Are criminal records public in Florida?

Are Criminal Records Public in Florida?

When it comes to criminal records, many people wonder whether they are public or private in Florida. The answer is that criminal records are partially public in Florida, but with some exceptions. In this article, we will delve into the specifics of Florida’s criminal records law and explore what is public and what is not.

What is a Criminal Record?

A criminal record, also known as a rap sheet, is a document that contains information about an individual’s criminal history. It includes details such as the person’s name, date of birth, address, and the charges they have faced. In Florida, criminal records are maintained by the Florida Department of Law Enforcement (FDLE) and are used by law enforcement agencies, courts, and the public to access information about an individual’s criminal past.

What is Public in Florida?

Under Florida law, certain information in a criminal record is considered public and can be accessed by the general public. This includes:

• Name and Date of Birth: The name and date of birth of the individual are always public.
• Charges and Convictions: The charges and convictions are public information, including the type of crime, the date of the offense, and the sentence imposed.
• Arrest Information: The arrest information, including the date, time, and location of the arrest, is public.
• Booking Information: The booking information, including the mug shot, fingerprints, and biographical data, is public.

What is Not Public in Florida?

However, not all information in a criminal record is public. Certain information is considered confidential and can only be accessed by authorized parties, such as law enforcement agencies, courts, and government agencies. This includes:

• Juvenile Records: Records of minors (individuals under the age of 18) are confidential and can only be accessed by authorized parties.
• Sealed Records: Records that have been sealed by a court are confidential and can only be accessed by authorized parties.
• Expunged Records: Records that have been expunged (erased) are confidential and can only be accessed by authorized parties.
• Information Related to a Victim: Information related to a victim, including their name, address, and contact information, is confidential and can only be accessed by authorized parties.

How to Access Criminal Records in Florida

Criminal records in Florida can be accessed through various methods:

• FDLE Website: The FDLE website provides online access to criminal records, including a search function that allows you to search by name or identification number.
• FDLE Office: The FDLE office in Tallahassee provides in-person access to criminal records and can assist with searches and requests for information.
• Local Law Enforcement Agencies: Local law enforcement agencies can also provide access to criminal records, including arrest records and booking information.
• Courts: Courts can provide access to criminal records, including court records and trial transcripts.

Sealing and Expunging Criminal Records in Florida

In Florida, it is possible to seal or expunge a criminal record, which can help individuals with a criminal history to obtain employment, housing, and other benefits. Sealing a record means that the record is removed from public view, but the record still exists and can be accessed by authorized parties. Expunging a record means that the record is completely erased and no longer exists.

Important Points to Note

• Confidentiality: While some information in a criminal record is confidential, there are certain circumstances under which this information can be accessed, such as in a criminal investigation or court proceedings.
• Accuracy: Criminal records can contain errors, so it is essential to verify the accuracy of the information before relying on it.
• Time Limitations: Criminal records are typically maintained for a certain period, after which they are destroyed or purged.

Conclusion

In conclusion, criminal records in Florida are partially public, with certain information being accessible to the general public and other information being confidential. Understanding what is public and what is not can help individuals with a criminal history to navigate the process of accessing and correcting their records. By knowing how to access criminal records in Florida and understanding the options for sealing and expunging records, individuals can take control of their criminal history and move forward.

Table: Public vs. Confidential Information in Florida Criminal Records

Bullets List: Important Points to Note

• Confidentiality
• Accuracy
• Time Limitations