Expungement / Sealing of Florida Records:
Is My Record Really Sealed or Expunged?

When you seal or expunge your Florida criminal history record, using the process in Sections 943.0585 or 943.059, Florida Statutes, certain entities will have authority to access your sealed record or to receive a notice that your record has been expunged. In at least these circumstances, you will have to acknowledge your arrest related to your sealed or expunged record.

Below are some examples of when your sealed record will be accessible to specific people and entities, for specific uses. If your record is sealed, Section 943.059, F.S., requires that you acknowledge the arrest(s) in your record in all of the situations listed below:

• If you apply for a job with a criminal justice agency;
• If you are a defendant in a criminal case;
• If you try to have a different criminal history record sealed or expunged;
• If you apply to be a lawyer in Florida;
• If you apply for a job with or to be licensed by or to contract with the Department of Children and Family Services, the Division of Vocational Rehabilitation in 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;
• If you apply for a job with or to be licensed by the Department of Education, any district school board, any university laboratory school, any charter, private, or parochial school, or any local governmental entity that licenses child care facilities;
• If you apply for employment in or access to a Florida public seaport; and
• If you attempt to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer.

If your record is expunged, Section 943.0585, F.S., requires you to acknowledge the arrest(s) in your record in all but the last of the situations listed above.

In addition, Florida law requires FDLE to provide judges in the Florida state court system with online access to criminal history record information, including sealed records, to assist the judges in their case-related decision-making responsibilities. (Sections 943.059(4) and 943.053(5), Florida Statutes.)

Federal agencies may also have access to sealed records, including the military.

If you have a juvenile record expunged under the prearrest or postarrest juvenile diversion expungement process in Section 943.0582, Florida Statutes, the results are different than what is explained here. Please see Juvenile Diversion Expungement for more information.

Can private employers access my sealed or expunged Florida criminal history record?

Many private sector employers review the criminal history records of people applying for jobs. This type of background screening often includes a check of criminal history records with state and local criminal justice agencies. It may include a review of records in every state where the applicant ever worked or resided.

To access criminal history records in Florida, these employers may likely try to review records on file with the Florida Department of Law Enforcement (FDLE), local law enforcement agencies, and courts. The law provides that, if you have a Florida criminal history record sealed or expunged, these private employers, with few exceptions, should not have access to the record through the above entities.