Florida Criminal Records

Florida Criminal Records are official records of crimes committed by people in the state. The information gathered comes from several county and state offices, law enforcement agencies, databases, courts, and correctional facilities.

The Florida Department of Law Enforcement (FDLE) primarily keeps criminal records in the state. And under Florida's Sunshine Laws, the public can view criminal records unless legislation or court order limits.

Anyone who gets a copy of someone's criminal record in Florida will see the following:

• The subject's personal information (full name and alias, sex, birth date, nationality)
• A mugshot
• Fingerprints
• Unique physical characteristics
• Felony or misdemeanor offenses
• Arrest history, convictions, charges, and pending dispositions

Florida keeps two types of criminal records, and these are:

Non-Judicial Records

Non-judicial records are federal, state, and municipal government records. They include records like field interview reports and unproven complaints. These records have arrest records, reports of incidents, and mug shots.

Judicial Records

The Clerk of Court keeps judicial records on files that have been arrested and formally charged with a crime. They include, among other things, affidavits of charges, warrants for arrest, formal charges, court opinions, and court minutes.

Specifically, if you are guilty of a crime, you will have a record of the following offenses:

Felonies

In Florida, a felony record is either under:

Capital Felonies

Capital felonies are punishable by the death sentence or life in prison without the possibility of release. First-degree murder is a capital felony.

Life Felonies

Life felonies can get you life in prison and a fine of up to $15,000. Life felonies include:

• Kidnapping a child under 13 years old
• Committing a sex crime
• Buying or selling a child for use in human trafficking
• Committing sexual battery on a child under 12 years old that causes serious injuries

First-Degree Felonies

In Florida, people who commit felonies of the first degree can usually get up to 30 years imprisonment and up to a $10,000 fine. The most common first-degree felonies in Florida are:

• Aggravated battery on a law enforcement officer
• Carjacking
• Burglary with assault

Second-Degree Felonies

A second-degree felony can get you 15 years in jail and a $10,000 fine. Some of the violations under this class are:

• Extortion
• Vehicular murder
• Felon in firearm possession

Third-Degree Felonies

Third-degree felonies are the least severe felonies in Florida, with a maximum jail sentence of five years and a maximum fine of $5,000. Examples include:

• Severe stalking
• Car or weapon theft
• Armed trespass

In Florida, a felony offense stays on your record for life unless you successfully request to have it sealed or expunged.

Misdemeanors

Like many other states, Florida separates misdemeanors from felonies. State misdemeanors are less severe crimes punishable by up to a year in prison.

Misdemeanor records in Florida have two degrees, and these are:

First-Degree Misdemeanors

Misdemeanors of the first degree can get you up to a year in jail and a $1,000 fine. Examples include:

• Battery
• Breaking a restraining or protection order
• Cyberstalking

Second-Degree Misdemeanors

Second-degree misdemeanors have a maximum prison sentence of 60 days and a maximum fine of $500. Some of the examples of violations under this category are:

• Assault
• Prostitution
• Petty theft (less than $100)
• Intoxication-related disorder

Repeated misdemeanor offenders against vulnerable victims or motivated by prejudice face harsh penalties under Florida law.

How long does a misdemeanor record remain in Florida? Suppose you are guilty of a misdemeanor in Florida. In that case, the conviction will stay on your record indefinitely until you can get the offense reversed through state expungement or sealing.

Criminal Driving Violations

Florida's criminal driving violation record arises from too many points under the state's driving point system, damaging another person while driving, or failing to pay traffic penalties.

A criminal traffic offense in Florida is far more severe than a traffic ticket, resulting in a misdemeanor or felony conviction on the driver's criminal record. This violation can lead to substantially higher penalties, including license revocation, extended license suspensions, prison time, or monetary punishment.

Florida traffic crime records include, but are not limited to:

• DUI
• Reckless driving
• Driving with a revoked or suspended license
• Vehicular manslaughter or homicide
• Hit and run

How long does a traffic crime in Florida stay on the records? If you are guilty of DUI in Florida, the conviction will remain on your driving record for 75 years and your criminal record for life. Since traffic crimes in the state are either misdemeanors or felonies, expect they are permanent unless you qualify to remove them through expungement.

Sexual Offenses

In Florida, a sex offense record is a record of illegal sexual contact or actions that give the offender sexual pleasure without consent from the victim. These offenses may include the use of force or threats. Sex offense charges vary from misdemeanors to felonies, depending on the seriousness of the act.

There are several kinds of sex crimes in Florida. Here are some of the most common instances:

• Sexual battery
• Prostitution
• Indecent exposure
• Lewd and lascivious
• Child pornography
• Lewd and lascivious
• Unlawful sexual activity with minors
• Sexual misconduct
• Video voyeurism
• Human trafficking
• Luring or enticing a child

In Florida, persons convicted of a sex offense must register as sex offenders. Sexual predators and sexual offenders are the categories for those convicted of sex offenses compelled to register as sex offenders.

People think that sexual predators are the worst kind of criminals. They are those convicted of a capital, life, or first-degree felony sex offense or two or more second-degree felony sex crimes.

Unless a court ruling exempts, sexual offenders and sexual predators must keep their registration for the rest of their lives. Depending on the crime severity, offenders must complete an annual registration form twice or four times yearly.

You can search for registered sex offenders and predators in Florida by visiting the FDLE Sexual Offenders database.

In Florida, you may be able to seal or expunge your criminal record under certain circumstances.

Section 943.045 of the Florida Statutes defines the sealing of a criminal history record as "the preservation of a record in such a way that it is safe and unavailable to any individual who does not have a legal right to access the information contained therein".

Section 943.045(16) of the Florida Statutes defines the expunction of a criminal history record as the "court-ordered physical deletion of a record by any criminal justice agency" in possession of such information.

The public cannot examine your record in sealing, but most government entities still have access. On the other hand, without a court order, no one can access your criminal record in expungement.

Sealing or Expungement Eligibility

You may seal or expunge your criminal record if accused but not charged with a crime. Also, you must not already have had a criminal record sealed or expunged (even in another state) nor have a petition to seal or expunge a pending criminal record.

Florida law has a long list of crimes for which you can't get your record expunged or sealed if you are guilty of a crime. For example, if you have a conviction for a specific felony or DUI, you cannot have your record expunged or sealed. In contrast, most juvenile cases receive automatic expungement after a particular time.

The Expunge/Seal Package, available from the FDLE, has a comprehensive list of criteria and exceptions to look for these disqualifying offenses.

How to File for Expungement or Sealing in Florida?

You must first get a Certificate of Eligibility from the FDLE. Then, you may petition the court for an order to seal or expunge your record using this certificate.

Note that certificates have a 12-month expiry date. If your certificate is more than 12 months old when you submit a court petition, it's invalid, and you must reapply for a new one.

Florida Inmate Records offer personal and administrative information regarding prisoners and detainees.

The Florida Department of Corrections tracks inmate records, and it has a search tool that lets anyone look for a state prison inmate. You can use a part of the inmate's name or their DC number to search. Then, the search results will list the following information:

• Inmate's name and personal information (race, birth date, gender)
• DC number
• Release date
• The current facility they reside

If you tap on the inmate's name, you can see more information about them, such as their:

• Mugshot
• Aliases
• Previous jail terms
• Criminal activities
• Charges and sentences

Also, you can call the sheriff's office or look at their website to find out who is in jail in Florida. Most of the time, they have lists of current inmates found through various search tools.

Florida Arrest Records are the official legal documents that explain and describe a person's arrest in the state.

In Florida, an active arrest warrant is necessary to arrest an individual. It authorizes the arrest and detention/interrogation of state residents. This warrant also permits property searches and confiscations.

Following an arrest, the suspect will undergo the booking procedure. It is the official protocol for admitting a defendant into the system. After arrest, they'll go to the police station. The police will collect information such as name, birth date, and address.

People who want to see public arrest records must visit the agency that made the arrest. Most of the time, this is the local police or the sheriff's office. Sometimes, several agencies work together to make an arrest, even though they are in different areas. In such circumstances, inquiries for arrest records go to the arrestee's agency.

Most agencies that handle arrests let you get arrest records by phone or email, but it is best to go to the agency in person and ask for the documents.

Usually, the person in charge of the records will charge a small fee to cover the cost of making a copy of this record. Still, a requester can get arrest records for free if they send in a fee waiver request.

Most arrest records in Florida have the following information:

• The arrestee's name, birthdate, gender, and other personal information
• Details about the suspected violation
• Arrest location and date
• Agency, officer, and holding facility
• Case status

The FDLE provides two official criminal records: Personal Review Criminal Record and Certified Criminal Record. You can use each type for different purposes.

The person in charge of the records only lets people access criminal records electronically through FDLE's Criminal History Record Check. People who want to look for someone must give their full name and either the person's date of birth or an estimate of how old they are. Giving the race and gender of the subject also helps narrow down the search results.

You must pay $25 for instant criminal records. The person who searched can either print the results or tell the system to send them as an email attachment.

If you need official access to certified criminal records, use the SHIELD portal. The same search fees apply, but it takes a few weeks to get results this time.

Most of the time, the FDLE does not let people check criminal records for free, but people can ask the agency to waive the fee.