Who Can See Your Expunged Records in Florida?

David Weisselberger | May 26, 2024

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A criminal record hinders people from attaining better opportunities in life. And individuals who wish to free themselves from the restraints of a criminal record are ideal candidates to have their records sealed or expunged. But before you head on and learn about the process, keep in mind that expunging a criminal record in Florida is different from sealing. 

When a record is sealed, the documents still exist but are protected from public view. During a background check, the employer has no access to any of your criminal history. Only legal authorities are the people who can see expunged records in Florida. On the other hand, an expunged record is totally erased, no legal record will be left behind regarding your criminal record.

Who Can See Expunged Records in Florida?

In Florida, expunged records are generally inaccessible to the public. However, certain entities, such as law enforcement agencies, criminal justice agencies, and some state licensing boards, can still view them. According to FDLE, here are the entities that can access your expunged records:

  • Law Enforcement: Police and other criminal justice agencies can view expunged records during investigations.
  • Certain Employers: If you apply for a job in law enforcement, education, or a role involving children or the elderly, the employer may see your expunged record.
  • The Courts: Judges can access expunged records for specific legal proceedings.

Do I Have to Disclose an Expunged Felony in Florida?

In Florida, you typically do not have to disclose an expunged felony 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 5 circumstances that you need to reveal your expunged records:

  • Government Jobs and Specific Professions: Careers in law enforcement, education, or those involving childcare or eldercare must 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 attorney is always a wise move.

Will My Expunged Record Show Up On a Background Check in Florida?

In Florida, an expunged record should not show up for anyone, such as during background checks performed by private employers, landlords, and other non-exempt businesses.

But law enforcement officers, some licensing boards, and federal organizations may still have access to your records sealed or expunged. There will be times where police can see expunged records.

Also Read: Do Your Expunged Records Show Up on A Fingerprint Background Check?

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Removing Your Expunged Records

Remove your expunged records with the help of a well-experienced criminal case attorney. Start with EraseTheCase to find out if you are qualified. Get a second chance in life with expungement and sealing of your records. For detailed process of removing expunged records, read this article.

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David Weisselberger
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"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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    "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
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    "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. "
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