Florida Criminal Records

Are criminal records public in Florida?

In Florida, all criminal records for legal adults are made public. This is because of the “Public Records Law”, which states that all records that a government entity possesses must be made available to the public. The only exceptions to this are when the criminal record is sealed or expunged, or the Florida Legislature exempts it. These records contain the history of charges, convictions, and arrests.

How do I obtain my criminal record in Florida?

Criminal records in Florida can be obtained by making an online request at the Florida Department of Law Enforcement. The FDLE maintains criminal history information and can provide it for a fee. To obtain records more quickly, however, an online search from a criminal record database website will provide a criminal record and more, which is provided on this website and others.

Do I need a lawyer to expunge my record in Florida?

It is highly recommended to get a lawyer to help with the expungement process in Florida. Doing this will save time and stress from trying to represent yourself during the expungement process, which can sometimes take over a year. Additionally, making a small error will result in having to restart the process, so it’s a lot safer and generally worth the extra money to get a lawyer. It is impossible to remove a criminal record for free, even without a lawyer. There will be the document filing fees, legal fees, court fees, and if you hire a lawyer then that will add to the total cost. It is possible to go through the expungement process without a lawyer, as there are multiple resources online that will help with the process.

How long does expungement take in Florida?

Getting a criminal record expunged or sealed in Florida will take about 8 to 14 months. There are multiple steps for the expungement process, which involve:

Getting a Certificate of Eligibility

Acquiring a fingerprint cared

Paying the FDLE

Getting a copy of the final disposition

Notice of Hearing

Filing the petition to expunge

Order to expunge

Affidavit

Getting the certificate of eligibility

The fee to the Clerk of the Circuit Court

What counts as a midemeanor in Florida?

In Florida, there are two different types of misdemeanors. First degree misdemeanors, the more severe kind, have consequences of up to a $1000 fine and a year in jail. Second-degree misdemeanors have a smaller punishment of up to 2 months in jail and a $500 fine. Here are some examples of misdemeanors in Florida:

Battery

Petty theft

Giving alcohol to a minor

Disorderly Conduct

Domestic Violence

Driving with a suspended license

Driving under the influence

Shoplifting

What crimes are felonies in Florida?

There are five different types of felonies in Florida: 1st, 2nd, 3rd degree, capital felonies, and life felonies. 1st-degree felonies result in up to a fine of $10,000 and 30 years in prison. 2nd-degree felonies have up to a 15-year prison sentence and a fine of $10,000 or less. 3rd-degree felonies are the least severe type of felony, and can only be punished up to 5 years in prison and/or a fine of up to $5000. Capital felonies, the worst kind of crime in Florida, lead to either a life sentence or death. Life felonies can lead to a life sentence and a fine of no more than $15,000. These are some examples of felonies in Florida:

Incest

Stalking

Grand Theft

Burglary

Child Abuse

Resist of an officer

Murder

Can a sex offender get off the registry in Florida?

In Florida, getting off the sex offender registry can be very difficult. Florida has some of the most strict sex offender laws in the country. All sex offender registry information is public, and being registered is for life, unless a removal request is successful. Registration is also automatic if you plead guilty to certain crimes. You can be eligible to request removal for only a few scenarios. For these scenarios, it is highly recommended to get an attorney. Younger sex offenders may be eligible for removal under these circumstances: if they were no more than 4 years older than the victim, the victim was between ages 13 and 17, the victim gave consent, and the conviction was for either Computer Pornography, Sexual Performance by a Child, Sexual Battery, or Lewd Conduct.

Removal from the registry can be requested if the conviction was overturned by the court. An appeal of the conviction or a motion for post-conviction relief can lead to the conviction being overturned. Requesting removal from the sex offender registry is possible after 25 years. For this to happen, the entire sentence must have been completed, including probation. Additionally, certain convictions aren’t eligible for this, such as rape and kidnapping. A felony or misdemeanor must not have been committed since release as well.

Miami-Dade criminal records

The Miami-Dade Court has the Circuit Criminal and the County Criminal. Circuit Criminal deals with felonies, and County deals with all misdemeanors. To find a criminal record, you can request the Police Public Records center or schedule an in-person appointment. The Court can assist in expungement and sealing of a record.