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Are Criminal Records Public in Florida? Criminal Records State of Florida
TL;DR: Yes, criminal records state of florida files are public, with limits. You can ask the arrest agency, the clerk of court, or the state for a copy. A statewide florida criminal records search goes to FDLE for a fee. A seal or expunge order closes a file.
Florida treats a rap sheet as open per Art. I, s. 24, Fla. Const. The parts next show how a florida criminal records search works and who holds each file. We also cover what the law closes and how a seal or expunge order clears a past offense.
Are criminal records public in the state of Florida?
Yes. A rap sheet is a public record unless the law closes it.
See s. 943.046, Fla. Stat., which lets a state or local agency authorize release of the file. The AG said the same in AGO 77-125. The rule is: open by default, closed only when a law closes it.
Active case work can stay closed for a time. See s. 119.071(2)(c)1., Fla. Stat., which shields active criminal case work. Once the case ends, that shield falls off.
See the page on active case files for more.
What is the difference between an arrest file, a court file, and a criminal history record?
Three files sit in three places, each one from a different clerk. A florida criminal records search for one name can touch all three.
Arrest file
The arrest agency keeps the arrest file. The file tells what the officer did and saw at the scene. Florida criminal arrest records are open per s. 119.011(3)(c), Fla. Stat.
The arrest file is not the same as a court file. The arrest file is a snap shot of what the state saw at the time. The clerk of court file comes next, with the charge and the ruling.
Court file
The clerk of court keeps the court file for each case. The clerk holds the charge sheet, the docket, and the ruling. Most clerks let you search the court file for free online.
See our page on court files in Florida.
Criminal history record
The Florida Department of Law Enforcement, or FDLE, keeps the statewide file. Per s. 943.053(3)(a), Fla. Stat., FDLE must sell the file to the public for a fee. A law enforcement agency gets it free.
FDLE's state file pulls from each county, so it is the main source for a state check. It is not the same as a federal check.
How do I run a Florida criminal records search through FDLE?
Use FDLE's own request page. The state runs a search of its own file and sends you a report. The law lets any one of us use the page, with no need to say why.
You can run your own name or a different name. FDLE sets its own fee on its page.
We link the FDLE page and do not quote a dollar count. Start at the FDLE criminal history request page.
What the FDLE file shows
The state file shows each reportable offense sent in by a Florida law enforcement agency. It can show an arrest, a charge, and the court's ruling, like a plea or a jury verdict. A felony and a misdemeanor each count as a reportable offense on the file.
The file does not show open case work. Active case work stays with the arrest agency until the case ends.
What the FDLE file does not show
The state file does not show a sealed or expunged case. It does not show a federal case brought in federal court. The state file also does not show a case from a different state, unless that state sent it in.
Can I check my own record?
Yes. The same law lets one request criminal records on his or her own name. Many do this before a job or a license.
A self-check can also help you catch a flaw. If the file shows a case the court closed, bring the court's order and ask FDLE to fix the file.
What a self-check costs
FDLE sets a fee on its page. We do not quote a dollar count, since the state can change the fee. A print copy may cost more than an online check.
What a self-check does not do
A self-check at FDLE does not clear a past offense. To clear a past offense, you file a petition for seal or expunge in court. The court decides.
What will not show up in a public criminal records florida search?
Some files stay closed by law, and a florida criminal records search will not pull them up. Three groups come up most often: seal, expunge, and federal.
Seal
See s. 943.059, Fla. Stat., which caps who may see a sealed file. Only a short list may see it, like courts and some judicial branch users. See s. 943.0595, Fla. Stat., which seals some files on its own, with no court order.
A clerk cannot say that a seal order exists (AGO 94-49). A seal order lets the state and some employers see the file, but not the public.
Expunge
See s. 943.0585, Fla. Stat., which closes an expunge file to the public. The caps are more strict than seal.
A clerk cannot say an expunge order exists too (AGO 94-49). An expunge order is often the goal for a case that was dropped or ended in a not guilty verdict.
Federal
See s. 943.053(2), Fla. Stat., which caps how a Florida agency may share federal criminal history. Federal files keep their federal shape. The public cannot see them through Florida (AGO 99-01).
To check for a federal case, use the federal PACER page or the federal court file. Federal rules set the rules of access, not Florida.
Juvenile
Juvenile criminal history is kept apart. See s. 943.053(3)(c)1., Fla. Stat., which sets the juvenile rules. A juvenile file has its own rules of release, and most of it is not open to the public.
A felony case in juvenile court is treated with more care. The public still cannot see most of a juvenile file.
What can an agency do with its own criminal history information?
A state or local law enforcement agency may give out the file it holds. The rule to authorize this is s. 943.046, Fla. Stat., with closed parts kept out. The agency may not give out what the law has sealed or expunged.
A felony or a lesser offense (a misdemeanor) each counts as one offense on the file. For an employment check, FDLE's statewide file is the main source.
How to clear a past offense: seal or expunge
One who wants to clear a past offense from the file may file a petition in court. The petition for seal or expunge goes to the court in the case county.
Who may file a petition
Not every case is open for a seal or expunge order. The rules in s. 943.059 and s. 943.0585, Fla. Stat., set the list of open cases. A felony case has more caps than a lesser offense.
What the petition asks for
The petition asks the court to seal or expunge the arrest file, the court file, and the FDLE file. The court can grant it, deny it, or set rules. The court can also seal part of the file and keep the rest open.
What a seal order does
A seal order caps who may see the file. Some state users may still see it. That list can include the court, some licensing boards, and some employers for a judicial or security role.
What an expunge order does
An expunge order goes further than seal. The state must drop the file from most sources. A clerk cannot say the file exists.
Background checks: public criminal records florida
Public criminal records florida checks come up for jobs, housing, and licenses. Each check uses a different source.
Private background checks
A private check may use a mix of state and county files. The file may be out of date, since a seal or expunge order can take time to flow through. If the file shows a case the court sealed, ask the private site to fix it.
Employer background checks
An employer may run a check for a job. State and federal rules set caps on what the employer may ask and how the file is used.
Court background checks
A court check can use the clerk of court's own file. Most clerks let you search the court file for free online. The court file is often the fastest way to spot a case.
How do I look up someone's criminal record in Florida?
To look up someone's criminal record, use the same three sources. Those are the arrest agency, the clerk of court, and FDLE. Most people start with the clerk of court for the home county, since that is often free online.
For a statewide look up, use FDLE's criminal history request page. For a federal case, use the federal court file. No one site has it all.
What a look up can show
The look up can show an open case or a closed case. It can show a case that led to a plea or a jury verdict. It may also show a dismissed charge, but a sealed or expunged file will not show up.
When to ask the court for help
If the state or a clerk will not give you a file you think is public, you have options. You can take it to court, and the court can order the agency to open the file.
See our page on what to do if a request is denied.
Sealed or expunged records: how it affects a florida criminal records search
A sealed or expunged file is one the court closed to the public. For a florida criminal records search, this is a key filter.
What a florida criminal records search will show
A florida criminal records search at FDLE will not show a case the court sealed or expunged. The clerk of court file for a sealed case will also drop out of a public search. The arrest agency file follows the court's order too.
Who can still see a sealed file
Even with a seal order, a short list of state users can still see the file. That list may include the court, FDLE for its own use, and some licensing boards. The public is not on the list.
Rules for an expunge order
An expunge order is the deeper tool. The clerk of court must drop the file from most of its own sources. See s. 943.0585, Fla. Stat., which has the rules.
A clerk cannot say that an expunge order exists (AGO 94-49).
Felony and misdemeanor on the Florida criminal records search
A felony and a misdemeanor are two main types of offense. Both can show up on a florida criminal records search, with their own rules.
Felony
A felony is a more serious offense. A felony case can show up on three sources. Those are the FDLE file, the arrest agency file, and the clerk of court file.
A felony has more caps on who may file a petition to seal or expunge.
Misdemeanor
A misdemeanor is a lesser offense. It will still show up on the FDLE file and the clerk of court file. The rules in s. 943.059 and s. 943.0585, Fla. Stat., set out when a petition is open.
Related
- Florida criminal arrest records: arrest records in Florida
- Sealed or expunged records in Florida
- Records of an active criminal investigation
- Court records in Florida
- How to request public records in Florida
Frequently asked questions
- Are criminal records public in Florida?
- Yes. A rap sheet is a public record unless the law closes it. See s. 943.046, Fla. Stat., which lets a state or local agency give out the file.
- How do I request criminal records in Florida?
- Ask FDLE for a state check. Also ask the arrest agency for the arrest file, and the clerk of court for the court file. The cite is s. 943.053(3)(a), Fla. Stat.
- Can I check my own criminal record in Florida?
- Yes. FDLE will run its own criminal history file on you for a fee per s. 943.053(3)(a), Fla. Stat.
- Are sealed records public in Florida?
- A sealed file is closed to the public. A clerk cannot say if a seal order exists (AGO 94-49). The cite is s. 943.059, Fla. Stat.
- Do federal records show up on a Florida criminal records search?
- Not through a Florida request. Federal criminal history is kept apart and the public cannot see it through Florida (AGO 99-01).
- How far back does a Florida criminal record search show offenses?
- FDLE's state file keeps a reportable offense until a court order seals or expunges it. The law can also tell the state to drop a file. Juvenile files have their own rules.
- Will a dismissed charge show up on a Florida criminal records search?
- A dismissed charge may still show up in the clerk of court file and in FDLE's file. You can petition the court to seal or expunge it per s. 943.059 or s. 943.0585, Fla. Stat.
- Is there a free website to check someone's criminal record in Florida?
- Many clerks of court let you search the court file for free online. FDLE's own statewide check has a fee. Private sites may be out of date.
- Can an employer run a Florida criminal records search?
- Yes. Many jobs use an FDLE check or a private background check. State and federal law set rules on what the employer may ask and how the file is used.
Not legal advice. Educational and informational content only. Reading this site does not create an attorney-client relationship. For advice on a specific matter, consult a licensed Florida attorney.