Are Criminal Records in Charlotte County Publicly Accessible?

Yes, most criminal records in Charlotte County are accessible to the general public. Under the Florida Sunshine Laws, public members can inspect or get copies of the records from public agencies. The agency may disclose the record upon receiving requests from the public.

However, state law allows public agencies to deny access to records whose disclosure is not in the public interest. Examples of such records include:

• Criminal intelligence information maintained by a criminal justice agency before January 25, 1979.
• Active criminal intelligence and investigative information.
• Confessions of an arrestee in an ongoing criminal investigation
• Records that reveal the identities of confidential sources or informants.
• Criminal records that disclose the identities of victims of a child abuse incident or sex-related crime.

Who is Eligible to Access Charlotte County Criminal Records in Florida?

Under Florida laws, all persons and entities are eligible to access most criminal records in Charlotte County, Florida. However, the law prevents current inmates from viewing full criminal information that is under the custody of the Department of Corrections.

The law also prevents public access to criminal records that contain sensitive or confidential information. With that being said, only the following parties are eligible to access confidential criminal records in Charlotte County:

• The record subject
• Legal representatives of the record subject
• Government entities, including the courts and criminal justice agencies.
• Persons affected by the criminal incident.
• Third-party requesters with a court order that authorizes them to access the record
• Third-party requesters with a letter of consent from the record subject.

To access confidential criminal records, eligible parties must present a valid ID or other forms of identification.

How to Request Criminal Records in Charlotte County

Persons or entities can request Charlotte County criminal records by using this guide:

1. Find the official record custodian for the record
   The Florida Department of Law Enforcement (FDLE) is the official custodian of criminal records generated in Charlotte County.
2. Order Charlotte County criminal records from the agency
   The FDLE allows online searches and requests for criminal records in their custody. Applicants can view criminal records by conducting searches on the agency’s online search platform. On the other hand, they can use the agency’s online request option to request physical copies of the record. The FDLE will forward the requested document to the applicant’s mail.
3. Pay the required fees for obtaining the record.
   The FDLE charges $25 per search conducted on the online search platform. However, there is no fixed fee for obtaining records via the online request option. The fees are determined by the volume of requested documents and the document type.

Applicants can also access Charlotte County criminal records through online third-party search sites like floridacourtrecords.us. The search websites typically have user-friendly interfaces and do not restrict users based on their location. However, third-party sites may not contain updated or accurate criminal records since they are unregulated.

What Information Is Contained in Charlotte County Criminal Records?

Charlotte County criminal records typically provide information on the following:

• The offender’s personal data, including the full name, known aliases, mugshot, birthdate, and physical description.
• Complete set of fingerprints
• Mugshot
• Crime name, type, and classification
• Court name and case number
• Arrest information and outstanding warrants
• Court disposition and conviction, including current or pending dispositions.
• Sentencing information, including duration and correctional facility.

In Charlotte County, public criminal records may not include information on crime victims and juvenile criminal convictions. Sealed or expunged criminal records are also inaccessible to the public.

Are There Restrictions on Accessing Criminal Records in Charlotte County?

Yes, government entities may limit access to certain criminal records. The limitations may include court-sealed information, information related to ongoing investigations, and identities of crime victims. Government entities enforce these limitations to prevent a violation of privacy or safety rights. Unwarranted access to criminal records may lead to negative implications in the lives of concerned parties.

However, limitations or restrictions on accessing criminal records do not apply to certain persons or entities. For example, contracted juvenile treatment programs or assessment centers can obtain complete criminal records from criminal justice agencies. There are also instances when custodian agencies disclose restricted criminal records to interested parties for research and statistical purposes. However, the agencies require such parties to sign a privacy and security agreement.

What Happens if My Request for Criminal Records is Denied in Charlotte County

Applicants may undertake any of these actions if an agency denies requests for criminal records in Charlotte County:

The complaint must include:

1. File a complaint with the Charlotte County Attorney’s Office at:

• Information about the original request
• The record custodian’s response
• Additional documents to support the complaint.

1. Use the Florida Office of the Attorney General’s third-party mediation program to resolve the dispute.
2. File a petition for a writ of mandamus in the county's circuit court at:

Justice Center
350 East Marion Avenue
Punta Gorda, FL 33950

Murdock Administration Building
18500 Murdock Circle
Port Charlotte, FL 33948

Mac V. Horton West County Annex
Clerk of Court, Office 114
6868 San Casa Boulevard
Englewood, Florida 34224

Record custodian agencies may deny criminal record requests under these conditions:

• The request is not specific or does not contain enough information to find the record
• The requester is not legally eligible to obtain the record
• The request is not in the custody of the record custodian.

How to Expunge or Seal Charlotte County Criminal Records

In Charlotte County, you can expunge or seal criminal records through these steps:

1. Request a certificate of eligibility from the FDLE.
2. After receiving the certificate, file it with the court that has jurisdiction over the case.
3. Next, the court will schedule a hearing date to review the request and make appropriate decisions.

To seal or expunge Charlotte County criminal records, interested parties must meet these criteria:

• The court acquitted or dismissed the criminal case.
• The criminal offense is eligible for expunction under state law.
• The record subject was not convicted of a felony or severe misdemeanor as of the time of filing the petition.