The Lee County Sheriff’s Office Financial Crimes Division has received reports that Lee County residents have received calls from criminals posing as law enforcement officers.
Victims are reported to have “pending warrants,” “did not report for jury duty,” and were told they have “pending” or “unpaid” fines.
Florida Criminal History Law
Under Florida Statutes Section 943.053, adult criminal records are public unless the individual’s criminal record has been sealed or erased. A “criminal record” is not limited to convictions. It can contain any history of arrests, convictions, charges and investigations, explains the Florida Department of Law Enforcement (FDLE).
- When a criminal record is “sealed,” it means it has severely restricted access, so only certain authorities can see it.
- When a criminal record has been “erased”, erased from multiple computer systems, or the files have been physically destroyed.
Dealing with Mars in your criminal record
In the case of arrests leading to termination, if you explain the situation and reason for your arrest, the other party may understand. Even if the court didn’t rule the case in your favor, sometimes it can help to just be direct and focus on the positive.
For example, you might say to a potential employer who is challenging an arrest for assault on your file, “Yeah, it was a crazy few days in college with too much mischief with roommates, but I learned the lesson . .”
What does Florida’s Public Records Act say?
The Florida Constitution contains open governmental laws, including the Public Records Act. This statute provides that all records made or received by a public agency in its official capacity are available for inspection unless Florida legislature provides an express exception.
The law called the Sunshine Law is found in Chapter 286 of the Florida Statutes.
What is a detention record?
According to the Florida State Government website:
Florida arrest records are officially registered documents that contain information about an individual or individuals based on their suspected involvement in criminal activity. These records often include details of the alleged crimes, as well as pertinent information about the data, and may include any applicable law enforcement information. Under Florida Miranda Rights, law enforcement agencies are required to notify an arrestee that they are being arrested, provide the reason for the arrest, notify the arrestee of their right to legal counsel, and various other important facts related to arrestee rights. However, arrests and arrest records are not considered sufficient evidence of criminal activity, other than indicating that the individual in question has been detained and questioned about a criminal offence.