Florida Criminal Records

Per the latest crime data, Florida has a violent crime rate of 2.59 per 1,000 residents and an overall crime rate of 18.25 per 1,000. Documents detailing these crimes and the associated arrests, criminal charges, and outcomes are collectively referred to as criminal records. These documents include, but are not limited to, arrest records, warrants, indictments, plea agreements, conviction and sentencing details, and incarceration records.

The Florida Department of Law Enforcement (FDLE) is the state's central repository for criminal history information. In addition, various other agencies and governmental bodies across the state maintain copies of criminal records. These include county sheriff's offices, municipal police departments, the Florida Department of Corrections, and the Florida State Courts System.

Are Criminal Records Public in Florida?

Per Chapter 119 of the Florida Statutes, records created and/or maintained by criminal justice agencies in Florida are considered public records and may be viewed and copied by any interested party. Notwithstanding this, exemptions are made for certain criminal records, and access to these records may be restricted to specific parties, including law enforcement officials. Examples of some of these records with restricted access include information related to active investigations, juvenile records, personal identifying information of abuse or domestic violence victims, sealed records, and expunged records.

How To Look Up Criminal Records in Florida?

The Department of Law Enforcement (FDLE) is the central repository for criminal records in Florida and provides access to this information through its Division of Criminal Justice Information Services. To this end, the department offers several options through which interested members of the public may access criminal history information and obtain copies of criminal records. These include:

• Name-based "instant searches" via the FDLE's Criminal History Information on the Internet (CCHInet) site. This will provide a list of records matching the name inputted into the search field, which may be instantly printed or obtained via email. However, records obtained via this option are not certified. There is a $24 fee per search, plus a $1 credit/card processing fee.
• Certified/Non-Certified searchers via the FDLE's SHIELD System. This is also a name-based search; however, requesters have the option of obtaining certified copies of the record. Requests are typically processed within 5 - 7 business days and the records are sent via mail. Certified/non-certified searches cost $24 each.
• ORI-based Searches. This option involves using an "Originating Agency Identifier (ORI) to request the required information. ORIs are unique identifiers assigned to criminal justice agencies that can be used to track criminal helotry information and records related to the respective agencies. Be aware that the FDLE does not provide members of the public with ORIs needed to conduct searches, and you must contact the relevant agency to obtain this number. Search fees vary by agency, and the results from the ORI-based searches are typically sent directly to the ORI-authorized recipient.

How To Search Florida Arrest Records?

Arrest records in Florida are primarily created by county sheriff's offices and municipal police departments when an individual is taken into custody. These records generally contain details related to the arrest, such as:

• The arrestee's personal information
• The date and location of the arrest
• A description of the crime(s) the arrestee is being accused of
• The arresting agency
• Booking details and local detention information

You may access Florida arrest records by contacting the sheriff's office or police department that carried out the arrest and following their specific records request procedures. This usually involves submitting a written request and paying any applicable copy fees. Some of these criminal justice agencies also offer free online access to their incident logs and recent arrest information.

How To Search Florida Warrants?

Warrants are legal documents, typically issued by judges and magistrates, which authorize criminal justice agencies in Florida to take specific actions, such as arresting a person or searching a premises. Some types of warrants that are commonly issued in the state include:

• Arrest Warrants: These allow law enforcement officials to arrest someone suspected of committing a crime.
• Search Warrants: These give law enforcement officials the authority to search a specific location for evidence of a crime.
• Failure to Appear Warrants: These are sometimes referred to as "alias" or "bench" warrants, and are issued when a person fails to appear in court as required.
• Capias Warrants: These are issued when a person who has been found guilty of an offense fails to fulfill the terms of their sentence. A "civil capias" warrant may also be issued for civil cases when one party repeatedly fails to comply with court orders.
• Extradition Warrants: These are issued in situations where a suspect is believed to have fled from one jurisdiction to another.
• Inspection Warrants: These authorize inspections of certain premises or businesses, such as those involved in public health or safety.

In Florida, once a warrant is issued, it usually remains active indefinitely until it is either executed or quashed. However, search warrants are only valid for 10 days, after which they are considered "stale".

The Florida Department of Law Enforcement offers a Public Access System that may be used to search for active warrants across the state. Several local criminal justice agencies also offer similar platforms for searching for active and/or outstanding warrants within their respective jurisdictions. Be aware that, in some cases, warrant information may be restricted to protect ongoing investigations.

Can I Obtain a Florida Criminal History Record of Another Person?

You may access another person's criminal records in Florida by running a criminal history record check through the state's Department of Law Enforcement (FDLE). You will typically be required to provide the person's name and pay a $24 fee per search (additional processing fees may apply).

Some counties also offer individual platforms that can be used to search for and obtain copies of criminal history information on other individuals. Be aware information provided by these county-level platforms is typically limited to a specific jurisdiction. You may contact the county clerk of the court for more information on this.

How To Expunge or Seal Florida Criminal Records

Under Florida law, individuals with criminal records may request to have these records sealed or expunged. When a record is sealed, it can no longer be accessed by the general public but remains accessible to government entities, while record expungement also restricts government agencies and other related entities from accessing the record. Note that expungement does not completely destroy the record, and interested government agencies may still view it with a court order.

Florida offers several pathways for sealing and expunging criminal records, which can be grouped in two main categories - "automatic sealing/expungement", where the person named on the record does not have to take any action, and "court-ordered sealing/expungement", where they must initiate the process. Be aware that certain records are statutorily deemed ineligible for sealing or expungement. These are usually records involving serious offenses, like:

• Murder
• Child abuse
• Human trafficking
• Aggravated assault
• Voyeurism
• Unlawfully discharging a firearm on school property

The process for sealing or expunging criminal records in Florida generally involves the following steps:

• Obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). Applications for this certificate may be generated online or obtained on request via email.
• Filing a petition with the court that handled the case associated with the criminal records. Note that you must attach the Certificate of Eligibility (and other necessary supporting documentation) to this petition.
• Attending any scheduled hearings. Note that this may not always happen, and the court holds final discretion on whether to grant or deny the petition.

What Are the Limitations to Use of Criminal Records for Employment, Licensing, and Housing in Florida?

In Florida, while employers, housing providers, and licensing boards have broad jurisdiction to consider criminal records when making decisions, several laws and regulations (both federal and state-level) impose limitations on how this information may be used. These include:

• The Fair Chance Act: this restricts federal agencies and contractors from inquiring into an applicant's criminal history until after a conditional offer of employment has been made.
• Chapter 435 of the Florida Statutes: this provides general guidelines and requirements for employment screening in the state.
• Section 112.011 of the Florida Statutes: this specifically prohibits public employers from denying employment solely based on a person's criminal record unless the crime is a felony or first-degree misdemeanor directly related to the job.
• The Fair Credit Reporting Act: this restricts consumer reporting agencies from including certain criminal records in reports after seven years.
• EEOC Guidance: This guidance, issued by the Equal Employment Opportunity Commission on the use of arrest and conviction records in employment decisions, restricts employers from making blanket hiring exclusions based on criminal records.
• HUD Guidance: This guidance, issued by the U.S. Department of Housing and Urban Development, restricts housing providers from using arrest records alone as the sole basis for housing decisions and making blanket policies that deny housing to anyone with a criminal record.

Can I Access Florida Criminal Records for Free Online?

Several private websites offer access to Florida criminal records online, either for free or for a small fee. However, the accuracy and completeness of the information on these sites can be questionable, often due to outdated or incorrect data.

To get dependable and up-to-date Florida criminal records online, it is best to either use trusted resources like the FDLE's Criminal History Information on the Internet (CCHInet) site or reputable third-party platforms like FloridaPublicRecords.us that aggregate data from official databases.