Florida Criminal Record
You have a criminal record if you have ever been arrested or convicted of a crime. This is the same even if charges were dismissed, adjudication was withheld, or you were found not guilty. Knowing this, you are probably wondering:
- What is a Criminal Record?
- Who Maintains Criminal Records?
- Who Can Access my Criminal Record?
- How Can I Clear my Criminal Record?
What is a Criminal Record?
Your criminal record is the electronic documentation of any field interviews, arrests, or criminal court cases you have had, regardless of how the cases were resolved.
In Florida, this information is electronically aggregated together and referred to as your computerized criminal history.
Who Maintains Criminal Records?
Criminal justice agencies maintain your criminal history at the national, state, and local level and do not necessarily share their information with each other.
National Criminal History
The FBI maintains the National Crime Information Center database. The NCIC is a computerized index of all national and state level criminal records, warrants, stolen property, and missing person reports.
Florida Criminal History
The Florida Department of Law Enforcement (FDLE) maintains the Florida Computerized Criminal History Central Repository database (CCH) and the Florida Crime Information Center database.
The CCH database consists of all of a person's arrests in Florida and the final disposition; whether it is by dismissal, plea, or trial.
The Florida Crime Information Center database consists of any warrants or domestic violence injunctions a person may have.
Local Criminal History
Local criminal history primarily consists of any documented contact you have had with a specific law enforcement agency's jurisdiction. This would include if they did a field interview with you, but did not arrest you.
Even though local law enforcement may maintain internal records of field interviews or other non-arrest contact, they generally do not forward this information to other law enforcement agencies or the Florida Department of Law Enforcement unless a specific request is made.
Who Can Access my Criminal Record?
National Criminal History Access
A national criminal history check through NCIC is not available to the public at large and access is primarily limited to law enforcement, certain governmental agencies, and entities that have government contracts.
Florida Criminal History Check
A Florida criminal history check through CCH is available to the public at large through FDLE and includes all arrests and court dispositions, even if adjudication was withhold.
Local Criminal History Check
A local criminal history check is available to the public at large, but usually must be made in writing to the specific law enforcement agency with the information. It usually only field contact and arrest information, but sometimes will include the court disposition as well.
Clearing Your Criminal Record
Florida law allows you to have your Florida criminal record cleared by either:
A sealed record is disseminated to certain state and law enforcement agencies, but is not provided to a private employer.
An expunged record is physically destroyed and a background check will show a clean record.
Sealing Requirements
You may be eligible to have your criminal record sealed if:
- You plead guilty or no contest, and
- received a withhold of adjudication, and
- You have never been adjudicated guilty of any other crime.
When a record is sealed, courts and law enforcement agencies are prohibited from acknowledging their existence or divulging their contents to the public.
Expungement
You may be eligible to have your criminal record expunged if:
- Charges were dismissed and
- You have never been adjudicated guilty of any other crime.
When a record is expunged, courts and law enforcement agencies physically destroy any records related to your arrest. This makes it impossible for them to be re-opened or accidentally divulged. However, one copy is confidentially maintained by the Florida Department of Law Enforcement forever.
Executive Clemency: Civil Rights Restoration and Pardons
If you are ineligible to have your record sealed or expunged you have you may want to consider pursuing executive clemency, which encompasses both civil rights restoration and the pardon process.
While I do not handle executive clemency matters, I do provide information on the process and the contact information for an attorney who can be retained to handle the process. Click here if you would like more information.
Contact Orlando Expungement Lawyer
Orlando expungement lawyer Richard Hornsby has the ability to help you achieve your goal of clearing your criminal record. So contact Orlando Expungement Lawyer Richard Hornsby to start the process of clearing your criminal record.
