A privacy policy for criminal history records in Florida explains how the state collects, stores, shares, and protects your criminal record data. This page covers the rules set by the Florida Department of Law Enforcement (FDLE) and other state agencies.
It also explains your rights when you request a copy of your own record, when an employer runs a background check on you, or when a third party wants your arrest data. The goal of this policy is to keep your personal data safe while still allowing fair access to public records under Florida law.
What This Privacy Policy Covers
This privacy policy tells you what happens when you, an employer, or a background check company asks the FDLE for a Florida criminal history record. It covers name searches, fingerprint-based checks, certified copies, and online public searches. It also covers how FDLE handles the personal details you submit, who can view your record, and what steps the agency takes to keep that data private and accurate.
Who This Policy Applies To
Anyone who lives in Florida, works in Florida, or applies for a job, license, or volunteer role in Florida falls under this policy. It applies to people running a self-check on their own record, parents checking on a minor’s record, attorneys pulling client data, and employers running pre-employment background checks. It also applies to any third-party company that pulls Florida criminal history data on behalf of another person or business.
Laws That Control Florida Criminal History Privacy
Florida criminal history records are controlled by Chapter 943 of the Florida Statutes and the FBI’s Criminal Justice Information Services (CJIS) Security Policy. These laws decide what data FDLE can keep, who can ask for it, how long it stays in the system, and how the state must protect it from leaks or misuse. Federal laws like the Fair Credit Reporting Act (FCRA) also apply when a background check company uses this data to make hiring or lending choices.
What Personal Data FDLE Collects From You
FDLE collects only the data needed to find or confirm a criminal history record. The agency does not collect extra personal details that have nothing to do with a criminal record search. Each type of request asks for a different set of details, and FDLE limits the data it keeps based on the request type.
Basic Personal Identifiers
When you run a name-based Florida criminal history search, FDLE asks for your full legal name, date of birth, race, and gender. These details help the system match you to the right record. A Social Security number is not required for a public name search, but it can help narrow down results when common names produce multiple matches.
Fingerprint Data
For a certified FDLE criminal history record or an FBI background check, FDLE asks for your fingerprints. Your fingerprints are matched against the state and federal databases to confirm your identity. Fingerprint images are kept in the system only as long as needed for the check and are stored in a secure state database under CJIS rules.
Payment and Contact Details
When you pay the Florida criminal history record fee, FDLE collects your billing details. For mail-in requests, this may include a check or money order. For online requests through the Civil Workflow System, FDLE collects your email address and billing data through a secure payment portal. Your contact details are used only to send you the result and are not sold to outside parties.
How FDLE Uses and Stores Your Data
FDLE uses your personal data for one main purpose: to find or confirm a criminal history record. The agency does not use your data for marketing, profiling, or any other purpose outside the scope of the request. The data is stored in secure state systems that follow strict CJIS security rules.
Internal Use of Your Record
Inside FDLE, only trained staff with a valid work need can view criminal history data. Staff must pass a background check and complete CJIS security training before they can access the system. Each time a staff member pulls a record, the system logs the date, time, and reason for the search. This audit trail helps prevent misuse and keeps your data safe from internal leaks.
Sharing With Other Government Agencies
FDLE shares criminal history data with other law enforcement agencies, courts, and state licensing boards when the law allows it. For example, a court may request a defendant’s full record before sentencing. A state licensing board may check whether an applicant has any disqualifying criminal cases. Each request must meet a clear legal purpose, and the receiving agency must follow the same privacy rules FDLE follows.
Sharing With Private Background Check Companies
Private background check companies can pull public Florida criminal history records only for a permitted purpose under the FCRA. These companies act as the requester on your record. FDLE does not control how the private company uses your data after it leaves the state system. You should read the privacy policy of any background check company before you agree to a search.
Types of Florida Criminal History Searches
Florida offers a few different ways to search for criminal history records. Each search type serves a different need, and each one comes with its own privacy rules. Picking the right search type helps you get the right result and keeps your request within the law.
Name-Based Public Search
A name-based search lets you look up someone in the Florida public criminal history database using their name and date of birth. This search costs less than a fingerprint check, and you can run it online through the FDLE public search portal. The result shows arrests, charges, and dispositions that have been reported to FDLE by county courts and law enforcement agencies.
FDLE Certified Criminal History With Fingerprints
A certified criminal history record with fingerprints is the most complete type of Florida criminal record. You must visit a livescan vendor or law enforcement office to have your prints taken. The result comes on FDLE letterhead with a raised seal or digital signature. Many employers, licensing boards, and immigration offices require this certified copy because it proves the record belongs to you.
Florida Statewide Search vs County Records
A statewide search pulls data from all 67 Florida counties through the FDLE database. A county criminal history search pulls data only from one county clerk’s office or sheriff’s office. For most jobs and licenses, a statewide search is enough. Some legal cases may need a county search to confirm local court records that have not yet been reported to FDLE.
Florida Criminal History Search by Date of Birth
Searching by date of birth helps narrow down results when a name is common. The Florida criminal records search by date of birth tool uses your name, date of birth, and gender to match you to the right person. This reduces the chance of a false match and helps you get a clean, accurate result the first time.
Fees, Forms, and Fingerprint Requirements
Each type of Florida criminal history request comes with its own fee, form, and processing time. Knowing the cost and form ahead of time helps you avoid delays. The fees below reflect the standard charges set by FDLE and may change over time, so check the FDLE website for the latest numbers.
Standard Florida Criminal History Record Fee
The cost of a Florida criminal history record depends on the type of search you need. A public name search costs less than a certified fingerprint check. Additional copies or rush processing may add extra fees. The fee must be paid in full before FDLE starts your request, and the agency does not refund fees for records that already exist in the system.
| Search Type | Standard Fee | Processing Time |
|---|---|---|
| Name-based public search | Lowest fee tier | Instant to 24 hours |
| Certified record with fingerprints | Higher fee tier | 3 to 5 business days |
| Mail-in record request | Set state fee | 2 to 4 weeks |
| Additional certified copy | Per-copy fee | Same as original |
Official FDLE Forms You Will Need
For a mail-in or fingerprint request, you must fill out the official Florida criminal history record form. The form asks for your full name, date of birth, race, gender, reason for the request, and a signature under penalty of perjury. Sending a signed form is required by law, and unsigned forms are returned without processing.
How Fingerprint Checks Work in Florida
Florida uses electronic livescan fingerprinting at approved vendor locations across the state. Livescan captures your prints digitally and sends them straight to FDLE and the FBI. The old ink-and-card method is still accepted for mail-in requests, but livescan gives faster and more accurate results. The vendor charges a small fee for the fingerprint capture, and FDLE charges a separate fee for the record check.
Accepted Payment Methods
FDLE accepts credit cards, debit cards, checks, and money orders depending on how you submit your request. Online requests through the Civil Workflow System take card payments. Mail-in requests take checks or money orders made out to FDLE. Cash is not accepted for mail-in requests, and the agency does not accept payments over the phone.
Your Rights Under Florida Criminal History Privacy Rules
Florida law gives you several rights when it comes to your criminal history record. These rights let you check your own data, fix wrong details, and ask for a review when something is missing. Knowing your rights helps you keep your record clean and accurate over time.
Right to View Your Own Record
You have the right to ask for a copy of your own Florida criminal history record at any time. You can do this through a name-based search, a fingerprint check, or a mail-in record request. The record must be given to you within the time frame set by state law, and you cannot be denied because of past arrests or sealed cases.
Right to Challenge Wrong Information
If you see wrong or old data on your record, you have the right to challenge it. The Florida criminal history record challenge process lets you submit proof that a charge was dropped, dismissed, or sealed. FDLE will review your proof and update the record if the challenge is valid. The agency must respond to your challenge in writing within a set time frame.
Right to Request a Record Review
A Florida criminal history record review is a deeper look at your file. You can ask for a review if you believe a record was added by mistake, a disposition is missing, or a sealed case still shows up on your record. The review can lead to a correction, a deletion, or a referral to the court that entered the original case.
Sealing or Expungement Options
If you qualify, you can ask a Florida court to seal or expunge your record. Once a record is sealed, most employers and the public cannot see it. Once a record is expunged, it is destroyed in most cases. The court handles the sealing or expungement, and FDLE updates its database after the court order is signed.
Disposition Information and Record Accuracy
A disposition is the final outcome of a court case. It tells whether you were found guilty, the case was dismissed, or the charges were dropped. Disposition data is one of the most important parts of a criminal history record, and missing or wrong dispositions are one of the most common reasons people file challenges.
What Disposition Means on Your Record
On a Florida criminal history record, the disposition line tells you how each charge was resolved. It can show words like “guilty,” “no contest,” “dismissed,” “nolle prosequi,” or “adjudication withheld.” Each term carries a different legal weight, and employers often look at the disposition before they look at the charge itself.
How Missing Dispositions Get Added
Counties send disposition data to FDLE on a regular schedule. Some counties send updates quickly, and others take longer. If your record shows an arrest but no disposition, you can ask the clerk of court in the county where the case was heard to send the final paperwork to FDLE. You can also file a challenge with FDLE to push the update through.
How Long Records Stay in the System
Most Florida criminal history records stay in the FDLE database until you ask for them to be sealed or expunged. Records for minor offenses may qualify for automatic removal after a set number of years if no new charges are filed. Records for serious felony charges usually stay in the system for life unless a court orders them removed.
How to Request Your Florida Criminal History Record
You have three main ways to request a Florida criminal history record. You can do it online, by mail, or in person. Each method has its own steps, fees, and processing time. The right method depends on how fast you need the record and whether you need a certified copy.
Online Request Through the FDLE Civil Workflow System
The FDLE civil workflow criminal history system lets you order a record from your computer. You enter your personal details, pay the fee, and download the result when it is ready. The online system is the fastest way to get a non-certified record, and many employers accept the digital copy for pre-screening.
- Create an account on the FDLE public search portal.
- Enter your full name, date of birth, and gender.
- Pay the Florida criminal history record fee by card.
- Wait for the result in your account dashboard.
- Download or print the record for your records.
Mail-In Record Request
If you cannot use the online system, you can mail your request to FDLE. You must fill out the official form, include a copy of your ID, and pay the fee by check or money order. Mail-in requests take longer than online requests, and you should add a few extra weeks if you need the record by a certain date.
In-Person Visit to a Livescan Vendor
For a certified record, you can visit a livescan vendor in your area. The vendor takes your fingerprints, sends them to FDLE, and helps you fill out the form. You can pick up the certified copy at the vendor location or have it mailed to you. This method is the best choice when an employer or court needs a stamped certified copy.
Processing Time and What to Expect
Online name-based searches usually come back the same day. Certified fingerprint checks take a few business days. Mail-in requests can take several weeks depending on FDLE’s workload. Plan ahead so you do not miss a deadline, and always keep a copy of your request and payment receipt.
Privacy Protections for Minors
Florida has extra privacy rules for minors. The goal is to keep young people from being punished for life over a mistake made before they turned 18. Parents and guardians play a key role in this process.
Records for Individuals Under 18
Juvenile criminal history records in Florida are not open to the public. Only certain agencies, courts, and law enforcement offices can see them. A parent or legal guardian can ask for a copy of a minor’s record by writing to FDLE and showing proof of the relationship. The request must meet the same rules as an adult record check.
Juvenile Record Sealing in Florida
Many juvenile records can be sealed once the minor turns 18 and meets other conditions set by Florida law. Sealing a juvenile record hides it from most employers and the public. FDLE updates the database after the court signs the sealing order, and the record no longer shows up on standard background checks.
Contact Details for the Florida Department of Law Enforcement
If you need help with a criminal history request, you can contact FDLE directly. The agency has a main office in Tallahassee and a public services team that handles record questions. You can also visit the FDLE website to check fees, forms, and processing times before you submit a request.
Florida Department of Law Enforcement
Post Office Box 1489
Tallahassee, FL 32302-1489
Phone: (850) 410-7000
Public Hours: Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Time
Website: https://www.fdle.state.fl.us
Frequently Asked Questions About Florida Criminal History Privacy
Below are answers to common questions about how the Florida criminal history privacy policy works. These answers cover record requests, fees, challenges, and the rules that control who can see your data. If your question is not here, contact FDLE directly or speak with a licensed attorney in your area.
How long does it take to get a Florida criminal history record?
Online name-based searches usually return results the same day or within 24 hours. Certified fingerprint checks take about 3 to 5 business days from the time FDLE receives your prints. Mail-in requests can take 2 to 4 weeks depending on the agency’s workload. If you need the record by a certain date, submit your request as early as possible and keep your payment receipt until the record arrives.
Can I run a Florida criminal history search on someone else?
Yes, but only for a purpose allowed by the Fair Credit Reporting Act and Florida law. Permitted purposes include employment screening, tenant screening, licensing, and volunteer work. You cannot run a search on someone for personal reasons, stalking, or any illegal purpose. Misusing criminal history data can lead to fines, lawsuits, and even criminal charges under state and federal law.
What is the difference between a public record and a certified record?
A public record is a basic criminal history check anyone can run using a name and date of birth. A certified record is an official copy on FDLE letterhead with a seal or digital signature. Employers, courts, and licensing boards often require a certified record because it proves the data came straight from FDLE. The certified record also costs more because it includes fingerprint verification.
How do I challenge wrong information on my Florida criminal record?
You can file a Florida criminal history record challenge through FDLE’s record review unit. You must submit proof that the data is wrong, such as a court order, a dismissal paper, or a sealing order. FDLE will review your challenge and update the record if the proof checks out. The agency must respond in writing within the time frame set by state law, and you can appeal if your challenge is denied.
Will a sealed or expunged record still show up on a Florida background check?
Once a record is sealed or expunged, it should not show up on a standard Florida background check. FDLE updates its database after the court signs the order, and most private companies pull their data from the same system. Some government agencies, law enforcement offices, and certain licensing boards can still see sealed records under the law. Always keep a copy of your sealing or expungement order in case a question comes up later.
Does the FDLE share my criminal history data with other states?
FDLE shares criminal history data with the FBI and other state law enforcement agencies through the National Crime Information Center (NCIC) and Interstate Identification Index (III). These systems let officers and agencies confirm your record when you apply for a job, license, or court case in another state. The data is shared only with agencies that follow the same CJIS privacy rules FDLE follows.
What should I do if my Social Security number was used for a criminal record by mistake?
If you believe your identity was used for a crime, file a report with your local police department and the Florida Department of Law Enforcement. You can also file a complaint with the Federal Trade Commission (FTC) at IdentityTheft.gov. After the report is on file, contact FDLE to challenge the wrong record and ask for a correction. Keep copies of every form and police report for your own protection.