When you are looking for a job, you want to be able to pass a background check. As a Jacksonville Criminal Lawyer, people will ask me how to clear their Florida arrest records. If you want to pass a background check, you need to either seal or expunge your Florida criminal record. A Jacksonville Criminal Attorney at 20 Miles Law can help you with this. Call a criminal lawyer in Jacksonville at (904) 564-2525. You must be eligible to clear your record. Read “Can I Seal My Florida Criminal Record?” to see if you are able to seal your record. Read “Can I Expunge My Florida Criminal Record?” to see if a record expunction is available to you. Remember that there are certain crimes that cannot be sealed in Florida. If your charges were dropped, you may be able to expunge them, so talk to lawyer in Jacksonville about this.
Sealing or expunging your arrest record will not always stop employers from seeing your criminal background. Even if you erase a charge from your Florida record, some agencies will still have access to it. Imagine that you are arrested for Jacksonville grand theft in Duval County. You plead no contest to the Jacksonville theft charge. You seal your record. If you want to become a Florida attorney, you must disclose this to the Florida Bar. If you are subject to a Florida Agency for Healthcare Administration (AHCA) background check, you also need to disclose this information. Let’s say you were arrested for Jacksonville possession of marijuana and you want to apply for a job with the Clay County Sheriff’s Office. If the charges were dropped, you can expunge the Florida drug crime. Even if you expunge your record, you are going to be required to tell the Clay County Sheriff’s Department about the Jacksonville drug charge that you expunged.
You may be thinking, “Why should I clear my Florida criminal record if people can still see my arrest?” You should still consider erasing your record with a record seal or expunction, because it is a public record. Your arrest is available for anyone to see. People can still look up your arrest on the Internet or at the courthouse. When you seal or expunge your Florida criminal record, most potential employers will not be able to find the arrest. Therefore, it is helpful in the long run. In general, you can deny an arrest after sealing or expunging a record in Florida expect when the petitioner:
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