Arrest Records: Public or Private?

There is a saying that goes, “Sunshine is the best disinfectant.” This statement isn’t wrong, but at the same time, it’s not always right. While transparency builds trust, it can sometimes have an opposite effect, causing harm.  For instance, arrest records are generally considered public. However, state governments may sometimes opt to restrict these documents.

Building on this idea, this blog seeks to delve into the situations when arrest records are restricted and the mechanics that determine the outcome.

What Happens to Your Arrest Records?

“When facing a decision on whether to restrict or grant access to your arrest details, the state will weigh the public’s interest against your privacy before ultimately making a decision,” says criminal attorney Brian S. Leifert of Leifert & Leifert.

If the police apprehend you on a charge, they will create an arrest record, which is an entry in a database that details your arrest history. This record typically includes the date, location, nature of the offense, and booking information. It may also contain fingerprints, photographs, and other identifying details.

Here is the information in these files:

• Personal Information: Like your name, date of birth, and address
• Arrest Details: The location, date, and time when you were apprehended. Information about the arresting agency
• The charges against you
• Booking information
• Bail or Bond
• Court information
• Details about the arresting officer

As you can see, this document contains information surrounding an individual’s arrest, most of which is sensitive.

So, are the details public? Or private?

The simple answer is that it depends.

That being said, here are the different situations where the state and relevant authorities may choose to keep your arrest details private: These exceptions are typically made to protect the integrity of investigations, safeguard public safety, preserve the rights of minors, or comply with court orders sealing or expunging certain records.

Ongoing Investigations

While the law dictates that arrest records are generally considered public information, there are important exemptions that allow law enforcement to restrict access to certain details during an ongoing investigation—and these exemptions serve critical purposes. Disclosing information too early can compromise the integrity of an investigation. For example, making specific details public may alert suspects who have not yet been apprehended, giving them time to flee, tamper with witnesses, or destroy vital evidence.

Public Safety Risks

In cases where an arrest is tied to a potential threat to public safety—such as a planned mass shooting, terrorist activity, or organized crime—police may choose to withhold information from the public. Revealing too much, too soon, could cause unnecessary panic or interfere with undercover operations. It could also place officers, victims, or the general public at greater risk. Therefore, limited disclosure is often a calculated and necessary decision during high-stakes investigations.

Victim Protection

Sometimes, releasing arrest details may identify or endanger victims. Examples include cases of domestic violence, sexual assault, or human trafficking.

Juvenile Arrests

If the arrestee is a juvenile, law enforcement will keep their details private. This is done to protect their privacy and ensure their rehabilitation.

So there you have it, a rundown of the situations when the police may choose to keep details about an arrest private. As you may have inferred, this is done in the interest of the public, the victim, or the investigation.

If none of the above-mentioned situations apply, interested individuals will be granted access. For instance, your employer may ask for consent to review your arrest record, if any, as part of the background check during hiring.

Conclusion

In brief, arrest records are publicly available information. However, when the repercussions of keeping this information in the public domain are dangerous, the police will withhold it.

If you are facing arrest, you should consult with a qualified criminal defense attorney. They will ensure your rights are protected and advocate for the best outcome of your case. Remember, you are entitled to legal counsel when facing arrest.