When Arrest Data Is Sold in Bulk to Marketing Firms

August 5, 2025 Privacy

Every year, various law enforcement agencies across the United States collect, store, and share millions of arrest records. While these agencies and the federal government primarily use arrest data to track crime trends, maintain accountability, and support prosecution efforts, marketing firms and data brokers often buy much of this information in bulk.

Once police databases release arrest data, it often enters the data broker marketplace—where companies buy, sell, and trade it as a commodity. This widespread distribution of sensitive information raises important questions about privacy, fairness, and how entities outside the criminal justice system use such data. Understanding the flow and impact of arrest data is crucial in today’s data-driven world.

What Is Arrest Data?

Arrest data includes detailed information about individuals taken into custody by police. Local law enforcement agencies collect this data, compile it in state-level systems, and frequently report it to the FBI’s Crime Data Explorer through the Uniform Crime Reporting (UCR) program. The UCR program standardizes definitions and reporting practices according to federal guidelines, allowing consistent tracking of crime trends across jurisdictions.

Typically, arrest data contains:

• Personal identifiers such as name, age, and location of the arrested person
• Date and specific type of offense, covering a wide range of crimes such as aggravated assault, robbery, burglary, arson, fraud, driving under the influence (DUI), and homicide
• Arrest rates and related statistics broken down by area, time, and demographics
• Detailed information about the alleged offense, including degree, category, and law enforcement classifications

Law enforcement agencies rely on this data to respond effectively to different types of crime, allocate resources, and develop strategies to reduce criminal activity. However, since many consider arrest data public record, private companies and the general public can also access it.

How Does Arrest Data End Up With Marketing Firms?

Public records often lead arrest data into the hands of private data brokers. These brokers gather information from court websites, state databases, police reports, and other open government sources. They then aggregate and package this data into bulk datasets, which they sell to various entities such as:

• Marketing companies that tailor advertisements
• People-search websites offering background information
• Private security firms conducting risk assessments
• Other data brokers who further distribute or combine the data with other datasets

Marketing firms often combine arrest data with consumer data—such as purchase history, online behavior, and demographic details—to create highly targeted advertising profiles. This blending helps marketers understand consumer behavior patterns and deliver ads based on life events or personal circumstances inferred from arrest records.

Why Marketing Firms Want Arrest Data

Marketers use arrest data to gain insights into “life event” changes that may influence purchasing behavior or service needs. For example:

• They might target individuals arrested for DUI with advertisements for legal services, rehabilitation programs, or insurance products.
• Victims of property crime could receive marketing for home security systems or insurance policies.
• Location-based arrest trends help direct local advertising campaigns to specific neighborhoods or communities.

However, using arrest data in marketing raises concerns because it can be outdated, inaccurate, or taken out of context. Moreover, it can reinforce harmful stereotypes and biases, especially in communities that already experience higher arrest rates due to systemic disparities in policing.

Legal Landscape Surrounding Arrest Data Sales

Most states allow the sale of public arrest data as long as it complies with open records laws designed to promote transparency. However, federal and state laws impose important limits and protections:

• Fair Credit Reporting Act (FCRA): Regulates the use of arrest records in credit, housing, or employment decisions to prevent discrimination and ensure accuracy.
• California Consumer Privacy Act (CCPA): Gives California residents the right to know what personal data is collected about them and to opt out of its sale.
• Various state-specific privacy laws differ widely in scope, enforcement, and definitions of protected data.

This patchwork of laws makes it challenging for individuals to understand fully where their arrest data goes, how entities use it, and how to stop its resale or misuse.

Risks of Bulk Arrest Data Sales

Bulk sales of arrest data create several significant risks for individuals and communities:

• Privacy violations: Once sold, companies may share arrest data endlessly without the person’s knowledge or consent.
• Identity theft: Large datasets containing personal identifiers are vulnerable to cyber breaches and misuse.
• Discrimination: Employers, landlords, insurers, and others may use arrest records—even without a conviction—to make biased or unfair decisions.
• Reinforcing bias: Arrest data often reflects disparities in policing practices. When reused in marketing or risk scoring, it can worsen existing inequities and social injustices.

Who Is Most Affected by Arrest Data Sales?

Certain groups face particularly severe impacts from bulk arrest data sales:

• People with older or minor arrests that may no longer be relevant or accurate
• Minority populations are disproportionately affected by higher arrest rates due to systemic factors
• Low-income individuals and communities targeted by aggressive policing strategies
• Residents of high-crime or high-arrest-rate areas who may face stigmatization or unfair marketing

Even when charges are dropped or records are expunged, commercial databases can retain arrest data for years, continuing to affect people’s lives without their control.

Ethical Concerns Around Arrest Data Commercialization

The sale and use of arrest data raise important ethical questions:

• Should companies profit from sensitive personal information unrelated to their products or services?
• Is it fair to market to individuals based on an arrest record without knowing the case’s outcome or context?
• How can consumers give informed consent when most are unaware that companies sell and use their arrest data commercially?

Balancing transparency, accountability, and privacy remains an ongoing challenge for lawmakers, data brokers, marketing firms, and privacy advocates.

Protecting Your Arrest Data and Privacy

To reduce how much your arrest data is shared or sold, consider these steps:

• Check if your state offers record-sealing or expungement options to limit public access to your arrest records.
• Use opt-out forms from major data brokers to request the removal of your information from their databases.
• Regularly monitor people-search websites and court portals to identify where your data appears and request removal when possible.
• Review privacy settings on public databases and government websites to limit data visibility.
• Consider privacy services that specialize in identifying and removing personal data from commercial databases.

Bottom Line

Arrest data plays a critical role in tracking crime, informing public policy, and supporting law enforcement efforts. However, when marketing firms and private companies buy this data in bulk, it leaves public safety and becomes a commercial product subject to exploitation.

The current legal system has not fully caught up with the rapid movement of arrest data in the private sector. Until stronger protections and clearer definitions emerge, individuals must actively monitor and manage how entities collect, use, and share their arrest information.

By increasing awareness and advocating for improved privacy laws, we can help ensure responsible use of arrest data—balancing public safety needs with respect for individual rights and dignity.