Does a Marchman Act Go on Your Record in Florida?

Does a Marchman Act go on your record?

For most families, the real concern is narrower. They want to know who can see the court file, who can see treatment records, and whether a background check will pick it up.

This page answers those questions in plain terms. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. is the responsible lawyer for this content. The answer for any one family depends on the facts of that case.

Does a Marchman Act Go on Your Record in Florida? The Short Answer

A Marchman Act petition, assessment, or court order is not a criminal charge. Under Fla. Stat. § 397.501, individuals receiving substance abuse services from any service provider are entitled to protection of the rights specified in that section, unless otherwise expressly provided, and service providers must ensure the protection of such rights.

A petition must show why the petitioner believes the person is impaired and has lost the power of self-control with respect to substance abuse, and why the petitioner believes the person has inflicted or is likely to inflict physical harm on himself, herself, or others unless the court orders involuntary services, or that the person’s refusal to voluntarily receive care is based on judgment so impaired by substance abuse that the person cannot appreciate the need for care or make a rational decision about it. That is a civil question about health and treatment.

Any criminal matter that arises from the same conduct is a separate case. It has its own rules and its own record. So the record question usually comes down to three things: what a background check searches, who may view the court file, and who may see treatment records.

Does a Marchman Act Show Up on a Criminal Background Check?

A criminal background check searches criminal records.

Families often mix up these two ideas. A Marchman Act case is a civil petition, usually filed by a relative, a spouse, a guardian, or a service provider.

Two things still matter. A criminal charge can come from the same conduct that led to a petition, and that charge is its own matter. Also, what an employer or agency reviews depends on the kind of check it runs and the records it can reach. Those points turn on the facts of each case.

How Substance Use Treatment Records Are Protected

Treatment records get two layers of protection, one from Florida law and one from federal law. Under Fla. Stat. § 397.501, service provider records about a person’s identity, diagnosis, and services are confidential. They may not be disclosed without that person’s written consent, except in limited cases such as a medical emergency.

Federal rules add a second layer. Under section 2.13 of the federal confidentiality regulations, patient records may be used or disclosed only as permitted by the regulations in this part. The limits apply even if the person seeking the records already has them or has a subpoena.

Here is a point many families miss. A court order that allows disclosure does not, by itself, force anyone to release records. Under section 2.61 of the federal confidentiality regulations, a court order authorizing use or disclosure does not by itself compel it; a subpoena or a similar legal mandate must be issued to compel use or disclosure. The order only permits it.

Who Can See the Court File and What Affects Access

Marchman Act court files are confidential by statute. Under Fla. Stat. § 397.6760, petitions, court orders, and related records filed with a court are confidential and exempt from public disclosure.

The clerk may release these records on request to certain people. The list includes the petitioner, the petitioner’s attorney, the respondent, and the respondent’s attorney. Fla. Stat. § 397.6760 provides that pleadings and other documents made confidential and exempt by that section may be disclosed by the clerk of the court, upon request, to the persons it lists, which include the respondent’s guardian or guardian advocate, if applicable, and the respondent’s treating health care practitioner. Anyone outside that list needs a court order issued for good cause. The judge weighs that person’s need for the information against possible harm to the respondent.

The clerk also may not publish personal identifying information on a court docket or in a publicly accessible file. That rule protects names and identifiers on the public record.

What appears in the file depends on what the petition says. The petition’s contents shape the record from the start.

Who Can File a Marchman Act Petition in Florida

For an adult, Fla. Stat. § 397.68112 lets a spouse or legal guardian file. So can any relative, a service provider, or an adult with direct personal knowledge of the person’s substance abuse impairment and prior assessment and treatment.

The petition has required parts. Under Fla. Stat. § 397.68141, it must name the respondent and the petitioner. It must state their relationship and the factual allegations behind the request. A report from a qualified professional who examined the person within 30 days before filing may be attached.

Where the petition goes matters too. Under Fla. Stat. § 397.681, it is filed with the clerk in the county where the person is located, and the clerk may not charge a filing fee. Under Fla. Stat. § 397.681(1), a petition for involuntary treatment for substance abuse impairment must be filed with the clerk of the court in the county where the person is located. The respondent has the right to counsel at every stage of a judicial proceeding on the petition for involuntary treatment, but may waive that right if present and the court finds the waiver is made knowingly, intelligently, and voluntarily.

How the Baker Act and Marchman Act Records Differ

Under Rule 2.420, clinical records under the Baker Act and all petitions, court orders, and related records under the Baker Act are listed among records that are currently confidential or exempt from public disclosure. Under the Marchman Act, the courts have jurisdiction of involuntary treatment petitions for substance abuse impaired persons. Because they address different conditions, they lead to different proceedings and different treatment records.

Section 397.681 sets court jurisdiction over involuntary treatment petitions for substance abuse impaired persons and requires that they be filed with the clerk in the county where the person is located, but it does not itself make court records confidential. For mental health admissions, Fla. Stat. § 394.464 makes petitions, court orders, and related records confidential and exempt from public disclosure. The list of who may receive them looks much like the Marchman Act list.

A family dealing with both a mental health concern and substance use may face both statutes.

Questions to Bring to a Consultation About Your Family’s Records

Before a petition is filed, it helps to know what the paperwork will say and who will see it. Write down the facts you have, including dates and any past treatment. Keep copies of every document you receive from the court.

Bring a short list of questions. What will the petition say? Who can get copies of the court file? How are treatment records protected? What could a background check show?

Does a Marchman Act go on your record?

It does not create a criminal conviction, because the case is civil.

Is the Marchman Act confidential?

Yes. Under Florida law, petitions, court orders, and related records filed with a court are confidential and exempt from public disclosure.

Who can file a Marchman Act petition?

For an adult, a spouse, legal guardian, relative, service provider, or an adult with direct personal knowledge of the person’s substance abuse impairment and prior course of assessment and treatment may file.

If you are trying to understand whether a Marchman Act case could follow your loved one, you do not have to work through it alone. Richard J. Casey III, Esq. can review your facts in a free, confidential consultation with no obligation to continue. Call (561) 849-4149 or request a consultation.