Florida Criminal Court Records

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    Criminal court records are official documents that chronicle the course and outcome of a criminal case in a Florida court. A case is criminal when an individual is charged with breaking state or local criminal laws. Case records play a vital role in ensuring defendants receive a fair and public trial by providing transparency in the administration of justice.

    The openness of court records held by judicial agencies in Florida is directly promoted by Fla. Const. art. I, § 24 and Fla. R. Jud. Admin. 2.420. Court clerks are responsible for managing these records and disseminating them to requesters as needed.

    Are Criminal Court Records Public in Florida?

    Yes. Criminal court records are public in Florida under Fla. R. Jud. Admin. 2.420. These court rules, along with Fla. Const. art. I, § 24, grant the public the right to view and obtain criminal court records. However, not all documents are accessible. Several exceptions exist where access is limited or prohibited, including

    • Juvenile delinquency records
    • Information identifying domestic violence and sexual offense victims, such as their names and addresses
    • Identity of confidential informants involved in criminal cases
    • Criminal investigative information
    • Certain search warrant affidavits and sealed warrants related to criminal investigations
    • Presentence investigation reports
    • Drug court program reports
    • Clinical records for defendants found incompetent or not guilty by reason of insanity
    • Sealed criminal court records

    What Criminal Court Records Contain in Florida

    Most criminal court records are open and accessible to the public. Information commonly contained in these records includes

    • The defendant's identifiers, such as name and date of birth
    • Attorney information
    • Case information, such as court case numbers
    • Court docket entries and procedural history
    • Case filings, such as criminal complaints, indictments, and informations
    • Evidence admitted in court
    • Arrest reports
    • Warrant information
    • Judgments, sentences, and orders
    • Court hearing dates

    Individuals should note that confidential case information is not viewable by unauthorized persons.

    Florida Criminal Court Records Search

    Criminal cases are generally handled at the county level, so locating a criminal court record is usually streamlined to the particular court in the county that dealt with the case. There are several ways to obtain these records:

    • In person: Individuals can visit the clerk of court's office that maintains the record. Court staff are available to assist in locating the file and may request a case number, the defendant's details, or other identifying information. The office may charge a search fee, usually around $2 per name for a name search. Obtaining copies also incurs a fee, typically $1 per page (which may vary by county) plus a $2 certification fee per document.
    • Mail-in requests: Many Florida courts allow individuals to request criminal court records by mail instead of appearing in person. Some county clerks, such as those in Broward and Miami-Dade Counties, provide specific request forms on their websites. If a downloadable form is not available, requesters can write a letter detailing the information needed. Mail-in requests typically require a self-addressed, stamped envelope for returning the documents and may involve additional fees.
    • Online case search portals: The Florida Supreme Court and the five District Courts of Appeal provide online dockets for appellate-level criminal cases. Additionally, many Florida trial courts have publicly accessible case search portals that contain criminal court records. Searches are usually done using the defendant's name or case number. Examples include

    Free Access to Criminal Court Records in Florida

    Free access to criminal court records in Florida is available through several avenues. The most straightforward method is online access, as county court record portals can typically be used at no cost. Individuals may also request to inspect a criminal court record at the court clerk's office without a fee, provided they do not request a name search and do not need a personal copy of the record.

    However, this free access has limitations. For example, researchers cannot obtain copies of documents relating to the record. Individuals may need to get a fee waiver to receive a copy of a court record without cost.

    Sealing and Expungement of Criminal Court Records in Florida

    There are two primary ways criminal court records can be given a protected status in Florida: through a sealing order or an expunction order. A sealing order restricts public access to the case file, rendering it confidential and hidden from general public inspection.

    Expunction is a more potent remedy, as it results in the physical destruction or obliteration of the record by any criminal justice agency that holds it. However, the Florida Department of Law Enforcement (FDLE) is required to retain a confidential copy of the record even after expunction. This copy is preserved for potential use in future investigations involving similar criminal conduct by the same individual.

    How to Seal Criminal Court Records in Florida

    Sealing a criminal court record in Florida generally involves the following steps.

    • Confirming Eligibility: Before a person can have their criminal court record sealed in Florida, they must satisfy eligibility requirements under Fla. Stat. § 943.0595 (if the sealing is to be automatic) and Fla. Stat. § 943.059. An individual's criminal court record is sealed automatically without their input if the record did not arise from a forcible felony or certain serious offenses, and the individual was not found guilty. Automatic sealing does not apply when an individual was found not guilty due to insanity. For non-automatic sealing, the eligibility criteria include
      • The criminal history must not be ineligible under Fla. Stat. § 943.0584
      • The person must not currently be under court supervision for the arrest/alleged criminal activity involved
      • The person has not been found guilty of any crime or found delinquent for certain misdemeanors (unless already expunged)
      • The person has not already obtained a sealing or expungement

    The petitioner must also apply to the FDLE to obtain a Certificate of Eligibility (See Application Form). The certificate lasts 12 months, within which the petition must be filed, or a new certificate will have to be obtained.

    • Filing and Service of the Petition: The subsequent step is to file the Petition to Seal or Expunge Form in the court where the criminal case was filed. The application should be accompanied by the Certificate of Eligibility and a sworn statement confirming they meet eligibility requirements, and there are no pending similar applications. After filing the petition, the petitioner is expected to serve the petition on the state attorney/prosecutor and the arresting agency.

    Once these processes are fulfilled, the court may schedule a hearing to review, particularly if there are objections. If the petition is granted after review, the judge will issue an order that the clerk of the court will communicate to the necessary authorities, so the record becomes confidential.

    How to Expunge a Criminal Record in Florida

    Expunction in Florida is governed by Fla. Stat. § 943.0585. Under this law, an individual is eligible for expunction in the state if they

    • Were acquitted or declared not guilty of the charges in court
    • Were not adjudicated guilty of any crime in Florida
    • Are not under supervision for the case they want expunged
    • Do not have a prior sealing or expunction in the state, unless the expunction occurred under Fla. Stat. § 943.0515
    • Are not seeking expungement for a crime under Fla. Stat. § 943.0584

    The process for expunction mirrors that of sealing. Individuals must first verify their eligibility and obtain a Certificate of Eligibility from the FDLE. The petition must then be filed with the court that handled the case and served on the state attorney and the arresting agency. The court will examine the petition and grant the order if it is satisfied with the petition's merits and no objections outweigh the request for expunction.

    The cost for obtaining a Certificate of Eligibility is $75, and the filing fee for the petition is generally $42, excluding other potential court costs. However, these fees may be waived if the petitioner qualifies for and obtains a fee waiver.

    Criminal Records in Florida vs Court Records

    Criminal records and court records are distinct documents. Criminal records, commonly called criminal history records in Florida, are statewide records maintained primarily by the FDLE. They include an individual's arrest history, charges, and convictions.

    Court records are files created and maintained by Florida courts during criminal case proceedings. These records are maintained by the Clerk of the Circuit Court of each county and are case-specific-meaning they only include information relevant to a particular case and are not a comprehensive history of a person's contact with the criminal justice system, like a criminal record.

    Requesting a Florida Criminal History Record

    The FDLE's Criminal Justice Information Services (CJIS) Division is the repository for criminal history records across the state. The department is responsible for processing criminal history check requests.

    Under Fla. Stat. 943.056, only individuals or their attorney can request their criminal history record for personal review. However, the FDLE provides publicly available criminal history searches to third parties. These public searches offer limited results and do not include juvenile records or any records that have been sealed or expunged.

    How to Request a Florida State Background Check

    Individuals can obtain a personal review copy of their criminal history record by mailing the Personal Review of Florida Criminal History Record form and their completed fingerprint card to the FDLE. Fingerprints can be taken at a law enforcement or criminal justice agency. The department's mailing address is

    Florida Department of Law Enforcement

    Attn: Criminal History Record Maintenance Section

    Post Office Box 1489

    Tallahassee, FL 32302-1489

    Requesters are not charged for this request. Personal review records do not contain demographic information and are not certified records.

    Inquirers not seeking a personal review record can perform an Instant Search or a Certified/Non-certified Search. The instant search costs $24 with a $1 card processing fee. The search provides uncertified results that can be printed or mailed. The Certified/Non-certified Search takes longer. The Non-certified search takes about five business days, while the certified search takes about seven business days. The service costs $24, and the results are mailed to the requester.

    Active vs Archived Criminal Cases in Florida

    Active criminal cases in Florida are those that are currently pending and are visible on court calendars, dockets, or online portals. In contrast, archived cases are those that have been resolved or closed and have been inactive for an extended period. According to the General Records Schedule for Clerk of Courts, criminal cases are retained for 10 years after conclusion, after which they may be archived. Archived cases are usually taken to a retention facility to be preserved. For example, Miami-Dade County has two storage facilities for inactive cases managed by the Clerk of Court's Record Management Department.