Your Background Checks - is it being reported accurately?
Officially, the answer is probably yes. Unofficially, the odds are definitely not. Below is a step by step procedure on how to find out what your official background check looks like to law enforcement. However, be aware that there are hundreds of private companies out there that collect public records and then sell those records to the public as "back ground checks." Most private employers and rental companies rely on the unofficial versions for your background check information.
Background Checks - a misnomer
When most people think of a background check they think of an official dossier that is kept on everyone by a government agency. If you thought this way, you'd be wrong. A background check, in reality, is whatever a private company writes about you after asking them for all the information they have under your name, date of birth, social security number, etc. That is what people now consider a background check. This is reflected in the fact that most employers, rental agencies, loan offices, and so on, rely on private companies that database vast amounts of public records to inform them on the backgrounds of people.
It is true that the government, typically law enforcement, maintains records on a lot of different activities we are involved in including crimes. Official background checks would emanate from the (Florida) Department of Law Enforcement and only contain criminal information. The private companies that sell information labeled as a back ground check include much more information including such things as address, car registrations, names of people living with you (including children), etc.
Unfortunately, private public data collectors hardly understand what they collect. Much of it is filled with government acronyms that these companies "guess" at. They take what they receive from government offices, such as the Clerks of Court Offices, and then "translate" it to something that the average Joe can understand. Very often, the translated wording is inaccurate.
There are thousands of these companies out there that claim to provide "back ground checks." Most have a very poor record for accuracy. They defend what they do by saying that the records they provide are all "public records" that everyone has access to. The real problem is that OUR government agencies are selling this information to these companies, some of which are not very scrupulous.
How to obtain an official background check
BACKGROUND CHECK: There are two ways to obtain the information necessary to complete the "Get Started" page.
1. Final Disposition of your Case
In order to know whether or not you are eligible to have your record sealed or expunged it is critical to know how your case was resolved. The surest way is to get a copy of your case's final disposition. This is the court's order stating what happened in your case. You can get a copy of this by going to or mailing the Clerk of Court in the courthouse where your case was heard and asking for a copy of your case's final disposition.
This document will answer (1) date
of sentencing, (2) whether adjudicated guilty or withheld, (3) final
charge to be sealed or expunged, and (4) county of arrest.
If you are seeking to seal or expunge your record then have the Clerk of Court certify the copy - a certified copy of your case's final disposition will be needed in order to accomplish your goal. This will cost about $3 paid to the Clerk of Court.
2. (Florida) FDLE online background check
Another way of possibly determining
your case's final disposition is to have FDLE send you a copy of
your criminal history, otherwise known as a background check.
These are not always complete and accurate. You can do this by
going to the following website:
http://www.fdle.state.fl.us/CriminalHistory/
This document will answer (1) date of arrest, (2) agency that arrested you, (3) for what you were arrested, and (4) the county of arrest. It may also answer (5) date of disposition, (6) final charge, and (7) whether adjudication of guilt was withheld or not.
Once you receive this information you can either fax it to our Office or email it to us. This costs $23 paid to FDLE. (If you have arrests in different states then proceed with a national background check. It is more expensive but necessary in order to determine if you are eligible if you are not sure about the specifics of those cases.)
Optional: (National) FBI background check
If you want to review your federal record you must submit the FBI's written request, completed fingerprint card, and certified check or money order made payable to the Treasury of the United States in the amount of $18.00 directly to the FBI at the following address:
Federal Bureau of Investigation
Criminal Justice Information Services Division
Attn: SCU MOD D2
1000 Custer Hollow Road
Clarksburg, West Virginia 26306
Please go to the FBI website for updated information. FBI website: http://www.fbi.gov
Checking on your Expungement or Sealing results
after a judge has ordered your arrest history
expunged or sealed.
Once the process is completed many people want to ensure that their arrest is no longer showing up on FDLE's public background check. It usually takes FDLE 4-5 weeks to process the Order after they have received it. Remember that to "complete" the process the court costs must be paid before an Order will be processed by the Clerk of Court and sent to FDLE. This office handles many petitions to seal and expunge. Once we have received the documents indicating that the Clerk of Court has processed the Court Order we cannot assist in making sure every affected agency has done what they have been ordered to do. Therefore, we are providing the following contact information to assist you in finding out these issues:
The Florida Department of Law Enforcement:
Email: seal-expunge@fdle.state.fl.us
Website: http://www.fdle.state.fl.us/contacts/
Telephone: 1+(850) 410-7870
Law Enforcement Agencies Addresses:
Do a search on Yahoo or Google using the agencies' names.
www.google.com
www.yahoo.com