Can People See My Florida Record After it is Sealed or Expunged?

Who Can See a Florida Criminal Record

Who Can See Your Florida Criminal Record After It is Sealed or Expunged?

I am a criminal lawyer in Jacksonville.  Due to my career, I have been sealing and expunging records in Florida for years.  I have sealed different types of criminal records.  These criminal record seals range from Jacksonville battery charges and worthless checks to Florida drug charges and grand theft.  I have expunged criminal records, such as aggravated assault in Clay County to domestic battery in Duval County.  When you hire a Jacksonville lawyer to seal your record, you want to know if the “seal” can ever be open.  If a lawyer in Jacksonville is expunging your record, you want to know if anyone will be able to see your record.

When you seal or expunge your Florida record, you want to be able to pass a criminal background check.  You want to be able to say that you have never been arrested.  In most cases, employers and other people will not be able to see your criminal record.  You can legally deny that you have been arrested for the crime that you have sealed or expunge.

Imagine that you were arrested for domestic battery in Jacksonville.  You hire a Jacksonville domestic violence lawyer, and your charges are dropped.  That Jacksonville battery arrest is still on your record.  You may be able to expunge your Florida record so this violent charge does not show up in most background checks.  Call a Jacksonville Criminal Lawyer at (904) 564-2525 for help clearing your record, or send an email.

If you were arrested for stealing from you last job and you are charged with employee theft, this will show up on your record as Jacksonville petty theft or grand theft.  Let’s say that you pleaded no contest to Jacksonville Grand Theft.  The court withheld adjudication and sentenced you to probation.  You finished your Florida probation.  The Jacksonville grand theft charge is still on your record, even though you were not convicted.  You may be able to seal your Florida criminal record.  If you want to erase an arrest from your record, contact a Jacksonville criminal defense attorney at (904) 564-2525 or by email.

In both of the scenarios above, you may be able to erase the arrests from a criminal background check.  Read “Can I Seal My Florida Record” and “Can I Expunge My Florida Record” for more information.  If you seal or expunge your record, you can deny that you were arrested for domestic battery or employee theft on your job application.  When a background check is conducted, the arrest should not show up.  However, there are exceptions to the rule.

Florida Statute Section 943.0585 applies to record expunctions.  Florida Statute Section 943.059 applies to record seals.  Each of these Florida laws have the same paragraph that tells you to disclose the arrest even after you have expunged or sealed your record.  The exceptions are listed below:

“The person who is the subject of a criminal history record that is expunged [or sealed] 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 [or sealed] 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 Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, 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 disabled, or the elderly;

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.”

 

 

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