Can you answer no if your record is expunged in Florida?
Asked by: Rosamond Feest I | Last update: February 2, 2026Score: 4.7/5 (42 votes)
Yes, in Florida, after a record is expunged, you can generally answer "no" to questions about arrests on most applications, but you must disclose the arrest history for specific jobs (like law enforcement, teaching, child care), when changing immigration status, or when seeking certain licenses (like joining the Florida Bar). An expunged record is removed from public view, but certain entities and situations still require you to reveal it, and lying can have serious consequences.
Do I have to disclose an expunged record in Florida?
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.
What is the new expungement law in Florida?
Automatic Juvenile Expungement - the criminal history record of a minor maintained by FDLE will automatically be expunged (by operation of law) at the age of 21, or (if the minor was committed to a juvenile correctional facility or juvenile prison) age 26, provided certain conditions are satisfied (i.e., not having ...
Will my expunged record show up on a background check in Florida?
When a record is expunged, it is physically destroyed by the Florida Department of Law Enforcement (FDLE), the Clerk of Courts, and the arresting agency. This means that once your record is expunged: It will not appear on most employer background checks. It will be as if the arrest or charge never happened.
How can you tell if your record is expunged?
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed. You can visit the courthouse in person, call them, or use an online search or contact tool (if available).
Can a Sealed or Expunged Record Affect Your Gun Rights?
How to answer questions about expungement?
My best advice is, if your record has been expunged, to answer any and all questions with the following phrase. “No arrest record.” I've spoken to other attorneys who have advised clients that, if the application asks for information about arrests, the expungement recipient may write “N/A” in the answer field.
Is it better to have your record sealed or expunged?
It's generally better to get a record expunged if you qualify, as it erases the record, making it as if it never happened and completely removing it from most background checks. Sealing a record hides it from public view, but law enforcement and some government agencies can still access it with a court order, making expungement the superior, though often harder to get, option for a truly clean slate.
Who can still see expunged records?
Police and other law enforcement agencies can access an expunged record only for certain purposes, such as if you apply for a law enforcement job or certification. In fact, if you seek employment as a police officer or similar role, you are required to disclose expunged convictions during the background process.
What disqualifies you from expungement in Florida?
In Florida, serious violent crimes, sex offenses, and certain severe felonies are permanently ineligible for expungement, including murder, sexual battery, kidnapping, arson, aggravated assault/battery, human trafficking, and domestic violence offenses, even if adjudication was withheld. The list, detailed in Florida Statute § 943.0584, covers offenses like terrorism, child abuse, elder abuse, and crimes involving minors or explosives.
Can the FBI see my expunged record?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
Is it better to seal or expunge?
It's generally better to get a record expunged if you qualify, as it erases the record, making it as if it never happened and completely removing it from most background checks. Sealing a record hides it from public view, but law enforcement and some government agencies can still access it with a court order, making expungement the superior, though often harder to get, option for a truly clean slate.
What charges are not eligible for expungement?
Crimes that generally cannot be expunged include serious violent offenses (murder, rape, aggravated assault, kidnapping), sex offenses (especially those involving minors or requiring registration), human trafficking, terrorism, arson, DUI/DWI (especially felony levels), domestic violence, crimes involving serious bodily harm or death, public corruption, and many serious traffic offenses, though specifics vary significantly by state. Federal convictions are also often ineligible, and some states bar expungement for repeat offenders or certain high-level felonies.
Can employers see expunged misdemeanors?
Recent legal changes now require misdemeanors to be automatically sealed after a period without further criminal activity. Under California law, employers may not access arrest information unless there is a pending arrest. They also cannot obtain details on convictions that have been expunged or sealed.
How many times can you get your record expunged in Florida?
In the state of Florida, you typically can only have your case sealed and expunged once in a lifetime. Under Section 943.059, Section 943.0585, or previous versions of those statutes, in Florida. With respect to the relief offered by these statutes, a person may only seal or expunge one arrest record in one proceeding.
What is the 90.408 rule in Florida?
Florida Statute 90.408 makes evidence of offers to compromise disputed claims, and statements made during those negotiations, generally inadmissible to prove liability or the claim's value, encouraging settlement by preventing parties from being penalized for trying to resolve disputes out of court, though such evidence can be admitted for other relevant purposes, like proving a fact related to ownership or credibility, not liability.
Will an expunged record show up on a background check in Florida?
Will an Expunged Record Show Up on a Background Check? ✅ No. Employers and landlords will not see an expunged record. However, law enforcement and government agencies may still access it in certain situations.
What if my expungement is denied?
A denied expungement petition can feel like a major setback, but it is not necessarily the end of the road. A Santa Rosa criminal defense lawyer can review the court's decision, identify any errors in the original petition filing or legal arguments, and explain your next legal steps.
How much does it cost to get an expungement in Florida?
In Florida, expunging a record involves mandatory state and court fees, including a $75 FDLE application fee and about $42 in court filing fees, plus costs for copies and certifications (around $1-$2 per page/cert), with total costs ranging from roughly $100-$200 for self-representation to $750-$1,500+ if hiring a lawyer, depending on case complexity, attorney fees, and ancillary costs like document retrieval.
Does expunged mean erased?
“Expungement” means the court orders law enforcement and all relevant court personnel to remove information about the expunged conviction or arrest from your record.
Who can view expunged records?
An expunged record is cleared from public background checks. Law enforcement agencies can still see an expunged criminal conviction for future criminal sentencing. The federal government still has access to criminal records even if they are sealed under state law.
What is the difference between sealing and expunging a criminal record in Florida?
The main difference between sealing and expunging is that when a case is expunged, the arresting agency, prosecution, and the probation officer's files are actually destroyed. Florida Department of Law Enforcement will keep a copy, however, it is not available to the public.
Is expunging your record worth it?
Yes, for most people, criminal expungement is highly worth it, offering significant benefits like better job and housing opportunities, easier access to education, and restored civil rights, effectively giving a fresh start by removing past convictions from public view. While the legal process can be complex and not all records are eligible (especially serious offenses like domestic violence), the rewards of clearing your name and unlocking future potential often outweigh the effort and cost, says Anshin Mobile Notary & LiveScan and Lohrke Law.
What to say to a judge for expungement?
Tell the Judge that you want to have your criminal record sealed, explain the charges you wish to erase from your record and that the proper time has passed. Explain to the Judge that you have been rehabilitated and why it is important to have your record sealed.
What crimes are not eligible for expungement?
Crimes that generally cannot be expunged include serious violent offenses (murder, rape, aggravated assault, kidnapping), sex offenses (especially those involving minors or requiring registration), human trafficking, terrorism, arson, DUI/DWI (especially felony levels), domestic violence, crimes involving serious bodily harm or death, public corruption, and many serious traffic offenses, though specifics vary significantly by state. Federal convictions are also often ineligible, and some states bar expungement for repeat offenders or certain high-level felonies.