Deny an arrest after sealing or expunging Florida record

Can I Deny My Arrest in Jacksonville FL

Can I Deny My Arrest in Jacksonville, FL?

What happens after my record is sealed or expunged in Jacksonville?  If I expunge my record, can I say that I was never arrested in Duval County?  If I seal my record in Clay County, will I be able to deny that I pleaded guilty or no contest to a crime?  If I clear my St. Johns County record by sealing or expunging it, may I deny the criminal charges?

The Florida record sealing law is Section 943.059.  The law for a record expunctions is 943.0585.  If you want to clear your record in Jacksonville, one of these laws could apply to your situation.  Although they are two different laws, they each have the same effect on your ability to deny that you were arrested in Jacksonville.  If you expunge or seal your criminal record in Florida, you can legally state that you were not arrested, unless you fall in one of the categories listed below in Florida Statute 943.0585(4)(a).  The same is true if you have your record sealed under Florida Statute 943.059.  If you would like to seal or expunge your record, get help from a Jacksonville criminal defense attorney.  Speak to a lawyer in Jacksonville at 20 Miles Law by calling (904) 564-2525.  A Jacksonville criminal lawyer with experience will evaluate your case.

Florida Statute 943.0585(4)(a) states:

(4)(a) The person who is the subject of a criminal history record that is expunged under this section or under other provisions of law, including former s. 893.14, former s. 901.33, and former s. 943.058, may lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when the subject of the record:

1. Is a candidate for employment with a criminal justice agency;

2. Is a defendant in a criminal prosecution;

3. Concurrently or subsequently petitions for relief under this section or s. 943.059;

4. Is a candidate for admission to The Florida Bar;

5. Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly as provided in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(5), chapter 916, s. 985.644, chapter 400, or chapter 429;

6. Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities; or

7. Is seeking authorization from a seaport listed in s. 311.09 for employment within or access to one or more of such seaports pursuant to s. 311.12.

(b) Subject to the exceptions in paragraph (a), a person who has been granted an expunction under this section, former s. 893.14, former s. 901.33, or former s. 943.058 may not be held under any provision of law of this state to commit perjury or to be otherwise liable for giving a false statement by reason of such person’s failure to recite or acknowledge an expunged criminal history record.

(c) Information relating to the existence of an expunged criminal history record which is provided in accordance with paragraph (a) is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that the department shall disclose the existence of a criminal history record ordered expunged to the entities set forth in subparagraphs (a)1., 4., 5., 6., and 7. for their respective licensing, access authorization, and employment purposes, and to criminal justice agencies for their respective criminal justice purposes. It is unlawful for any employee of an entity set forth in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to disclose information relating to the existence of an expunged criminal history record of a person seeking employment, access authorization, or licensure with such entity or contractor, except to the person to whom the criminal history record relates or to persons having direct responsibility for employment, access authorization, or licensure decisions. Any person who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

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