Category: Law Enforcement · Statute: F.S. 943.053 · Source: Florida Legislature
Understanding Criminal Record and Background Checks in Florida
In Florida, a criminal record begins the moment an individual is arrested, fingerprinted, and booked into a county jail. Under Florida Statute Section 943.053, the Florida Department of Law Enforcement (FDLE) is designated as the central repository for these records, maintaining them within the computerized criminal history (CCH) system. This database compiles arrest data, prosecution outcomes, and sentencing information submitted by local law enforcement agencies, state attorneys, and the courts. This record remains public and searchable unless it is legally expunged or sealed.
Access to these records depends on the depth of the inquiry required. A Level 1 background check is a name-based search that cross-references demographic details against the FDLE database for a fee of $24. In contrast, a Level 2 background check is a more rigorous, fingerprint-based search costing $36. Level 2 checks search both state records and the federal National Crime Information Center (NCIC) database, and are legally mandated for high-trust positions, such as those involving children, the elderly, or healthcare licensing.
How Background Checks Impact Florida Bail and Pretrial Release
When an individual is arrested in Florida, judges and pretrial services immediately run a comprehensive background check before the first appearance hearing. Under Florida law, a defendant's prior criminal record directly influences their eligibility for bail. A history of failing to appear in court, active warrants, or pending charges can lead a judge to set a significantly higher bail amount, impose strict pretrial supervision, or deny release entirely under pretrial detention statutes.