When a record is sealed, the documents still exist but are protected from public view. During a background check, employers do not have access to your criminal history. Only authorised law enforcement agencies are permitted to view expunged records in Florida.
In contrast, an expunged record is completely erased, leaving no legal documentation of your criminal history. However, certain entities may retain limited access to these records under specific legal circumstances. This article will explain which entities can access your expunged or sealed records in Florida. Read on!
Do Expunged Records Show Up On a Background Check in Florida?
In Florida, expunged records will not appear on background checks conducted by government agencies unless the agency is among the few specified in Florida Statutes § 943.0585. Those agencies may still access the record under limited and confidential circumstances.
However, expungement does not automatically remove your record from the databases maintained by private background check companies. These private data brokers often collect and store public records or mugshots before expungement, and they do not receive automatic updates when a record is later expunged.
As a result, unless you take proactive steps to notify and request removal from these private entities, your expunged charge may still appear in commercial background checks run by landlords, employers, or third-party screening services.
To fully clear your background, additional work is often required to identify the private background check companies that have your information and submit removal or update requests to each one individually.
This process, commonly referred to as background check removal, is a crucial follow-up step after expungement to ensure your record does not continue to cause issues in housing, employment, or other areas of life.
Also Read: Do Your Expunged Records Show Up on A Fingerprint Background Check?
Who Can Still See Your Expunged Records in Florida?
According to Florida Statutes 943.059 and 943.0585, under some circumstances, public government agencies, including law enforcement agencies, criminal justice agencies, and some state licensing boards, can still access your expunged records. Additionally, private background check companies that obtain information about your record before it has been expunged also retain access to it and may use that information for commercial purposes if you don’t send them a takedown request. Here are the entities that gain limited access to your expunged or sealed records in Florida:
Public Entities
Those seeking employment or licensing with any of the below, or applying to a criminal justice agency themselves, need to be aware that these entities might see their expunged records:
- Criminal justice agencies (courts, law enforcement agencies, prosecutors, FDLE itself, prison/jail systems, Dept of Juvenile Justice)
- Department of Children and Families (DCF)
- Agency for Health Care Administration
- Agency for Persons with Disabilities
- Department of Education
- Department of Juvenile Justice
- Florida Bar
- Division of Vocational Rehabilitation (Dept. of Education)
- Local governmental entities that license child‑care facilities
- Division of Insurance Agents and Agency Services (Department of Financial Services)
- Applicants for concealed weapon/firearm license by the Department of Agriculture & Consumer Services
- Contractors or licensees working with children, developmentally disabled persons, or elderly persons
Private Entities
Once a criminal record is expunged, private companies cannot legally access sealed or expunged information, and you can lawfully deny the existence of the record. However, many of these platforms (especially mugshot sites and non-FCRA-compliant brokers) may retain outdated or cached records, even after a case is expunged or sealed. In this case, you may need to send a DMCA takedown, FCRA dispute, or legal removal request to force deletion or correction. Some of the most popular private background check entities in this case include:
- TruthFinder
- BeenVerified
- Instant Checkmate
- GoodHire
- Intelius
Overall, your expunged record can be legally accessed only by certain government entities under specific confidential circumstances. For private companies, to minimise the risk of them forgetting to remove your criminal arrest record, it’s essential to take additional steps by submitting legal takedown requests to all background check companies. This process can be time-consuming and exhausting, and you may unintentionally overlook some companies. The best solution is to apply for background check removal services to ensure your criminal record is completely removed from the internet after the expungement.
Your background check holds you back?
Do I Have to Disclose an Expunged Record in Florida?
In Florida, you typically do not have to disclose an expunged record on job applications, rental agreements, or other forms requiring background information. However, there are exceptions for certain fields, such as law enforcement, education, and roles requiring state or federal security clearances. These positions may still require disclosure of expunged records. Understanding specific disclosure requirements is crucial for compliance. According to Florida Department of Law Enforcement, here are five circumstances which you need to reveal your expunged records:
- Government Jobs and Specific Professions: Careers in law enforcement, education, or those involving childcare or eldercare require you to know about your entire background. Disclosing the expungement during the application process ensures transparency.
- Court Proceedings: The justice system prioritizes truthfulness. Depending on the legal case, expungement disclosure might be mandatory.
- Professional Licensing: Certain professions have stricter requirements. If you’re applying for a professional license, disclose the expungement to avoid any complications.
- Firearm Purchases and Concealed Carry Permits: Background checks are a must for gun ownership. Expungement disclosure might be necessary when purchasing a firearm or applying for a concealed carry permit.
- Running for Public Office: Public trust is paramount in politics. Depending on the office you seek, disclosing the expungement might be necessary to maintain transparency with voters.
Remember, if you’re unsure about a specific situation, consulting a trusted Florida expungement lawyer is always a wise move.
How to Fully Protect Your Expunged Records
Understanding exactly who can access your expunged records and taking timely action to address potential vulnerabilities helps ensure complete confidentiality. Leveraging professional services tailored to remove outdated or incorrect records ensures your expunged information remains secure and confidential, safeguarding your reputation and enabling you to move forward confidently.
Ready to fully protect your expunged records? Visit our Florida Background Check Removal service page to start safeguarding your privacy today.
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