Criminal Records and Employment Screenings

David Weisselberger | February 9, 2023

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One of the biggest fears people have about having a criminal arrest record is that it is open to the public’s view. From there, the immediate consequences that stem from having an arrested record made public are dire.

For example, a single arrest record can affect a person’s employment stability. Whenever employers find out that their employees were arrested, the first thought that usually comes to their mind is whether they should fire that person. Because if you were to think about it from the business owner’s point of view, having an employee that was arrested is not good for business but a liability.

But that’s not all. In fact, many people also miss out on either being seriously considered for an employment position or for receiving a promotion that they were working so hard to get. And all of this, simply because they were arrested. Thus, one thing is for sure, none of this is good, and that is where Florida’s expungement and sealing relief comes into play.

Having a criminal record expunged or sealed results in the same legal consequence. In other words, that the criminal records become legally protected as a “confidential” record and hence, no longer subject to public records laws. In turn, what this means is that neither the government nor the public will have access to the record of that arrest unless they petition a court and the court signs an order granting access. (An unusual event).

an application for employment

Expungements and Sealings

Nevertheless, the Florida Legislature vis a vis the Florida Statutes for expungements and sealings carved out certain exceptions where people must voluntarily disclose (i.e., be forthcoming and tell the truth!) about criminal records which have been previously expunged or sealed. Why you might ask? Because of the sensitive nature of the employment positions that this applies to. For instance, if you were looking to work for the Department of Children and Families, the Florida Legislature determined that it is in the public’s interest to have individuals applying for a job that deals with Florida’s children and family matters, to have an absolute truth involving a person’s criminal background; versus a limited legal truth, which is what expungements and sealings otherwise afford.

A second example that involves such an exception which requires full and truthful disclosure of any previous criminal arrest even if previously expunged or sealed, is The Florida Bar; which is Florida’s designated association that is in charge of regulating and disciplining all Florida licensed attorneys. Thus, again, here, the Florida Legislature determined that it is in the public’s interest to make sure that any applicant for admission into The Florida Bar must be absolutely forthcoming with regards to their previous criminal history.

Additionally, we welcome you to stay tuned to our Erase The Case Blog section where we will continue to examine and explain with more detail the positive benefits, neutral facts, and negative consequences involving criminal history record expungements and sealings.

Expungement Legal Consultation

If you have any specific questions, please do not hesitate to contact us for a free legal consultation.

 

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David Weisselberger
Author | Founder
"David Weisselberger is the founder of Erase The Case. He completed his Bachelor of Arts at the University of Florida, & also his Juris Doctor from UM School of Law. Afterwards, He has been working as a former Miami-Dade County Assistant Public Defender. Also, as a solo lawyer and former associate at South Florida’s honored Saban & Solomon Law Firm. He has learned firsthand the effects people face from having a public criminal arrest record mark their lives. Therefore, David has always been working hard to help people get rid of haunting crimnal past and have a second chance in life"

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We have provided more expungements than any other law firm in the state of Florida, but don't just take our word for it.  
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  • google logogoogle reviews stars
    "My experience with this law firm was exceptional. After submitting the required documents, they took care of everything with ease, professionalism, and expediency. I was kept informed throughout the process. In only 3 months, all record of my case was erased from my background check. I used the "expunge now, pay later" option, which let me pay the fee over time with Affirm."
    Lee County
  • google logogoogle reviews stars
    "I'm beyond happy right now, I contacted David about my case few months ago and right away he was able to help me , the whole process was very easy they kept me updated every step now my case is sealed.very professional I recommend this firm, if I can give more than 5 stars I would. "
    Miami-Dade County
  • google logogoogle reviews stars
    "I would recommend anyone that has a background to use Erase the Case Services. David is a great lawyer answers all of your questions keeps you updated during the process. The staff there are excellent people very professional. The process doesn't even take long!"
    Broward County
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    "After having doubts about Erase the case the expungement law firm, David and his team gave me the piece of mind I've been searching for after successfully expunging my case... I 100% recommend Erase the case to anybody in need of help. Again, thanks David for everything."
    Orange County
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    "It was such a clear and straightforward experience all the way through, I'm grateful and thankful that I found their services! Companies like this give hope to those that have had hardships in life a chance to a better future. Erase the Case did an amazing job, they stand on behalf of those looking to change their lives for good! Thank you."
    Hillsborough County
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    "David is extremely professional and knowledgable in his craft. He and his team will ensure you receive excellent legal care and advice. I highly recommend him to anyone looking for representation that you can trust and at reasonable retainers. Do not hesitate to reach out. Thanks David"
    Palm Beach County
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    "Erase the case has been a pleasure to work with. Attorneys are respectful of your situation and provide realistic honest expectations. They are very responsive and there if you need to contact them. It's great to be able to speak directly with the attorney regarding any issue."
    Duval County
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    "Great communication and keeping me updated with the process. He handled everything so professionally and kept in the loop at all times. I highly recommend EraseTheCase! Thank you so much for your assistance with my case."
    Pinellas County
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    "David made the process simple and thoroughly explained everything. He made himself available to answer questions and was timely in responding to emails. He is very knowledgeable In this area and I would recommend him to anyone looking to complete this process."
    Polk County
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