Can I find out any of this information about my father's conviction?
June 8, 2011 12:32 PM Subscribe
In the 1980s my father was convicted of child molestation and sent to prison. I want some of the information--certainly not all of it--about his trial but don't know how to find it, or if it's even available.
Because of the age of my father's victims, the court records are sealed. I can understand that completely. But is it possible to find any of the information about his trial and, if so, how would I do so?
The things I wanted to know in particular:
- All of the charges brought against him
- What plea he entered
- How long the trial took
- What he was convicted of
- What his sentence was
I'm also interested in knowing how long he actually spent in prison--which, as I understand, was not the full length of his sentence.
The offense, case, sentencing, imprisonment, etc. all took place in the U.S. in Florida in the 1980s.
Please assume it's impossible to talk with my father, or any other family members, about the case.
Is there any way I can find these things out?
Because of the age of my father's victims, the court records are sealed. I can understand that completely. But is it possible to find any of the information about his trial and, if so, how would I do so?
The things I wanted to know in particular:
- All of the charges brought against him
- What plea he entered
- How long the trial took
- What he was convicted of
- What his sentence was
I'm also interested in knowing how long he actually spent in prison--which, as I understand, was not the full length of his sentence.
The offense, case, sentencing, imprisonment, etc. all took place in the U.S. in Florida in the 1980s.
Please assume it's impossible to talk with my father, or any other family members, about the case.
Is there any way I can find these things out?
You need to know the locality in Florida where he was convicted. Most courts have their records online. The facts you seek are generally not sealed. The only fact that you mention that isn't certain to be readily available is the length of trial. Charges, pleas, verdicts and sentences are pretty much the basic 101 for everyone.
posted by Lame_username at 12:42 PM on June 8, 2011
posted by Lame_username at 12:42 PM on June 8, 2011
Perhaps not relevant — it's unclear from your question whether your father is either still alive or still in prison — but have you tried looking him up on the Florida Sexual Offender Registry?
posted by Johnny Assay at 12:44 PM on June 8, 2011 [2 favorites]
posted by Johnny Assay at 12:44 PM on June 8, 2011 [2 favorites]
Yes, find out the county in Florida where he was tried and convicted and request information from the County Clerk.
Here is a list:
http://www.stateofflorida.com/Portal/DesktopDefault.aspx?tabid=51
posted by Fairchild at 12:45 PM on June 8, 2011
Here is a list:
http://www.stateofflorida.com/Portal/DesktopDefault.aspx?tabid=51
posted by Fairchild at 12:45 PM on June 8, 2011
There is also a Florida corrections database search.
posted by ClaudiaCenter at 12:49 PM on June 8, 2011
posted by ClaudiaCenter at 12:49 PM on June 8, 2011
Where I live, County Clerks have nothing to do with courts or court cases. Court Clerks do. Is it different in Florida?
posted by jayder at 12:51 PM on June 8, 2011
posted by jayder at 12:51 PM on June 8, 2011
You could also do a LEXIS/NEXIS search at a properly equipped library for newspaper mentions around the time of the arrest and trial. It may have made the papers.
posted by inturnaround at 1:06 PM on June 8, 2011 [1 favorite]
posted by inturnaround at 1:06 PM on June 8, 2011 [1 favorite]
Probably not. The records are sealed, so getting through that is going to take more than familiar curiosity. You'll probably need to hire a lawyer to help navigate this bureaucratic mess, because the clerk is going to have precious little incentive to help you.
posted by valkyryn at 1:23 PM on June 8, 2011
posted by valkyryn at 1:23 PM on June 8, 2011
If you know or can figure out the county where this took place, that will help a lot. If all you know is where your father lived during this time, you could try that county and any neighboring counties. Once you have that information, many courts have their own online databases of case info. Often courts don't put all of their older records into this database, but with the 1980s you have okay odds.
Here's an example of what I mean by a court's database: http://www.hillsclerk.com/publicweb/search_court_records.aspx
If the county doesn't have an online database that's free to the public or their database doesn't cover court records back far enough, you can always try calling the clerk and asking if they have any records regarding Your Father's Name. If they can't or won't help, you can try hiring a legal messenger local to that county to go look for you. (The legal messenger part can get pricey, but not nearly as expensive as hiring an attorney!)
Even if all this works, it may not answer all of your questions, but it ought to answer at least a few. Good luck!
posted by purple_bird at 2:27 PM on June 8, 2011
Here's an example of what I mean by a court's database: http://www.hillsclerk.com/publicweb/search_court_records.aspx
If the county doesn't have an online database that's free to the public or their database doesn't cover court records back far enough, you can always try calling the clerk and asking if they have any records regarding Your Father's Name. If they can't or won't help, you can try hiring a legal messenger local to that county to go look for you. (The legal messenger part can get pricey, but not nearly as expensive as hiring an attorney!)
Even if all this works, it may not answer all of your questions, but it ought to answer at least a few. Good luck!
posted by purple_bird at 2:27 PM on June 8, 2011
I'm not sure what "records are sealed means." We have public trials in the United States and it's rare for courts to attempt to totally seal an entire case, except in the case of juvenile proceedings. Typically, courts will protect the identity of victims who were minors and the transcripts may be redacted or pseudnyms used (e.g., John Doe, Jane Doe, etc.). Other records will not have that kind of information and won't be redacted. You should probably start by seeking all of the court's minutes related to the case from the Clerk of the Court in the county in which the case occurred. That probably won't contain any sensitive information.
Be warned, if you obtain a transcript of any evidentiary hearings or the trial, anyone who reads it is likely to get graphic details.
If for some reason the entire file is sealed, see if you can get a copy of the protective order or other order sealing the file. Then take what you know to an attorney familiar with criminal procedure and/or constitutional law. You may be able to have the file unsealed, depending on your reason.
posted by Hylas at 2:29 PM on June 8, 2011
Be warned, if you obtain a transcript of any evidentiary hearings or the trial, anyone who reads it is likely to get graphic details.
If for some reason the entire file is sealed, see if you can get a copy of the protective order or other order sealing the file. Then take what you know to an attorney familiar with criminal procedure and/or constitutional law. You may be able to have the file unsealed, depending on your reason.
posted by Hylas at 2:29 PM on June 8, 2011
Mod note: From the OP:
I'm finding court records on my father, but not what I'm looking for (so far: non-payment of child support, DUI, later marriage, later divorce). I've also found mention of the records I am looking for, but not the records or a summary of their salient points. Still, I have found a date range to pursue and have verified the county to contact for the information.posted by jessamyn (staff) at 3:55 PM on June 8, 2011
It's possible the county in question just doesn't have records that far back online. But I know how to proceed now, and thanks for that.
I have no interest in reading the actual transcripts--I know they would contain graphic details, and there are some things in life I'd just rather not know.
My father died about 20 years ago, so he's not on the Sex Offenders Registry.
Does anyone know how to find out how much time he actually spent in prison? Would that be possible?
FWIW when I decided I wanted to know about the record of a sex offender but needed some distance, I contacted a local PI suggested to me by the sheriff's department and told him exactly what and how much I wanted to know. The fee was really reasonable because the work was not hard - I just didn't want to do it and wasn't in the area anyway. I think I got a bill for two days, and it was worth every penny. I am very happy I did it that way, and I just wanted to make sure you knew that was an option.
posted by DarlingBri at 4:19 PM on June 8, 2011
posted by DarlingBri at 4:19 PM on June 8, 2011
The PI is a good idea. Contacting the prosecutor's office in that county is another.
Courts were much more willing to seal entire files in the 1980s than they are now. But I still would expect that an order sealing the file would refer to the documentary evidence, not to the facts of when he was charged, what he pleaded to or was found guilty of, and what the sentence was.
posted by yclipse at 4:55 PM on June 8, 2011
Courts were much more willing to seal entire files in the 1980s than they are now. But I still would expect that an order sealing the file would refer to the documentary evidence, not to the facts of when he was charged, what he pleaded to or was found guilty of, and what the sentence was.
posted by yclipse at 4:55 PM on June 8, 2011
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posted by jayder at 12:41 PM on June 8, 2011