When Do I Have To Tell That I Expunge/Sealed My Record?

Almost never. Florida law permits a person who has sealed or expunged a record to lawfully deny or fail to acknowledge the sealed or expunged arrests, except in limited situations. This is the main reason for expunging a record. The records are removed from public access. You, your attorney, law enforcement agencies and public licensing agencies are the only people and organizations allowed access. Additionally, it is a misdemeanor for anyone who has access to your record to reveal that your record has been sealed or expunged.

However, Florida law requires that you divulge expunged or sealed criminal records when:

• You are a candidate for employment with a criminal justice agency;
• You are a defendant in a criminal prosecution;
• You are applying for another record sealing or expunction;
• You are a candidate for admission to the Florida Bar;
• You are seeking employment, licensing or contract with the Department of Children and Family Services, Department of Juvenile Justice, or employment with or to be used by a contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled or the elderly;
• You are seeking employment with or licensing by the Office of Teacher Education, Certification, Staff Development, and Professional Practices of the Department of Education, any district school board, or any local governmental entity which licenses childcare facilities.

If you apply for licensing or employment by any of the entities mentioned above, your record is subject to disclosure and is not protected. It is, however, illegal for anyone to whom your record is disclosed to reveal information about your record to anyone except you or anyone having direct employment or licensing decisions.

Don't simply plead guilty to a crime without seeing what our very experienced Florida law firm can do for you. Our 24-hour telephone number is (866) 50-DEFEND or (866) 503-3336. The call is free and the initial consultation is free. We look forward to helping you and your family through this very difficult time.