Your Criminal Record in Florida

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YOUR CRIMINAL RECORD
In Florida
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Do You Have a Criminal Record?
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If you have been arrested for a criminal offense
in the State of Florida you have a criminal record
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You need to know what is on your record and what
options you may have to prevent a record, erase
and existing record, or limit access to the
record
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Who Has Access to Your Record?
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Accessing an adult criminal record in Florida is
very easy
Adult criminal records are considered to be
public records
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Anyone can request a record from the Florida
Department of Law Enforcement's Criminal History
Information website for 24 per search
Proper identification from the requester is the
only requirement
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What Does Your Record Include?
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Law enforcement agencies input record of an arrest
Court clerks input disposition of a case
Your record should include dates of arrest,
charges filed, and disposition
You should review your own record for errors
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Juvenile Records
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Juvenile arrest records are handled differently
than adult records
A record is created when a juvenile is arrested
but access to it is limited
Offense dictates level of access
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An arrest record for a juvenile arrested for a
felony is public information
Record of a minor who has been found by a court
to have committed three or more misdemeanors is
public record
Juvenile waived to adult court has a record that
is public
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Misdemeanor DUI
Expunging Juvenile Records
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Usually a juveniles record is expunged, or
destroyed, when the individual turns 24 except
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Usually a juveniles record is expunged, or
destroyed, when the individual turns 24 except
The record is retained until age 26 if the
offender was classified as a serious habitual
offender, was committed to a juvenile
correctional facility, or was committed to a
juvenile prison
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If an adult is charged with a forcible felony
prior to expungement of a juvenile record the
juvenile record becomes part of the adult record
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A juvenile record becomes part of an adult
record for a minor who is adjudicated as an
adult for a forcible felony
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A juvenile record becomes part of an adult
record for a juvenile who is adjudicated as a
sexual offender
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Diversion Programs
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A pre-trial diversion program can prevent a
conviction from ever going on your adult criminal
record
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First offender or someone convicted of not more
than one non-violent misdemeanor is eligible by
statute
Misdemeanors and third degree felonies are
eligible
Some second degree felonies are eligible
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Usually requires supervision for 6-12 months
May require things such as payment of
restitution, completion of community service
work, counseling, and random drug testing
Successful completion means the state will
dismiss the charges
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Sealing or Expunging a Conviction
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Expunged means destroying or erasing a record
Sealing means making the record unavailable to
the general public
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Many states allow a conviction to be sealed or
expunged Florida does NOT allow sealing or
expunging a conviction
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In Florida, a criminal conviction usually stays
on your record forever
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Sealing or Expunging an Arrest Record
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An arrest record can be sealed or expunged
Successfully sealing or expunging an arrest means
you can answer no to if you have ever been
arrested except in certain circumstances
Law enforcement agencies will still have access
to the record
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Want to Know More About
LEARN MORE ABOUT YOUR CRIMINAL RECORD IN FLORIDA
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Click to visit psffirm.com
Content provided by Best Legal Practices