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Expunging your Florida Criminal Record

Employers in Florida perform Criminal Background Checks

Having a Florida conviction on your record can keep you from moving on with your life. With more than 80% of employers performing background checks, obtaining a job with a record is more difficult than ever.

Florida has not enacted any statutes controlling whether employers may obtain criminal history information for employees or job applicants. Under Florida law, criminal history information may be provided to person or persons in the private sector and non-criminal justice agencies. There are no restrictions on the access to criminal history information by the private sector or noncriminal justice agencies based on the quantity or category of criminal history record information requested.

Florida law states that a person may not be disqualified from employment by the state of Florida, any of its agencies or political subdivisions, nor shall a person whose civil rights have been restored be disqualified to practice, pursue, or engage in any occupation, trade, vocation, profession, or business for which a license, permit, or certificate is required to be issued by the state because of a prior conviction of a crime. However, that restriction is not applicable in the following instances: (1) Prior conviction of a felony or first-degree misdemeanor and is directly related to the position of employment sought; (2) Law enforcement or correctional agency; (3) Fire Department may disqualify applicant for 4 years unless pardoned; and (4) Positions in counties and municipalities relating to positions deemed to be critical to security or public safety.

Expunge your Florida Criminal Record to Move On with your Career

Having your Florida record expunged frees you from your past mistakes and allows you to move on with your life and career. Under Florida law, any criminal record of a minor or adult that is ordered expunged by a court must be physically destroyed by any criminal justice agency except the department of law enforcement. The copy retained by the department of law enforcement is confidential and cannot be released under any circumstances except by court order. After the order of expunction, the person whose record has been expunged may lawfully deny or fail to acknowledge the arrest, except when he or she is:

  • (1) seeking employment with a criminal justice agency;
  • (2) the defendant in a criminal prosecution;
  • (3) petitioning for another expungement;
  • (4) is a candidate seeking admission to the Florida Bar;
  • (5) is seeking employment with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, 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 developmentally disabled, the aged, or the elderly;
  • (6) is seeking to be employed or licensed by the Department of Education; or
  • (7) is seeking authorization from a seaport for employment.

Are you Eligible to Expunge your Florida Criminal Record?

If you received withheld adjudication, were found innocent at trial, or charges were dropped before trial, you may be eligible to have your record sealed or expunged. The easiest way to determine if you are eligibile is to take RecordGone.com's free eligibility test here or by clicking on the image below.

Free Eligibility Test from RecordGone.com

If an employer in Florida hires a company to do a background check on me, how far back it look on my record?

Florida offers no protections other than those provided by the Fair Credit Reporting Act (FCRA). Consumer reporting agencies may deliver reports showing all of a person’s convictions and all arrests that occurred over the 7 years prior to the report.

How far back can an employer in Florida look on my record if he or she personally looks into my criminal history?

Florida will release all records, including those without dispositions, except those that have been sealed or expunged. Furthermore, it will release juvenile records prior to October 1994 if the crime would otherwise be a felony and June 1996 if a misdemeanor.

Applicable Law to Expunge your Florida Conviction

Free Eligibility Test from RecordGone.com

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