Understanding Miami-Dade Court Records
Court records offer a detailed history of legal proceedings and actions within Miami-Dade County. Access to these records is crucial for legal professionals, researchers, and anyone in the public who needs them.
The Florida court system is structured with both circuit and county courts. Circuit courts typically handle more serious cases, like felonies and civil cases involving larger sums of money, while county courts often deal with misdemeanors, traffic violations, and smaller claims.
This guide provides a comprehensive overview of how to perform a court search in Miami-Dade and access the records you need. We’ll cover:
- The types of records available
- Different search methods
- Any restrictions on access
- Associated fees, if any
Whether you’re a legal professional needing information for a case, a researcher delving into legal history, or a member of the public seeking information, this guide will help you navigate the process of accessing Miami-Dade court records.
Florida’s Public Records Law and Court Access
If you’re looking for court records in Miami-Dade, it’s important to understand Florida’s commitment to open government. The “Sunshine Law” gives the public access to government records, including many court documents. However, there are exceptions. Some records might be sealed or protected to safeguard privacy or for other legal reasons.
The Florida Rules of General Practice and Judicial Administration also play a role. These rules guide how courts manage and provide access to records. They balance the public’s right to know with the need for efficient court operations and the protection of sensitive information.
So, what exactly counts as a court record? It’s basically any document, file, or electronic data related to a case. This can include pleadings, motions, orders, judgments, and evidence. Keep in mind that while most of this information is public, some parts might be restricted.
Miami-Dade County Court Structure and Jurisdiction
The Miami-Dade court system, like other court systems, is divided into different levels, each with its own area of authority. Here’s a quick look at the structure and what kinds of cases each court handles.
Circuit Courts
Circuit courts have what’s called “general jurisdiction,” meaning they can hear a wide variety of cases. The kinds of cases you’ll find in Circuit Court include:
- Felonies
- Civil cases involving more than $50,000
- Family law matters, like divorce and child custody
- Probate (dealing with wills and estates)
Miami-Dade County is part of Florida’s Eleventh Judicial Circuit.
County Courts
County courts have “limited jurisdiction,” so they deal with less serious cases than Circuit Courts. In County Court, you’ll find:
- Misdemeanors
- Civil cases involving less than $50,000
- Small claims cases (up to $8,000)
Accessing Miami-Dade County Court Records: General Methods
If you’re looking for court records in Miami-Dade County, here are a few ways to go about it.
Clerk of the Court and Comptroller’s Office
The Miami-Dade County Clerk of the Court is the primary custodian of all court records. The Clerk’s office is divided into departments that handle criminal, civil, family, and probate cases, among others.
In-Person Access
You can request copies of records in person at the Clerk’s office. It’s worth noting that some departments, like the Central Records Bureau, require you to make an appointment before your visit.
Online Databases
Many court records are now available online, which can save you a trip downtown.
Official Online Systems
Miami-Dade County maintains online systems for searching court records related to criminal, civil, family, and probate cases. You can typically find links to these systems on the Clerk’s website.
Third-Party Aggregators
A number of third-party websites also provide access to court records. However, be aware that the accuracy and reliability of information from these sources can vary. It’s always best to verify information obtained from a third-party source with the official court records.
Searching Miami-Dade Court Records by Name
If you’re trying to find court records by name, accuracy is key. The more accurate information you have, the better. Ideally, you’ll know the full name and date of birth of the person you’re searching for. Case numbers and filing dates are also helpful.
The Miami-Dade Clerk of Courts website has online search tools you can use. Once you perform an initial search, refine the results with keywords and filters.
Keep in mind that name-based searches can return a lot of results, especially if the person has a common name. This is where those extra details become important. Be patient and carefully review the results to find the specific record you need.
Accessing Specific Types of Court Records
The type of court record you’re looking for will determine how you can access it. Here’s a breakdown of how to find different kinds of records in Miami-Dade County:
Criminal Records
The Central Records Bureau (CRB) maintains criminal records in Miami-Dade. You can get a criminal history check or a police clearance letter from them. Be aware that a police clearance letter costs $5, and fingerprinting will cost you another $15.
The Miami-Dade County Clerk’s office also maintains a Criminal Justice Online System, which you can use to find criminal case information.
However, keep in mind that there are restrictions. You can’t access certain criminal records, particularly those involving juveniles.
Civil Court Records
For civil cases, you can use the Civil, Family, and Probate Courts Online System. This system lets you search for information about civil cases handled in Miami-Dade County. Civil cases can include things like small claims, car accident lawsuits, and contract disputes.
Family Court Records
Keep in mind that some family court records are confidential, especially those that involve juveniles. Family court handles cases like custody battles, adoptions, and domestic violence proceedings.
Dissolution of Marriage Records
Dissolution of marriage records, or divorce records, are accessed just like other family court records. Use the online system mentioned above or contact the Clerk’s office directly.
Probate Court Records
You can use the same online system to access probate court records. Probate cases deal with the administration of estates after someone passes away.
Obtaining Marriage, Divorce, Birth, and Death Records
Sometimes you need copies of vital records like marriage, divorce, birth, or death certificates. Here’s where to look in Miami-Dade County.
Marriage and Divorce Certificates
You can get copies of marriage and divorce certificates from two places:
Clerk of the Court
The Miami-Dade Clerk of the Court has records of marriages and divorces that occurred in the county. A copy of a marriage license costs $9 for the first copy and $7 for each additional copy.
Florida Bureau of Vital Statistics
The Florida Bureau of Vital Statistics also keeps records of marriages and divorces.
Birth and Death Certificates
Birth and death records can be obtained from:
State Department of Health
The Florida Department of Health keeps birth and death records. There may be some restrictions on who can access these records. The first copy of a birth or death certificate costs $20, and additional copies are $16 each.
Accessing Property Records
Miami-Dade County makes property records available online through the Clerk’s Official Records Search application. This tool lets you search for and view official documents related to properties within the county. You can access it from the Miami-Dade County Clerk’s website.
Property records include a wide variety of documents, such as:
- Deeds (documents transferring property ownership)
- Mortgages (documents securing loans against a property)
- Liens (claims against a property for unpaid debts)
- And much more
This online search application provides a convenient way to research property information from your computer.
Fees and Costs
Keep in mind that Miami-Dade County typically charges fees to reproduce court records. For a certified copy, expect to pay \$1 per page, plus \$2 for the certification itself.
Other fees may apply for things like record searches and other types of certifications.
The Clerk of Courts usually accepts payments in the form of cash, checks, or credit cards. It’s always a good idea to confirm their accepted payment methods before you go.
Final Thoughts
Navigating the Miami-Dade court system might seem daunting, but hopefully, this guide has provided a clearer understanding of how to access the information you need. We covered the different types of courts, the records they keep, and the various ways you can search for those records, both online and in person.
Remember, public access to court records is a cornerstone of a transparent and accountable legal system. By exercising your right to access these records, you contribute to a more informed and just community.
For more detailed information and assistance with specific record requests, be sure to visit the Miami-Dade County Clerk of the Court website. You’ll find a wealth of resources there, including online search tools, forms, and contact information. If you have any questions or need help finding a particular record, don’t hesitate to reach out to the Clerk’s office directly. Their staff is there to assist you in navigating the court system and accessing the information you’re looking for.
Here are some useful links:
- Miami-Dade County Clerk of the Court Website
- Online Court Records Search