Florida Statutes
Fla. Stat. § 943.056 (2025)
Criminal history records; access, review, and challenge.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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943.056 Criminal history records; access, review, and challenge.—
(1) For purposes of verification of the accuracy and completeness of a criminal history record, the Department of Law Enforcement shall provide, in the manner prescribed by rule, such record for review upon verification, by fingerprints, of the identity of the requesting person. If a minor, or the parent or legal guardian of a minor, requests a copy of the minor’s criminal history record, the Department of Law Enforcement shall provide such copy, including any portions of the record which may be confidential under s. 943.053(3)(b), for review upon verification, by fingerprints, of the identity of the minor. The providing of such record shall not require the payment of any fees, except those provided for by federal regulations.
(2) Criminal justice agencies subject to chapter 120 shall be subject to hearings regarding those portions of criminal history records for which the agency served as originator. When it is determined what the record should contain in order to be complete and accurate, the Criminal Justice Information Program shall be advised and shall conform state records to the corrected criminal history record information and shall request that the federal records be corrected.
(3) Criminal justice agencies not subject to chapter 120 shall be subject to administrative proceedings for challenges to criminal history record information in accordance with rules established by the Department of Law Enforcement.
(4) Upon request, an individual whose record has been corrected shall be given the names of all known noncriminal justice agencies to which the data has been given. The correcting agency shall notify all known criminal justice recipients of the corrected information, and those agencies shall modify their records to conform to the corrected record.
History.—ss. 8, 9, ch. 80-409; s. 3, ch. 94-126; s. 93, ch. 94-209; s. 12, ch. 98-94; s. 23, ch. 2013-116; s. 4, ch. 2016-78.
Notes of Decisions
Cited in 3
cases, 2001–2017 · leading case: Cochrane v. State, 997 So. 2d 1221 (Fla. 2d DCA 2008).
Cochrane v. State, 997 So. 2d 1221 (Fla. 2d DCA 2008). “Section 943.056, Florida Statutes (2007), and Florida Administrative Code Rule 11C-8.”
Mulvey v. Forman, 207 So. 3d 894 (Fla. 4th DCA 2017). “Judge Altenbernd once suggested, in a concurring opinion, that a declaratory judgment action might be available to allow a person to correct his or her criminal record: Section 943.056, Florida Statutes (2007), and Florida Administrative Code Rule 11C-8.”
Oliveira v. State, 785 So. 2d 671 (Fla. 4th DCA 2001). “Affirmed without prejudice for Oliveira to exhaust his administrative remedies as proscribed by section 943.056, Florida Statutes, and rule 110-8.”
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