1. Home
  2. Knowledge Base
  3. Definitions
  4. What is a criminal history record (“record”)?

What is a criminal history record (“record”)?

 

A criminal history record (also known as a “criminal arrest record,” “arrest record,” “criminal record” or “record”) is the electronic and written documentation of any incident a person has had with the criminal justice system, and they are divided into two forms: nonjudicial criminal history records and judicial criminal history records.

  1. A nonjudicial criminal history record is the set of documents (i.e., records) maintained by the various executive branch criminal justice agencies in the State of Florida containing criminal history information related to arrests.
  2. A judicial criminal history record is the set of documents (i.e., records) maintained by the judicial branch court administrators in the State of Florida containing criminal history information related to the court proceedings and dispositions stemming from an arrest or notice to appear.
    • Criminal records are created when either:
      • A person is arrested and fingerprinted;
      • A notice to appear is issued;
      • An indictment (also known as “true bill”) is issued;
      • An information is filed; or
      • Through some other charging document, the person was required to appear in court to answer for an alleged criminal matter.
    • Pursuant to Florida law, adult criminal history records are considered public records unless ordered expunged or sealed.
    • Records include all documents, writings, computer memory, and any other form in which facts are memorialized.

(Court orders involving expungements or sealings generally encompass both judicial and nonjudicial criminal history records.)