Interesting Facts About Criminal Records In Florida

David Weisselberger | February 9, 2023

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A criminal history record can be created in a series of different ways:

The first and most popularly understood method for how a criminal record is created is when a person is handcuffed and arrested by a law enforcement officer. The second most popularly understood method for how criminal records are created is when a person is indicted, but this list doesn’t end there.

Creating a Criminal Record

Other methods for how criminal records are created are when a person is not arrested but instead issued a ‘Notice to Appear’ (in court that is), or when information or other charging document is filed by a prosecutor.

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Erasing a Criminal Record

So, as you can see, there is more than one way for a criminal history record to come into being. But creating a criminal record is relatively easy, however, erasing a criminal record, not so much. Another interesting fact about criminal history records is that there are significant constitutional differences that apply to a single criminal arrest record. What do we mean? As you may well know from your middle school civics class, the United States Constitution has three branches of government: The Legislative Branch, the Executive Branch, and the Judicial Branch. And just like the U.S. Constitution, the Florida Constitution (which is an extremely important document!) also has the same three branches of government, but at the State level.

Therefore, when a criminal record is created, there is more than one record created, in fact, there are in theory infinite records created.

Why? How? What do we mean?

Because as soon as an arrest record is entered into the law enforcement agencies' systems, it is copied forward into the Florida Department of Law Enforcement’s systems, the FBI, Homeland Security, and most shockingly, private third-party criminal background companies; the same companies which then plaster your mugshot all over the internet.

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David Weisselberger
Author | Founder
"David Weisselberger is the founder of Erase The Case. He completed his Bachelor of Arts at the University of Florida, & also his Juris Doctor from UM School of Law. Afterwards, He has been working as a former Miami-Dade County Assistant Public Defender. Also, as a solo lawyer and former associate at South Florida’s honored Saban & Solomon Law Firm. He has learned firsthand the effects people face from having a public criminal arrest record mark their lives. Therefore, David has always been working hard to help people get rid of haunting crimnal past and have a second chance in life"

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