Yes. There will be a medical record, a police record if law enforcement was involved and if a petition is filed for involuntary placement then also a court record. There is no procedure in the law to remove or seal the records of a Baker Act.
Does a Baker Act go on your record?
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Contact CCHR Florida
109 N. Fort Harrison Ave.
Clearwater, Florida 33755
Tel: 1-800-782-2878
Recently, 3 Tampa Sheriffs officers attacked me in April, punched me in the face & slammed me on the ground for calling the police to report human sex traffickers following me. I had called the police several times about it before then. I’m trying to find a lawyer that can take my case to file a lawsuit against the Hillsborough Sheriffs department for the brutal actions done to me for no reason at all. In their false report, they stated Blatant lies saying I posed a threat to someone, when I had gone to a neighbors house for help, who let me use their phone to call the police. Many Human sex traffickers pose as police & sheriff officers to continue sex trafficking men, women, & children in the USA. I wrote the White house before this happened about the matter. I’m trying to find a Lawyer that will take my Case for being falsely Baker Acted just for calling the Police for help with human sex trafficking.
Please call our hotline at 800-782-2878.
I believe there is a distinction made between voluntary and involuntary commitment. In other words, if a family member/loved one Baker Acts you and the police show up and you agree to a voluntary evaluation, it is seen as that you understand you’re having a mental health crisis and are of sound enough mind to realize you need help. If the police show up and you’re still making threatening statements about harming yourself and/or others and you do not agree to an evaluation you will be involuntarily committed which makes things worse. I am not an attorney but have had family experience with this. It was 20 or so years ago and the law might have changed though…
@CCHR Florida
Combat vet who was Bakere’d for attempted unalive situation, and has read the entire thread….. Please if you will, exactly what steps/procedures need to be taken for lawful 2A ?
I was Baker acted and escorted out of my house by police but no criminal act was committed will this show up as a police report still and on a background check?
My own investigation a few years ago would say Yes, the State of Florida permits County Clerks office to show Case action and Case number, even if information contained within the file is redacted (blocked from public view online). With that said, not all Country Records will show Baker-acts. As far as police escorting one out of their home, well that means someone had to place that call. Police officers are just that, they should have no power to Baker-act a Person and remove them from their home without criminal infraction. Realizing some people have medical conditions that mimic mental health but can be very serious without proper treatment. The Baker act is abused just as restraining orders are. None of this represents the alleged offenders it is actually a very biased process without representation to the citizen. Very easy to do to anyone, often used in martial disputes, family issues, boyfriend / girlfriend situations and no legal representation and investigation for adjudication of disposition. No statute of limitations however I was told a pysch evaluation may work to some degree. Very easy to ruin a citizen’s career, livelihood, current and future relationship’s. Court’s do use these to establish parental rights also. The legalities could be the agency or the individual who instituted the Baker-act May have an alliance or financial gain in the action itself. There is no real investigation therefore it is neither protective or truthful. Doctor’s that are appointed have no knowledge of the person, medicine is just a practice of science with terminology used to describe the individual’s current state. Mental Health labels used to abuse for personal or financial gain.
I do not deny that their are mentally ill people but incapacitation is usually lifelong or caused by injury.
Hi. My 82 year old father was Baker acted due to an apparent “overdose and suicide attempt” as per the medical records available. They did not let us see him for 24hours and they eventually let me in because I showed up with Baker Act law in hand and told them I believed he was being Baker Acted improperly. He was drunk and like many old people he was saying he’s tired and wants to go to sleep forever. Contrary to what they wrote in the existing medical records, there is zero evidence in his labs of a drug overdose whatsoever.
They eventually discharged him after I insisted to speak to an administrative executive. I wasn’t there when they finally let him leave. But they did not give him a Visit a Summary, Discharge Instructions, or Plan of Treatment. (Against hospital policy).
Something smells fishy. My question is: since they kept him there over 12 hours involuntarily and did not let us see him because of the Baker Act, shouldn’t that Baker Act be in his records somewhere?
I would appear that they messed up and are trying to hide it.
If your father was Baker Acted then this should be in the file. It does sound as if proper procedures were not followed. Please feel free to call our office at 800-782-2878 and ask to speak to one of our advocates. They are certified on the Baker Act law through the Department of Children and Families and while they cannot give legal advice since they are not attorneys they can definitely answer your questions and it is all free of charge.
If I’ve been baker acted by abusive parents, would it be possible to have a legal case to have cases removed? I’m afraid that law enforcement will be negligent over my safety due to the previous baker acts being on my file.
Unfortunately there is no law that covers expungement of previous Baker Acts. However, a law has been passed that now makes it a first-degree misdemeanor for someone to furnish false information to get someone institutionalized or to conspire to get the Baker or Marchman Acts implemented under false pretenses.
Hello.
Over the past three years I’ve experienced repetitious medical procedures in my sleep, to include evidence of medical implants, head shaving, fumigation, and repetition of psychological stimuli over a prolonged period, such as the placement of specific smells and odors.
It appears as though my parents are involved, as well as law enforcement, fire, and medics across the United States in what appears to be som sort of medical/security industrial complex.
How might I investigate Baker act details? I am 34 and live in Oregon, and my over-concerned parents live in Florida.
It sounds as though you may have other issues going on in your life, currently. I don’t know Oregon rules but Baker Acts are only used by Florida police and medical personnel. And they do remain on your record forever. Good luck
If a petition was NOT filed for a hearing in the courts, will there be any medical record of the Baker Act in a background check?
If no petition was filed there will not be a court record. However there will still be the medical record and if law enforcement were involved there will be a police report. If you are concerned about what may show up in a background check you may wish to contact an attorney.
Is there’s a way that I can gain my rights back for my gun license after I’ve been wrongfully accused for getting Baker Acted?
The article at this link my help answer your question: https://drugandalcoholattorneys.com/baker-act-lawyer/my-firearms-rights-when-a-baker-act-is-involved/
Can the judge accept character letters at an Evidentuary Hearing?
You would need to consult an attorney to get an answer to this question. Please call our offices at 800-782-2878.
If I was committed as a minor, is that on my record? I’ve never been baker acted as an adult and no more than 3 times as a child
A Baker Act is a civil matter and so there is no removal of the action from records. There would be a medical record of the Baker Act(s) and if a petition was filed for a hearing then there would also be a record in the courts. Next, if the policy were involved at all then there would be a police report. If you have additional questions please fee free to call our offices.
Thanks for plastering my record for everyone to see now everyone thinks I’m crazy
I’m sure people do not think you are crazy, but there must have been a need for putting Baker Act notices on your file. No it can not be removed if ordered by court or doctors.
How does the Baker Act affect employment and college admissions later in life?
How a Baker Act affects employment and college admissions depends on the type of job a person is seeking and the policies of the college that the person hopes to attend.
I’ve been baker act’d. Then applied to college, got in the best one in the state. After college I applied to Medical school and got into the best accredited one in the world. Keep in mind I’m an average student. 3.4 GPA, not a ton of extracurriculares…
Baker act does not close doors, so long as you try hard and make sure the requirements the schools want are met.
I do need assistance in acquiring all police records & medical records. Been going on to long.
You may request your records from the police as well as the psychiatric facility or medical facility involved in a Baker Act. If you need help please call 800-782-2878 and one of our advocates will help you free of charge.
How does one get access to all records (police and medical)? Do the medical facilities provide everything?
You may request your records from the police as well as the psychiatric facility or medical facility involved in a Baker Act. If you need help please call 800-782-2878 and one of our advocates will help you free of charge.