Who Can View Your Criminal History Record Once It's Sealed?

Getting your criminal record sealed or expunged can make a significant difference in your future. Once it has been effectively sealed through Florida criminal record sealing procedures, your criminal history record will no longer be available to the general public and can no longer haunt you.

Effect of Criminal History Record Sealing in Florida

A criminal history record of a minor or an adult which is ordered sealed by a court of competent jurisdiction pursuant to this section is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and is available only to the person who is the subject of the record, to the subject's attorney, to criminal justice agencies for their respective criminal justice purposes, or to those entities set forth in subparagraphs (a)1., 4., 5., and 6. for their respective licensing and employment purposes.

1. The subject of a criminal history record sealed under this section or under other provisions of law, including former s. 893.14, former s. 901.33, and former s. 943.058, may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record:

Is a candidate for employment with a criminal justice agency;

Is a defendant in a criminal prosecution;

Concurrently or subsequently petitions for relief under this section or s. 943.0585 or s. 943.059

Is a candidate for admission to The Florida Bar;

Is seeking to be employed or licensed by or to contract 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 as provided in s.110.1127(3), s.393.063, s.394.4572(1), s.397.451, s.402.302(3), s.402.313(3), s.409.175(2)(i), s.415.102(4), chapter 916, s. 985.644, chapter 400, or chapter 429;

Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities; or

Is seeking authorization from a Florida seaport identified in s.311.09 F.S. for employment within or access to one or more of such seaports pursuant to s.311.12 F.S. or s.311.125 F.S.

Is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is the subject to a criminal history background check under state or federal law.

Obtain a Clean Slate on Your Criminal Record

Your arrest record never fully goes away until you take proactive steps to remove it from the system. Until your record is sealed or expunged, your criminal history record will be available through a simple background check and can reveal:

Records of your criminal arrest

Information regarding motions filed in your criminal case

Criminal charges filed against you

Plea agreements accepted in your criminal case

Pretrial diversion programs that you participated in

Disposition of your case (withheld adjudication, diversion, not guilty, etc.)

Once your records are sealed or expunged, you can legally say that the arrest never occurred on job applications, college applications, loan applications, in candidate interviews, etc.