bond)
    • No bond
  • Bail bondsman information, if applicable
  • Release date and time, if released
  • Release conditions, if made public

Court Information:

  • Court case number assigned
  • Court jurisdiction
  • Scheduled arraignment date
  • Court location
  • Judge assignment, if available

Prior Arrest History (may be included):

  • Previous arrests within Polk County
  • Previous booking numbers
  • Historical charges
  • Prior arrest history is not always included in a current arrest record

What's Typically NOT in Public Arrest Records:

  • Detailed narrative of the arrest (police report details)
  • Witness statements
  • Victim information
  • Evidence collected
  • Investigative techniques
  • Medical information
  • Mental health status
  • Substance abuse information
  • Full residential address or personal phone number
  • Social Security number (redacted)
  • Bank account or financial information

Difference Between Arrest Records and Related Documents:

  • Police reports: Contain more detailed incident narratives and are subject to separate public records request procedures
  • Court records: Document legal proceedings that occur after an arrest
  • Criminal records: Reflect convictions and sentences imposed by a court
  • Background checks: Represent comprehensive screening compiled from multiple sources

How Much Does It Cost to Get Arrest Records in Polk County?

Members of the public may inspect arrest records at no charge during regular business hours at the relevant agency. Fees apply when copies are requested. The following fee structure reflects current standard rates applicable to Polk County agencies under § 119.07(4), Florida Statutes:

Record TypeFee
Uncertified copy (one-sided page)$0.15 per page
Uncertified copy (two-sided page)$0.20 per page
Certified copy (Clerk of Court)$1.00 per page
FDLE criminal history check (public)$24.00 per request
Extensive use fee (staff time)Actual cost of labor
  • Inspection fees: No fee is charged for in-person inspection of public records
  • Copy fees: $0.15 per one-sided page and $0.20 per two-sided page for standard copies
  • Certification fees: $1.00 per page for certified copies issued by the Clerk of Courts
  • Electronic format fees: Agencies may charge the actual cost of duplication for records provided in electronic format
  • Search fees: Agencies may charge for extensive use of information technology resources or staff time when a request requires more than 15 minutes of staff effort

Accepted payment methods at the Sheriff's Office and Clerk of Courts include cash, check, and money order. Some agencies accept credit or debit card payments; requestors should confirm accepted methods prior to submitting payment.

Fee Waivers:

Florida law does not provide a blanket fee waiver for public records requests. However, agencies retain discretion to waive fees in cases where the request serves a clear public benefit and the cost of collection would exceed the amount owed.

What Is Available at No Cost:

  • Online inmate roster searches through the Sheriff's Office website
  • Online case searches through the Clerk of Courts portal
  • In-person inspection of records at agency offices

How To Delete Arrest Records in Polk County

Florida law provides two primary legal mechanisms for removing or restricting public access to arrest records: expungement and sealing. Expungement results in the physical destruction of the record by the arresting agency and the removal of the record from the FDLE repository. Sealing restricts public access to the record but does not result in physical destruction; the record remains accessible to certain government agencies and licensing boards.

Eligibility for Expungement or Sealing:

Under § 943.0585 and § 943.059, Florida Statutes, a person may petition for expungement or sealing of an arrest record if:

  • The arrest did not result in a conviction
  • The charges were dismissed, nolle prossed, or the person was acquitted
  • The person has not previously had a record expunged or sealed in Florida
  • The offense is not among those statutorily ineligible for expungement or sealing (such as certain violent felonies, sexual offenses, and domestic violence offenses)

Steps to Expunge or Seal an Arrest Record in Polk County:

  1. Obtain a Certificate of Eligibility from the Florida Department of Law Enforcement by submitting an application and the required $75.00 processing fee through the FDLE expungement portal
  2. File a Petition to Expunge or Seal with the Polk County Clerk of Courts, along with the Certificate of Eligibility, a sworn statement, and the applicable filing fee
  3. Serve the petition on the State Attorney's Office for the Tenth Judicial Circuit
  4. Attend a court hearing if the State Attorney objects to the petition
  5. If the court grants the petition, the order is forwarded to all relevant agencies for compliance

Relevant Contacts:

Florida Department of Law Enforcement – Expungement Unit 2331 Phillips Rd Tallahassee, FL 32308 Phone: (850) 410-8109 Florida Department of Law Enforcement

Polk County Clerk of Courts – Criminal Division 255 N Broadway Ave Bartow, FL 33830 Phone: (863) 534-4000 Polk County Clerk of Courts

State Attorney's Office – Tenth Judicial Circuit 255 N Broadway Ave, Suite 3 Bartow, FL 33830 Phone: (863) 534-4800 State Attorney's Office, Tenth Judicial Circuit

Public Defender's Office – Tenth Judicial Circuit 255 N Broadway Ave Bartow, FL 33830 Phone: (863) 534-4200 Public Defender's Office, Tenth Judicial Circuit

What Happens After Arrest in Polk County?

Immediate Post-Arrest Process:

1. Transport to Jail

Following an arrest, the individual is transported to the Polk County Jail, operated by the Polk County Sheriff's Office. The primary detention facility is located at:

Polk County Jail 1891 Jim Keene Blvd Winter Haven, FL 33880 Phone: (863) 298-6400 Polk County Sheriff's Office

Transport time varies based on the location of the arrest within the county. The individual remains in restraints during transport and may be held briefly at the scene if investigation activities require completion prior to departure.

2. Booking Process

Upon arrival at the booking facility, the individual undergoes a structured intake process that typically takes between one and four hours depending on facility volume. The booking process includes:

  • Recording of personal identification information
  • Advisement of Miranda rights, if not previously administered
  • Booking photograph (mugshot)
  • Collection of fingerprints
  • Criminal history and outstanding warrants check
  • Inventory and storage of personal property
  • Exchange of personal clothing for jail-issued clothing
  • Medical screening
  • Brief mental health screening
  • Housing classification determination

3. First Appearance/Initial Hearing

Under Florida law, an arrested individual must be brought before a judge for a first appearance hearing within 24 hours of arrest. The first appearance serves the following purposes:

  • Formal notification of charges
  • Appointment of a public defender for individuals who qualify based on financial need
  • Determination of bond or bail
  • Advisement of constitutional rights

First appearance hearings in Polk County are conducted via video conference from the jail facility. The court schedule is available through the Polk County Clerk of Courts.

Bond/Bail Process:

Types of Bond:

Cash Bond:

  • The full bond amount must be paid in cash
  • The amount is refunded upon conclusion of the case, minus applicable fees
  • Amount is set by the presiding judge or magistrate at first appearance, or by a bond schedule for certain offenses

Surety Bond:

  • A licensed bail bondsman posts the full bond amount on behalf of the defendant
  • The defendant pays a non-refundable premium, typically 10% of the total bond amount
  • The bondsman assumes financial responsibility for the defendant's court appearances

Personal Recognizance (PR Bond):

  • The defendant is released on a written promise to appear at all court dates
  • No monetary payment is required
  • Eligibility is based on ties to the community, employment status, criminal history, nature of charges, and assessed flight risk

No Bond:

  • The defendant is held without the possibility of bond
  • Applicable in cases involving serious violent offenses, demonstrated flight risk, danger to the community, violation of probation or parole, immigration holds, or out-of-state warrants

Conditions of Release:

Conditions imposed at the time of release may include:

  • Regular check-in requirements with pretrial services
  • Travel restrictions
  • No-contact orders
  • Mandatory drug or alcohol testing
  • GPS monitoring
  • Pretrial supervision

4. Release or Continued Detention

If Bond Is Posted:

  • Processing and release typically takes between one and eight hours
  • Personal property is returned upon release
  • The defendant receives a written notice of court dates
  • Written conditions of release are provided
  • Failure to appear at any court date results in bond forfeiture and issuance of a warrant

If Bond Is Not Posted:

  • The defendant remains in custody pending case resolution
  • A housing assignment is made within the facility
  • Inmate orientation is conducted
  • Commissary account setup, phone privileges, and visitation schedules are explained

Accessing Legal Representation:

Public Defender:

Individuals who cannot afford private counsel are entitled to representation by the Public Defender's Office for the Tenth Judicial Circuit. Eligibility is determined based on income at the first appearance hearing.

Public Defender's Office – Tenth Judicial Circuit 255 N Broadway Ave Bartow, FL 33830 Phone: (863) 534-4200 Public Defender's Office, Tenth Judicial Circuit

Private Attorney:

Defendants retain the right to hire private counsel at any stage of the proceedings. The Florida Bar Lawyer Referral Service provides referrals to licensed attorneys. Private attorneys may visit clients at the Polk County Jail for confidential consultations.

Charging Decision:

Prosecutor's Review:

The State Attorney's Office for the Tenth Judicial Circuit reviews each arrest and determines whether to proceed with formal charges. This review typically occurs within days to a few weeks of the arrest. The State Attorney may:

  • File formal charges by Information
  • Request additional investigation before making a charging decision
  • Decline to prosecute (nolle prosequi)
  • File different or additional charges based on the evidence

Grand Jury:

For certain serious felony offenses, a grand jury may be convened to determine whether probable cause exists to proceed with an indictment. Defense counsel is not present during grand jury proceedings.

Arraignment:

At arraignment, the defendant is formally advised of the charges and enters an initial plea. Most defendants enter a not guilty plea at arraignment, preserving all legal options. Court dates for subsequent proceedings are set at this stage.

Court Process Overview:

Pretrial Phase:

Discovery involves the exchange of evidence between the prosecution and defense, including police reports, witness statements, physical evidence, and audio or video recordings.

Pretrial motions may include motions to suppress evidence, motions to dismiss, and motions for additional discovery. Hearings are scheduled as needed.

Pretrial conferences bring together the attorneys and the judge to discuss case resolution, plea negotiations, and trial readiness.

Plea negotiations may result in an offer from the State Attorney for reduced charges or a recommended sentence. The defendant retains the right to accept or reject any plea offer.

Case Resolution Options:

Dismissal: Charges may be dropped due to insufficient evidence, witness unavailability, or legal deficiencies. A dismissal may make the defendant eligible to petition for expungement.

Diversion Programs: Eligible defendants may participate in pretrial intervention, drug court, mental health court, or veterans court. Successful completion of a diversion program results in dismissal of charges.

Plea Agreement: The defendant accepts a guilty or no contest plea to agreed-upon charges, and a sentencing hearing is scheduled.

Trial: The defendant exercises the right to a jury trial or bench trial. The prosecution presents its case, followed by the defense. A verdict of guilty or not guilty is returned. If guilty, a sentencing hearing is scheduled.

Sentencing (if convicted):

The judge imposes a sentence that may include:

  • Prison or jail time
  • Probation
  • Fines and court costs
  • Restitution to victims
  • Community service
  • Mandatory drug or alcohol treatment
  • A combination of the above

Credit for time served in pretrial detention is applied to any custodial sentence. The defendant is advised of appeal rights at sentencing.

Timeline Overview:

  • Arrest to first appearance: Within 24 hours
  • First appearance to arraignment: Days to several weeks
  • Arraignment to trial or resolution: Several months, varying widely by case complexity
  • Misdemeanor cases: Resolved within weeks to a few months in most instances
  • Felony cases: May take six months to over a year depending on complexity
  • Right to speedy trial: Florida law provides a 90-day speedy trial period for misdemeanors and 175 days for felonies

Rights Throughout the Process:

  • Right to remain silent
  • Right to an attorney
  • Right to a speedy trial
  • Right to confront witnesses
  • Right to present a defense
  • Right against self-incrimination
  • Right to appeal a conviction

Important Contacts:

Polk County Sheriff's Office (Jail) 1891 Jim Keene Blvd Winter Haven, FL 33880 Phone: (863) 298-6200 Inmate information: (863) 298-6400 Polk County Sheriff's Office

Polk County Clerk of Courts 255 N Broadway Ave Bartow, FL 33830 Phone: (863) 534-4000 Polk County Clerk of Courts

State Attorney's Office – Tenth Judicial Circuit 255 N Broadway Ave, Suite 3 Bartow, FL 33830 Phone: (863) 534-4800 State Attorney's Office, Tenth Judicial Circuit

Public Defender's Office – Tenth Judicial Circuit 255 N Broadway Ave Bartow, FL 33830 Phone: (863) 534-4200 Public Defender's Office, Tenth Judicial Circuit

Pretrial Services – Polk County 255 N Broadway Ave Bartow, FL 33830 Phone: (863) 534-4000 Polk County Clerk of Courts

What to Do If You're Arrested:

  1. Remain calm and cooperative with law enforcement
  2. Do not physically resist arrest
  3. Politely exercise the right to remain silent
  4. Request an attorney immediately and do not answer questions until counsel is present
  5. Do not discuss the case with anyone other than your attorney
  6. Contact family or friends to assist with bail if needed
  7. Attend all scheduled court dates without exception
  8. Comply with all conditions of bond or release

How Long Are Arrest Records Kept in Polk County?

Records Retention Overview:

Retention of arrest records in Polk County is governed by Florida law and the policies of the relevant custodial agencies. The Florida Department of State General Records Schedule GS2 for Law Enforcement, Correctional Facilities, and District Medical Examiners establishes minimum retention periods for law enforcement records. Individual agencies may retain records for longer periods at their discretion.

Arrest Records Retention by Type:

Active Arrest Records (Conviction Resulted):

Felony Convictions:

  • Retention: Permanent
  • Maintained indefinitely by the Sheriff's Office, Police Department, Clerk of Courts, FDLE state criminal history repository, and the FBI

Misdemeanor Convictions:

  • Retention: Permanent at the state repository and Clerk of Courts
  • Local law enforcement: Minimum of five years, with many agencies retaining records permanently in electronic systems

Arrest Records (No Conviction):

Dismissed Charges:

  • Local law enforcement: Minimum of three to five years
  • Court records: Retained until the case is closed, then subject to applicable retention schedules
  • State repository: Retained unless expunged by court order
  • Records may remain in all databases unless the subject successfully petitions for expungement

Acquittals (Not Guilty):

  • Local law enforcement: Minimum of three to five years
  • Court records: Often retained permanently in electronic systems
  • State repository: Retained unless expunged
  • Eligible for expungement petition under Florida law

Charges Not Filed:

  • Booking records: Minimum of three years at the local level
  • Local arrest logs: Minimum of three years
  • May be eligible for expungement petition

No-Information (Prosecutor Declined to Prosecute):

  • Law enforcement: Minimum of three years
  • Often eligible for expungement petition

Digital vs. Physical Records:

Physical Records:

  • Booking paperwork: Minimum retention of three to five years
  • Fingerprint cards: Retained permanently or transferred to digital format
  • Photographs: Retained for the duration of the applicable retention period
  • Physical evidence: Retention varies based on case outcome and offense classification

Digital Records:

  • Computer-aided dispatch (CAD) records: Minimum of three years
  • Records management systems: Often retained permanently
  • Mugshot databases: Retention varies by agency policy
  • Court electronic records: Often retained permanently

Third-Party Databases:

  • Commercial background check companies and third-party websites may retain arrest records indefinitely
  • These entities are not controlled by law enforcement and may not update records following expungement
  • The FCRA requires consumer reporting agencies to maintain accurate and current information

Retention by Agency:

Sheriff's Office:

  • Booking records: Minimum of three years; electronic records often retained permanently
  • Arrest reports: Minimum of five years
  • Investigative files: Varies by offense classification; felony investigations retained permanently
  • Contact: (863) 298-6200

Police Departments:

  • Arrest records: Minimum of three to five years; electronic records often retained permanently
  • Incident reports: Minimum of three years
  • Retention periods may vary between the Lakeland Police Department and Winter Haven Police Department

Clerk of Court:

  • Felony case files: Permanent retention
  • Misdemeanor case files: Minimum of five years following case closure
  • Traffic cases: Minimum of five years
  • Electronic records: Often retained permanently

State Repository:

  • The Florida Department of Law Enforcement maintains the state criminal history repository
  • Retention policy: Permanent for all arrests submitted to the repository, unless expunged by court order
  • Includes arrests from all law enforcement jurisdictions throughout Florida

FBI Database:

  • The National Crime Information Center (NCIC) and the Interstate Identification Index (III) maintain federal records
  • Federal retention: Typically permanent
  • Accessible to law enforcement agencies nationwide
  • Used for employment background checks, firearms purchases, and other federally regulated purposes

Effect of Disposition on Retention:

Conviction:

  • Permanent retention in all major databases
  • Constitutes part of the individual's permanent criminal history
  • Appears on background checks indefinitely

Dismissal:

  • May remain in all databases unless expunged
  • Dismissed charges are not reported as convictions on background checks
  • Local retention varies by agency

Expungement:

  • Results in physical destruction or sealing of local records
  • FDLE updates the state repository to reflect the expungement
  • The FBI database may retain a notation of the record accessible only to law enforcement
  • Timeframe for removal from all systems: Typically 60 to 90 days following issuance of the court order

No Charges Filed:

  • Subject to the shortest retention periods
  • May be purged automatically after three years at the local level
  • Eligible for expungement petition in most circumstances

Accessing Historical Arrest Records:

Recent Arrests (Within the Last Five Years):

  • Available online through the Sheriff's Office inmate search and Clerk of Courts case portal
  • Updated on a real-time or daily basis

Older Arrests (Five to Twenty Years Ago):

  • May require an in-person public records request
  • Some records may be stored in archives or off-site storage
  • A retrieval fee may apply
  • Processing time may be longer than for current records

Very Old Arrests (More Than Twenty Years Ago):

  • Records may not be digitized
  • Paper records may be held in archival storage
  • Some records may have been destroyed in accordance with the applicable retention schedule
  • Contact the Records Division at (863) 298-6200 for information on specific records

Destruction of Records:

Authorized Destruction:

  • Destruction is authorized after the applicable retention period expires
  • Court-ordered expungement authorizes immediate destruction of designated records
  • Destruction is carried out in accordance with the Florida Department of State records retention schedule
  • Documentation of destruction is maintained by the agency

Records That Cannot Be Destroyed:

  • Permanent retention is required for felony convictions, serious violent offenses, sexual offenses, and cases with ongoing appeals or post-conviction proceedings

Public Access to Old Records:

  • Older records may not be available through online search tools
  • In-person inspection at the relevant agency may be required
  • Some very old records are permanently archived and accessible only through formal request
  • Historical research access follows the same public records request procedures as routine searches

Impact on Background Checks:

Standard Background Check Period:

  • Most employment background checks cover seven years of history under the FCRA for positions paying under $75,000 annually
  • Convictions may be reported indefinitely regardless of the seven-year period
  • Florida does not currently impose additional restrictions on the reporting period beyond federal FCRA requirements

"Ban the Box" and Fair Chance Laws:

  • Florida does not currently have a statewide ban-the-box law applicable to private employers
  • Certain local ordinances within Polk County municipalities may impose additional restrictions
  • Arrests without resulting convictions must be distinguished from convictions in employment and housing decisions

Important Notes:

  • Expungement does not guarantee removal from all third-party databases or commercial background check services
  • Law enforcement agencies retain access to sealed and expunged records for specified purposes under Florida law
  • Immigration records are maintained separately and are subject to different federal retention rules
  • Juvenile arrest records are subject to distinct retention and access rules under Florida law

How to Check Retention Status:

  • Contact the Polk County Sheriff's Office Records Division at (863) 298-6200
  • Submit a written public records request specifying the arrest date and subject information
  • Fees may apply for copies of records provided in response to the request