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A recently drafted FL bill calls for arrest records to be sealed if the subject was not convicted. It is expected to be signed by Governor Rick Scott.

About The Bill

The purpose of the bill is to allow people who were never convicted to have their arrest records permanently sealed. If that happens, then those records could not legally be used in background checks or other consumer reports. This bill would also forbid businesses that post mugshots online from charging people who were found innocent to have their photos removed. Currently, most of these sites have a fee for mugshot removal.

Both the House and Senate unanimously supported and voted for this bill. Now it's up Florida Governor Rick Scott. As of late April, the bill was still under review.

Why This Bill Was Introduced

Existing Florida law does not allow people to have their arrest records sealed if they aren't convicted. Therefore, people who were declared not guilty still have public records that show they were arrested and accused of a crime.

Florida State Representative Scott Plakon supports the proposed law. He believes it will help people who received a not guilty verdict or had charges dropped. Plakon suggests that this bill will make it easier for people find employment, rent apartments and accomplish other common tasks without being hindered by an arrest record.

Apt Example

The Orlando Sentinel ran an article that showed an example of someone who could positively benefit from the passing of this bill. Demarquis Prince had been working at a local fast food establishment, but was fired by his manager Dexter Hughley. Not long after this occurred, Hughley was shot multiple times. When questioned by the police, Hughley pointed out Prince as the Shooter. Prince was arrested.

Several months later, Hughley admitted that Prince was not the shooter. Although Prince was set free, his arrest record is still publicly available. If the new bill passes, then Prince and would have the right to get his arrest records permanently sealed. These records would be sealed automatically. Prince, and anyone else who qualifies, would have to submit a request to start the process.

Another potential benefit for Prince would be the ability to have his mugshot removed from any websites at no charge. If a company that ran one of these sites refused to comply, Prince could file a lawsuit against them. The bill stipulates that businesses would be required to remove a mugshot within ten days or they could be fined $1,000 daily.

What You Should Know About Criminal Records In Background Checks

When you run a background check, you are looking for current, relevant data. These reports are used to help make employment, credit and other business-related decisions. Accuracy is paramount.

Background checks can only legally display criminal records that are deemed reportable to the public. Records that have been sealed or expunged may not be included on any consumer report.

If you need background checks to help make business-related decisions, contact Backgrounds Online. We make efforts to keep up with laws that impact our customers in every state. Our team is dedicated to building useful background checks that contain reportable data you can use when screening current or potential employees.