Terms and conditions for criminal history searches in Florida control how people request, receive, and use records from the Florida Department of Law Enforcement (FDLE). These rules protect privacy, set fees, list who can request records, and explain what each record contains.
Anyone searching for Florida arrest records, court records, or a certified Florida criminal history record must follow the same statewide rules set by Florida law and FDLE policy.
This page covers the legal terms, the request process, costs, permitted uses, and what happens after a record is sealed or expunged. It also explains the difference between name-based and fingerprint-based checks, how disposition data gets added, and how to correct errors in a Florida rap sheet.
What a Florida Criminal History Record Is
A Florida criminal history record is a written list of arrests, charges, and final outcomes for one person. The record is kept by FDLE in a statewide database. It pulls data from county clerks of court, sheriff offices, and state law enforcement agencies. A standard record shows arrest date, charge, court case number, and the final court ruling.
The Role of FDLE
FDLE acts as the central keeper of criminal history records across Florida. The agency runs the Florida Crime Information Center (FCIC) and the National Crime Information Center (NCIC) link for the state. All Florida arrests reported by local law enforcement flow into the FDLE criminal history database. The agency also issues certified copies of records when a person needs proof of their criminal history for a job, court, or immigration case.
What a Record Contains
A full Florida criminal history report contains the subject’s full name, date of birth, race, sex, and a list of all arrest events. Each arrest event shows the arresting agency, the charge, the date, and the final disposition. Disposition information tells whether the case ended with a conviction, acquittal, dismissal, deferred adjudication, or other outcome. A record will not show sealed or expunged cases unless a court order opens them back up.
Certified Versus Uncertified Copies
FDLE offers two forms of a criminal history record. A certified copy bears a state seal and a signature from the FDLE Commissioner or designee. Courts, federal agencies, and many employers accept only the certified form. An uncertified copy is cheaper and faster. People use uncertified copies for personal review or informal checks.
Legal Rules That Govern Florida Criminal History Requests
Florida law treats criminal history records as public records under Chapter 119 of the Florida Statutes. The same chapter sets the rules for who may request them, how the request must be made, and what fees apply. FDLE adds its own administrative rules that fill in the details of the process.
Who Can Request Records
Any person may request a Florida criminal history record for themselves. Employers, volunteer organizations, licensing boards, and government agencies may also request records when the purpose fits Florida and federal law. A person requesting another person’s record must have written consent from that person, unless a specific law allows the request without consent.
FCRA Compliance Requirements
The Fair Credit Reporting Act (FCRA) is a federal law that controls how criminal records may be used for credit, employment, insurance, and housing decisions. A Florida criminal history record cannot be used as a factor in those decisions unless the user follows all FCRA rules. FCRA rules include getting written permission, telling the subject if the record leads to a negative action, and giving the subject a chance to dispute the record.
Florida Public Records Law
Chapter 119 of the Florida Statutes gives the public the right to see and copy records made or kept by public agencies. Criminal history records fall under this law. The law also lists exemptions. Active criminal intelligence data and active criminal investigative data are exempt from public view. Sealed and expunged records are exempt.
Authorized Purposes Only
A request for a Florida criminal history check must serve a legal purpose. Permitted purposes include self-checks, employment screening allowed by law, volunteer screening, licensing, immigration, adoption, and court orders. Requests for stalking, harassment, identity theft, or any unlawful purpose violate the terms of use set by FDLE.
FDLE Criminal History Search Methods
FDLE accepts criminal history requests through three main channels: name-based search, fingerprint-based search, and mail-in record request. The method a person picks depends on why they need the record and how accurate the result must be.
Name-Based Criminal History Check
A name-based check uses the subject’s full name, date of birth, and sometimes race or sex to search the FDLE database. The search pulls all matching records from Florida arrests. Results are based on data quality. Common names can return multiple matches. Name-based checks are faster and cheaper than fingerprint checks. Many volunteer organizations and licensing boards accept them.
Fingerprint-Based Background Check
A fingerprint-based check uses live scan or ink prints to confirm the identity of the subject. FDLE sends the prints to the state database and the FBI database. The fingerprint match removes false matches that come from common names. Many employers, state agencies, and federal background check processes require fingerprint checks.
Florida Criminal History Request Form
The Florida criminal history request form is the standard paper form used for mail-in requests. The form asks for the subject’s full name, any prior names, date of birth, race, sex, and Social Security number (optional). The form also asks for the purpose of the request. The requester signs the form under penalty of perjury. A false statement on the form is a felony under Florida law.
Online Versus Mail-In Requests
The online request system at the FDLE website lets users order name-based checks. Payment happens by credit card. Results return by email or through a secure portal. Mail-in requests take longer but allow certified copies and fingerprint submissions through approved livescan vendors.
Costs, Fees, and Payment Rules
FDLE charges set fees for criminal history record requests. The fee covers the search, the copy, and the cost of certifying the record. Fees change each year by state rule. Current fee amounts appear on the FDLE website.
Current FDLE Fee Structure
The fee for a name-based criminal history check is set by Florida Administrative Code. The fee for a certified copy is higher than the fee for an uncertified copy. Fingerprint-based checks include both the state fee and the livescan vendor fee. Additional copies of the same record cost less than the first copy.
| Service Type | Fee Range | Delivery Time |
|---|---|---|
| Name-based record check | Set by FDLE rule | Same day to 5 business days |
| Certified criminal history record | Higher than uncertified | Up to 5 business days |
| Fingerprint-based state check | State fee plus vendor fee | Same day to 3 business days |
| Additional copies | Reduced fee | Same timeline as first copy |
Payment Methods Accepted
Online requests accept major credit cards and debit cards. Mail-in requests accept checks, money orders, and cashier’s drawings. Cash is not accepted by mail. Payments must cover the full fee or the request is returned without action.
Fee Waivers and Exceptions
Some agencies qualify for fee waivers. Law enforcement agencies, courts, and certain state offices can request records without payment under interagency agreements. Individuals seeking their own records for personal review pay the standard fee.
Required Information for a Florida Criminal History Search
Every criminal history request must include enough data to identify the subject and confirm the purpose of the request. Missing data delays the search and can lead to rejection.
Personal Identification Details
The subject’s full legal name must appear on the form. Any prior names, including maiden names and former married names, must be listed. Race and sex help narrow the search. A Social Security number is optional but improves accuracy when added.
Date of Birth Requirements
The date of birth is the strongest identifier after fingerprints. A request without a date of birth may still go through, but the chance of a false match goes up. FDLE uses the date of birth as one of the main filters in a name-based search.
Consent and Authorization Forms
When a third party requests a record, the subject must sign a written consent form. The consent must state the purpose of the request. The third party must keep the signed consent on file. FDLE may audit the requester to confirm the consent exists.
Using Florida Criminal History Records After Receipt
Once a person receives a Florida criminal history record, the rules of use depend on the purpose of the request. Permitted uses include personal review, court cases, employment screening allowed by law, and licensing decisions. Prohibited uses include stalking, identity theft, blackmail, and any FCRA-controlled decision without proper compliance.
Permitted Uses
Permitted uses include self-checks to see what an employer will find, court filings that need a certified record, immigration applications that require proof of no criminal history, professional license applications, and adoption or foster care screening. Volunteer organizations often request records to protect the people they serve.
Prohibited Uses
Prohibited uses include denying housing based on arrest records without a conviction, rejecting job applicants without proper FCRA process, using the record to stalk or harass, selling the record to data brokers without FCRA compliance, and using the record to commit identity theft.
Employment and Volunteer Background Checks
Florida law allows employers to consider criminal history in hiring. The law lists rules about how long an employer can look back and which offenses may bar a person from a job. Volunteer organizations that work with children, the elderly, or disabled persons often require background checks before allowing service.
Immigration and Federal Purposes
U.S. Citizenship and Immigration Services (USCIS) accepts FDLE-certified records for immigration applications. The FBI also sends federal fingerprint results back to FDLE for state matching. A Florida record plus an FBI record covers most federal background check needs.
Expungement and Sealing of Florida Criminal Records
Florida law lets a person ask the court to seal or expunge certain criminal records. Sealed records stay in the FDLE database but are hidden from public view. Expunged records are destroyed by the court and FDLE, though some agencies keep a confidential flag showing the case existed.
Florida Expungement Process
A person qualifies for expungement if the case ended with a verdict of not guilty, a dismissal, a nolle prosequi, or a successful completion of a diversion program. The person files a petition with the court that handled the case. The court holds a hearing. If the court grants the petition, FDLE receives the order and updates the record.
Sealing Criminal Records
Sealing hides a record from public view but the record stays in the system. A person may qualify for sealing after a waiting period that depends on the charge. Sealing does not erase the record from law enforcement databases. Law enforcement agencies, courts, and some licensing boards can still see a sealed record.
Effect on Public Records
After a record is sealed or expunged, the FDLE criminal history database will not show the case to a standard name-based search. The certified copy will show the case as sealed or expunged. Employers running background checks through a third-party screening service will not see the case unless a court order reopens it.
Accuracy, Disputes, and Corrections
Records can contain errors. Wrong dispositions, missing updates, and clerical mistakes can lead to a record showing an open charge that was dropped years ago. Florida law gives people a clear path to fix these errors.
How to Challenge Record Errors
A person who finds an error on a Florida criminal history record should first contact the clerk of court in the county where the case was handled. The clerk can confirm the correct disposition. The clerk sends an updated disposition to FDLE. FDLE updates the record and issues a corrected certified copy on request.
Disposition Information Updates
Disposition information is the final outcome of a criminal case. Florida law requires clerks of court to send disposition data to FDLE within a set time after the case ends. Delays in reporting lead to records showing only the arrest with no final outcome. A person can check the record online and ask the clerk to send the missing data.
Court Record Corrections
Court record corrections happen through the court that handled the case. A person files a motion to correct a clerical error. The court holds a short hearing and signs an order. The clerk sends the corrected order to FDLE. FDLE updates the database.
FDLE Contact for Criminal History Requests
The Florida Department of Law Enforcement handles all statewide criminal history requests. The agency accepts mail, phone, and online requests during business hours.
FDLE Criminal History Services can be reached by mail at the FDLE headquarters in Tallahassee, Florida. The agency also runs a public service phone line for status checks and questions about the request process. Office hours run Monday through Friday during standard state business hours. The current address, phone number, and hours appear on the FDLE website.
FDLE Headquarters
2331 Phillips Road, Tallahassee, FL 32308. The public service desk handles criminal history questions by phone during business hours. The official website lists the current phone number, fax line, and email contact for the Criminal History Services section.
Official Website and Online Request Portal
The FDLE website hosts the online criminal history request form and the public records request portal. Users can start a name-based search, pay the fee, and download results through the secure portal. The site lists current fees, processing times, and required documents.
Frequently Asked Questions About Florida Criminal History Terms
These questions cover the most common points users ask about Florida criminal history records, request rules, and record use. Each answer follows the same FDLE rules and Florida laws covered above.
How Long Does FDLE Keep Criminal History Records?
FDLE keeps arrest records for the life of the subject unless a court orders the record expunged. Expunged records are removed from the public database. Sealed records stay in the database but are hidden from public search. The retention rule covers arrests, dispositions, and any related criminal intelligence entries.
Can a Felony Be Removed From a Florida Record?
Some felonies qualify for sealing or expungement under Florida law. A person must wait a set number of years after the case ends. The court must grant a petition. Violent felonies, sex offenses, and other listed crimes do not qualify. A lawyer can review the case and confirm eligibility.
What Happens If a Record Shows the Wrong Disposition?
A wrong disposition can be fixed by contacting the clerk of court that handled the case. The clerk confirms the correct outcome and sends an update to FDLE. FDLE corrects the record. The person can request a corrected certified copy after the update goes through.
Does a Florida Name-Based Check Include Federal Records?
A name-based check through FDLE only covers Florida records. Federal records, including out-of-state convictions reported to the FBI, do not appear. A person who needs full coverage should request a fingerprint-based check, which sends the prints to both FDLE and the FBI.
Can an Employer Use an Arrest Without a Conviction to Deny a Job?
Florida law limits how employers can use arrest records without convictions. The Title VII standard and Florida case law require a link between the arrest and the job. An employer who denies a job based only on an arrest without a conviction may face a discrimination claim.
How Much Does a Certified Florida Criminal History Record Cost?
The fee for a certified record is set each year by FDLE rule. The fee covers the search and the state seal. Certified copies cost more than uncertified copies. The current fee is listed on the FDLE criminal history request page.
Can a Person Request Another Person’s Record for Personal Reasons?
A person can request another person’s record only with that person’s written consent. The consent must state the purpose. Requests without consent for personal reasons such as dating, neighborhood checks, or family disputes violate FDLE terms of use and may break Florida law.