Can a state use your criminal records from other states?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a state use your criminal records from other states?
Asked on October 8, 2012 under Criminal Law, Florida
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Yes, most states, including Florida, will use the criminal records from other states. However, sometimes their use will be limited. For general punishment evidence, almost all of a defendant's prior criminal conviction history will be admitted and used. Prior convictions that are used for specialized enhancements are more limited. For example, driving while intoxicated offenses are frequently enhanced if a defendant has a prior conviction for driving while intoxicated. States will generally require that the nature of the offense for which the defendant was convicted in another state, be substantially similar to the driving while intoxicated laws in the charging state. If they are not substantially the same, they may be disqualified to be used as enhancements, but they could still be admissible as general punishment evidence.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.