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Law enforcement initiates the Baker Act about 49percent of the time. Usually, that person never has any courtinteraction. Therefore, there is no court record to expunge.However, there remains a police “incident report.”There is no procedure in the law to expunge or seal therecords of a Baker Act.
In respect to this, does being Baker Acted show up on a background check?
Unfortunately, where an arrest results this willlikely remain public record, but the details of the BakerAct should be protected. That said, there does notappear, based on the information provided, to be anycriminal charges, so coming
can I own a gun if I have been Baker acted?
According to state law, while people institutionalizedagainst their will, commonly known as the Baker Act,are prohibited from purchasing firearms, those whovoluntarily commit themselves and stay on a voluntary statuscan obtain guns.
The Baker Act is a Florida law that allows peoplewith mental illnesses to be held involuntarily for up to 72 hoursin a mental health treatment facility if they meet certaincriteria. Without treatment, the person is likely to suffer fromneglect or to harm himself or herself or someone else in thenear future.