Understanding How Record Sealing and Expungement Affect Job Applications in Florida
Many people who have had their criminal records sealed or expunged assume they never have to think about those charges again. While sealing or expunging a record removes it from public view, the question of whether you must disclose it to employers depends on several factors. Florida law provides protections for individuals with sealed or expunged records, but certain exceptions apply. If you are applying for a job and unsure about your rights, knowing when and if you must disclose a sealed or expunged record is crucial.
Understanding the Difference Between Sealing and Expungement
Under Florida law, record sealing and expungement both serve to protect individuals from the long-term consequences of a criminal record, but they work differently.
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Sealing a Record (Florida Statutes § 943.059)
- When a record is sealed, it is hidden from public view.
- Government agencies can still access it under certain circumstances.
- The record still exists but is restricted from most background checks.
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Expunging a Record (Florida Statutes § 943.0585)
- When a record is expunged, it is physically destroyed except for a confidential copy retained by the Florida Department of Law Enforcement (FDLE).
- Most employers and agencies cannot see it.
- Even law enforcement cannot access it without a court order.
Both options provide significant benefits for individuals seeking employment, but whether disclosure is required depends on the employer and the nature of the job.
Do You Have to Disclose a Sealed or Expunged Record to Employers?
Under Florida Statutes § 943.0585(4)(a) and § 943.059(4)(a), if your record is sealed or expunged, you do not have to disclose it when applying for most jobs. In general, you can legally deny that the arrest, charge, or conviction ever occurred.
However, there are exceptions where disclosure is still required. Certain employers and agencies have the legal right to request information about sealed or expunged records.
Jobs That Require Disclosure of Sealed or Expunged Records
If you are applying for any of the following positions, you must disclose a sealed or expunged record if asked:
- Law enforcement or corrections jobs
- Includes police officers, probation officers, and state attorneys.
- Jobs in the criminal justice system
- Court-related positions, including public defenders and judicial officers.
- Employment involving children, the elderly, or disabled individuals
- School employees, daycare workers, healthcare providers, and assisted living staff.
- Positions requiring state or federal security clearances
- Military, government intelligence, and certain defense contractors.
- Jobs with the Florida Department of Education or Florida Bar
- Teaching and legal positions requiring professional licensure.
If you apply for any of these roles, your employer will likely be able to see your sealed or expunged record, and you must disclose it truthfully.
How a Sealed or Expunged Record Appears on Background Checks
For most private employers, a sealed or expunged record will not appear on a standard background check. If your record is sealed:
- The arrest, charges, and court records are no longer publicly available.
- Employers conducting standard background checks will not see the record.
- You can legally deny the existence of the charge.
If your record is expunged:
- The criminal record is removed from all public and government databases.
- Private background checks will not reveal any record of your arrest.
- You can legally deny the charge ever occurred.
However, if an employer is legally permitted to ask about sealed or expunged records, they may still require disclosure.
Consequences of Failing to Disclose When Required
If an employer falls under one of the exceptions and asks about your sealed or expunged record, failing to disclose it can result in:
- Termination if the record is later discovered
- Denial of a professional license
- Legal consequences if disclosure was required by law
On the other hand, if an employer does not fall under one of the exceptions and they ask about your record, you are legally allowed to deny it.
Steps to Protect Yourself When Applying for Jobs
If you have a sealed or expunged record, you need to know how to handle job applications properly.
1. Read the Job Application Carefully
Some applications explicitly ask about sealed or expunged records. Others may only ask about convictions. If the application does not specify, Florida law allows you to deny the existence of a sealed or expunged record.
2. Know Your Rights Under Florida Law
Employers who do not have an exception under Florida law cannot ask about sealed or expunged records. If an employer improperly asks, they may be violating state law.
3. Get a Copy of Your Background Check
Before applying for jobs, request a background check on yourself. This allows you to see what an employer might find and prepare for any questions.
4. Seek Legal Advice If You’re Unsure
If you’re unsure about whether you need to disclose your record, consulting a lawyer can help clarify your rights and prevent issues with future employment.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.
Florida Expungement FAQs
What is the difference between sealing and expunging a record in Florida?
A sealed record is hidden from public view but still exists within government agencies. An expunged record is physically destroyed, except for a confidential copy retained by the Florida Department of Law Enforcement (FDLE).
Do I have to disclose a sealed or expunged record to private employers?
No. Under Florida law, private employers cannot access sealed or expunged records, and you do not have to disclose them unless required by law.
Can law enforcement see my sealed or expunged record?
Law enforcement agencies can access sealed records but generally cannot access expunged records without a court order.
What jobs require me to disclose a sealed or expunged record?
If you apply for law enforcement, school positions, jobs involving vulnerable individuals, or roles requiring security clearances, you must disclose sealed or expunged records.
Will a sealed or expunged record appear on a background check?
For most employers, a sealed or expunged record will not appear on background checks. However, certain government agencies can still access sealed records.
Can I deny my criminal history on a job application if my record is sealed or expunged?
Yes, unless you are applying for a job that falls under the disclosure exceptions in Florida law. Otherwise, you are legally allowed to deny the charge ever occurred.
What happens if I fail to disclose a record when required?
If disclosure is required and you fail to provide truthful information, you could face termination, license revocation, or other penalties.
How long does it take to have a record sealed or expunged in Florida?
The process typically takes 6 to 12 months, depending on the complexity of your case and court processing times.
Can I apply to have multiple records sealed or expunged in Florida?
Florida law generally allows for only one criminal record to be sealed or expunged, with limited exceptions.
Can an employer deny me a job for having a sealed or expunged record?
If the employer does not fall under the exceptions in Florida law, they cannot legally base their hiring decision on a sealed or expunged record.