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Are Criminal Records in Hillsborough County Publicly Accessible?
Yes, most Hillsborough County criminal records are accessible to the public. Chapter 119 of the Florida Statutes empowers the public to inspect and make copies of criminal records in the custody of government entities. In turn, the law requires these entities to release requested documents, provided the requester fulfills the requirement for accessing the records. Agencies may require the provision of an oral or written request and identification documents before disclosing records in their custody.
The state law also prevents the disclosure of certain criminal records. Exempted records typically contain information whose disclosure is deemed to not be in the public interest. For instance, information concerning an active criminal investigation is not publicly accessible since its disclosure does not serve the public interest. Other exempt criminal records in Hillsborough County include:
- An arrestee’s confession is exempt until the criminal case results in a court conviction or dismissal.
- Identities of confidential sources in a criminal investigation.
- Information that reveals the identity of victims of child abuse crimes.
- Information on victims of sex-related crimes.
- Sealed or expunged criminal records
- Crime-related data that reveals the personal assets of crime victims.
Who is Eligible to Access Hillsborough County Criminal Records in Florida?
All persons or entities, including government bodies, are eligible to access most Hillsborough County criminal records. However, certain criminal information is restricted from public access. State laws generally disclose confidential criminal records to persons or entities with a legal and direct interest in the record. That being said, third-party requestors seeking to obtain such documents must obtain a letter of consent or authorization from the record subject or their legal representatives.
How to Request Criminal Records in Hillsborough County
Interested parties can request Hillsborough County criminal records by following this guide:
- Determine the agency holding the record
The Florida Department of Law Enforcement, via the Division of Criminal Justice Information Services, is the sole custodian of Hillsborough County criminal records. That said, the agency maintains online repositories through which interested parties can view and request the records. - Select and choose the preferred method of obtaining the record
The FDLE provides an instant criminal search database and an online request platform. To use the former option, users must provide relevant search details and pay the required fees. In contrast, parties using the online request platform must input their mailing address, search data, and fees. - Pay the required fees to access the record.
It costs $25 for each search conducted on the instant criminal search platform. However, there is no specific fee for accessing criminal records through the online request platform. Requesters may pay a different amount depending on the document type, number of generated copies, and purpose of the request. For instance, concealed weapon applicants must pay $15 to access criminal records, while daycare employees must pay $8 to get the same records. - Wait for the requested documents.
Parties using the instant search database can view criminal records immediately. However, the agency processes requests made through the online request platform in a few business days.
Alternatively, third-party search platforms like floridacourtrecords.us offer online repositories for accessing criminal records in Hillsborough County. The sites feature user-friendly interfaces and may not restrict users based on their geographical location. Nevertheless, they are unregulated and should not serve as reliable options for finding criminal records.
What Information Is Contained in Hillsborough County Criminal Records?
Hillsborough County criminal records typically contain the following data:
- The record subject’s full name, known aliases, birthdate, ethnicity, and gender.
- Arrest information and outstanding warrants
- Full set of fingerprints
- Mugshot
- Crime name, type, and classification
- Court name and case number
- Court disposition and conviction, including current or pending dispositions.
- Sentencing information, including duration and correctional facility.
Publicly accessible criminal records may not include legally exempted information, such as data on crime victims and juvenile offenders. Exempt or sealed criminal records are also inaccessible to the general public.
Are There Restrictions on Accessing Criminal Records in Hillsborough County?
Yes, Florida Statutes 943.0542 restricts confidential criminal records from public access. Confidential criminal records typically contain data whose disclosure violates an individual’s right to privacy or safety. For instance, public access to juvenile or crime victims’ information may violate their privacy and lead to negative social implications. Sealed or expunged criminal records also protect the identity of concerned parties.
However, state laws allow certain entities to view or obtain restricted criminal records. For example, local or state criminal justice agencies may disclose juvenile criminal data to contracted juvenile assessment centers or treatment programs. After receiving confidential data, the agencies must maintain the record only for the purpose for which it was received.
The FDLE may release portions of restricted data to individuals or entities for research or statistical purposes. Before receiving such information, the individual or entity must sign a privacy and security agreement with the agency.
What Happens if My Request for Criminal Records is Denied in Hillsborough County?
Use any of the following options if the custodian agency denies your request for Hillsborough County criminal records:
- Use the Florida Office of the Attorney General’s mediation program. The agency will set up a third-party mediator to resolve the public dispute between the inquirer and the record custodian.
- File a complaint with the Hillsborough County Attorney’s Office at:
419 North Pierce Street
Tampa, Florida 33602
Phone: (813) 272-5400
The complaint must include information about the original request, the record custodian's response, and other necessary documents.
- File a petition for a writ of mandamus in the county's circuit court at:
301 North Michigan Avenue
Plant City, FL 33563
Phone: (813) 757-3918
Record custodians may deny criminal record requests under these conditions:
- The requested document is confidential under state or federal statutes.
- The document is no longer under the purview of the agency.
- The document is not available in the requested format.
How to Expunge or Seal Hillsborough County Criminal Records
In Hillsborough County, you can expunge or seal criminal records by taking these steps:
- Submit a request for a certificate of eligibility to the Florida Department of Law Enforcement. You can fill out the online request form and mail it to the agency.
- Next, file the certificate with a local court that has jurisdiction over such cases.
- Upon receiving the certificate, the court will schedule a hearing date to review the request.
- If the request is granted, the court will issue a court order, which must be sent to the FDLE.
To expunge criminal records in Hillsborough County, you must meet the following criteria:
- The criminal offense is eligible for expunction under state law.
- The court acquitted or dismissed the criminal case.
- The record subject was not convicted of a felony or severe misdemeanor as of the time of filing the petition.
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