Category: Law Enforcement · Statute: F.S. 943.053 · Source: Florida Legislature
Understanding Criminal Background Check in Florida
In Florida, a criminal background check is an official search of state and national databases to compile an individual's history of arrests, charges, and case dispositions. Under Florida Statute Section 943.053, the Florida Department of Law Enforcement (FDLE) serves as the central repository for these records, managing the Criminal Justice Information Program. While the public can access certain non-confidential Florida criminal history records for a fee, more comprehensive background checks—often utilizing fingerprint submissions—are required for sensitive employment sectors, professional licensing, firearm purchases, and housing applications.
What distinguishes an official FDLE background check from private third-party searches is its reliance on direct law enforcement reporting. When an individual is arrested in Florida, their biometric data and arrest details are transmitted to the FDLE. The resulting record, often referred to as a "RAP sheet" (Record of Arrests and Prosecutions), documents the specific statutes violated, the arresting agency, and the final judicial outcome, such as a dismissal, acquittal, plea, or conviction. This official record remains accessible unless it is legally expunged or sealed under Florida law.
Impact on Bail and Pretrial Release
During a Florida first appearance hearing, the judge reviews the defendant's official criminal background check to determine bail and pretrial release conditions. Under Florida law, a history of failing to appear in court, prior felony convictions, or pending charges out of county can severely limit a defendant's eligibility for release on recognizance (ROR). A background check revealing active warrants or a history of violent offenses often prompts the court to set a significantly higher bail amount or deny pretrial release altogether.