Understand What Is On Your Record and What Options May Exist For Preventing A Record, Erasing A Record, Or Limiting

Access to Your Record

YOUR CRIMINAL RECORD IN FLORIDA WHAT IS INCLUDED AND

WHAT CAN BE EXCLUDED

AMANDA POWERS SELLERS AND JENNA C. FINKELSTEIN

If you have been arrest for a criminal offense in the State of Florida you have a criminal record. Exactly what information is included on your criminal record and who has access to your record depends on a variety of factors. Because the mere existence of a criminal record can have far-reaching negative consequences it is imperative that you understand what is on your record and what options may exist for preventing a record, erasing a record, or limiting access to your record.

Who Can Access Your Criminal Record?

Most people do not realize how simple it is to access an adult criminal record. While there are exceptions to the general rule, the general rule is that criminal records for an adult in Florida are considered public record. Essentially, anyone may conduct a search for your criminal record through the Florida Department of Law Enforcement's Criminal History Information website. For a fee of $24 per search a potential employer, landlord, or even your next-door neighbor can print out your criminal record. The only requirement is that the person requesting the record provides adequate identifying information so that the FDLE is able to comply with the statutory requirements regarding dissemination of public information.

What Does Your Record Include?

Whether or not the information that turns up on your criminal record is complete and accurate depends, to a great extent, on the agency that input the information into the system in the first place. For example, law enforcement agencies throughout the State of Florida are responsible for inputting information relating to an arrest. Likewise a court clerk is responsible for inputting information relating to the disposition of your case if charges are actually filed against you. Typically, information contained in your criminal record will include dates of an arrest, charges filed, and the disposition of those charges (conviction, acquittal, dismissal). Human error and/or clerical errors can lead to incorrect information being found on your criminal record which is why it is always a good idea to request and review your own record if you have ever been arrested.

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Juvenile Records
Criminal history records relating to juveniles are treated much differently than those of an adult. Although a criminal history record is created when a juvenile is arrested, access to that record is limited. In the past, the age of a juvenile defender was the determining factor with regard to whether or not the record could be disseminated to the public. Currently, however, the law looks at the offense for which the minor was arrested when deciding if the arrest record is public information. An arrest record for a juvenile arrested for a felony is public information as is the record of a minor who has been found by a court to have committed three or more misdemeanors. In addition, a juvenile offender who has been waived into adult court has an arrest record that is considered public information. In most cases, a juveniles criminal record is expunged, or destroyed, when the individual reaches the age of 24 years old. There are, however, exceptions to this rule as well. Those exceptions are as follows: The record is retained until age 26 if the offender was classified as a serious habitual offender, was committed to a juvenile correctional facility, or was committed to a juvenile prison. If an adult is charged with a forcible felony prior to expungement of a juvenile record the juvenile record becomes part of the adult record. A juvenile record becomes part of an adult record for a minor who is adjudicated as an adult for a forcible felony. A juvenile record becomes part of an adult record for a juvenile who is adjudicated as a sexual offender.

Diversion Programs
One option that may be available to prevent a conviction from going on your record in the first place is to complete a pretrial diversion program. In Florida, a first offender, or someone who has been convicted of not more than one non-violent misdemeanor, who is charged with any misdemeanor or third degree felony is statutorily eligible for a pretrial diversion program. In addition, certain second degree felony offenses are also eligible for pretrial diversion. While the specific requirements of a pretrial diversion program can vary, the general concept is to allow a defendant to avoid conviction

upon successful completion of the terms of the program. Participants in a pretrial diversion program are usually supervised for 6 to 12 months; much like a probationer is supervised post-conviction. General terms such as payment of restitution, completion of community service work, and maintaining employment or attending school are common among most diversion programs. Additional terms may be tailored to fit the specific offense. For example, if a defendant is charged with a substance abuse offense the pretrial diversion program will likely include a substance abuse evaluation, therapy or counseling, and random alcohol and drug screens. The benefit to participating in a pretrial diversion program is that upon successful completion the State of Florida will dismiss the charges against you.

Sealing and Expunging a Record

Many states allow misdemeanor convictions, and/or less serious felony convictions to be sealed or expunged from the offender's criminal record. Expunged is simply a legal term that means destroyed or erased. As the name implies, sealing a record typically means that although the record continues to exist it is unavailable to the general public. Florida does not allow any convictions to be expunged or sealed. Unfortunately, for someone who has actually been convicted of a criminal offense in Florida the record of that conviction will almost always remain on your criminal record forever. Short of having your conviction pardoned, a criminal conviction cannot be removed from your criminal record. Even a pardon does not automatically entitle you to have the record of conviction expunged; however, the pardon can specifically indicate that it entitles the record to be expunged. Florida does, however, provide a method by which certain arrest records can be expunged or sealed.If you successfully seal or expunge an arrest record it means that you are legally entitled to deny or fail to acknowledge the arrest for most purposes. For example, if an employment application asks if you have ever been arrested you can legally respond "no" if the sealed or expunged arrest is your only arrest. Your ability to deny a sealed or expunged arrest does have limitations though. You must admit the arrest, for instance, if applying for a change of status for immigration purposes, if you are a defendant in a subsequent criminal prosecution, or if you are

applying for employment with a criminal justice agency or an employer wherein you will have contact with minor children, the disabled, or the elderly. If you apply to have an arrest record sealed or expunged and your application is approved be sure to consult with the Florida criminal defense attorney that assisted you with the application to ensure that you understand when you are legally allowed to deny the existence of the arrest and when you are still required to acknowledge the arrest. As you can see, navigating the maze of laws relating to criminal records can be a daunting task. If you have questions or concerns relating to your own criminal record take the time to consult with a Florida criminal defense attorney to ensure that your own record is accurate and that you understand the laws as they relate to your criminal history record. It is equally important that you consult with an experienced attorney prior to entering in to an agreement that will result in a criminal conviction in the State of Florida given the fact that the record of your conviction will remain, and be accessible to the public, forever. Juvenile Assessment Center, What Are the Laws on Juvenile Criminal Records in Florida? The Florida Bar, Diversion Programs Miami-Dade Public Defender, FAQs: Sealing & Expunging Criminal History Records in Florida Florida Department of Law Enforcement, Frequently Asked Questions Florida Department of Law Enforcement, Criminal History Information

ABOUT THE AUTHORS

Amanda Powers Sellers Florida criminal defense lawyer, Amanda Powers Sellers, has aggressively defended thousands of Florida criminal cases. With over nine years of criminal jury trial experience, she has the necessary background to represent cases ranging from Driving under the Influence (DUI) to First Degree Murder. Amanda is a seasoned litigator and an aggressive negotiator. With a wealth of experience she has proven that her gentle, but aggressive style of criminal defense litigation consistently achieves results for her clients. Jenna C. Finkelstein Florida criminal defense attorney, Jenna Finkelstein, has over sixty (60) criminal jury trials to her credit. Her experience defending individuals charged with crimes in the state of Florida ranges from domestic battery to DUI Manslaughter, Drug Trafficking, First Degree Murder and all crimes in between. She is passionate about the law and promises personal attention to all of her clients and their individual needs. Jenna is a seasoned trial attorney who knows the legal system and its players. Jenna and her team at the Law Offices of Powers Sellers & Finkelstein, PLC, are committed to fighting for you.

Powers Sellers & Finkelstein, PLC 6344 Roosevelt Blvd. Suite B Clearwater, FL 33760 727-531-2926 http://psffirm.com