Will an expunged record show up on a background check in Florida?
Asked by: Fernando King | Last update: April 3, 2025Score: 4.1/5 (49 votes)
In Florida, an expunged record should not show up for anyone, such as during background checks performed by private employers, landlords, and other non-exempt businesses. But law enforcement officers, some licensing boards, and federal organizations may still have access to your records sealed or expunged.
Who can see my expunged record in Florida?
If you are seeking to be employed or licensed by 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 you wish to work with children, the elderly, or disabled people (mentally or physically), those ...
Will a sealed record show up on a background check in Florida?
If a Florida criminal record has been officially sealed or expunged, the FDLE will remove public access to it and will erase it from the person's criminal history. Any changes to the FCIC are forwarded to the NCIC, where the expunged/sealed records are redacted.
How long does it take for your record to clear after expungement in Florida?
On average, an expungement in Florida takes 5-7 months.
What disqualifies you from a level 2 background check in Florida?
Several disqualifying offenses can prevent you from passing a Level 2 Background Check in Florida. These include: Sexual offenses: Such as sexual battery, unlawful sexual activity with minors, and lewd and lascivious behavior. Violent crimes: Including murder, manslaughter, and aggravated assault or battery.
Do expunged charges show up on a background check?
Does expungement show on Level 2 background check?
The existence of expunged convictions that involve mistreatment of children or other vulnerable individuals may be legally reported in Level 2 background checks, though unsealing the details of those records typically requires a court order.
How far back does level 2 background check go in Florida?
In Florida, a level 2 background check might go as far back as seven years.
Will an expunged record show up on a federal background check?
Employment Screening
For the vast majority of jobs, you don't have to tell your employer about your expunged case, and they won't be able to find it. Expunged records show up on fingerprinting background checks, however, because they'll be run through the federal database.
How much does it cost to get something expunged off your record in Florida?
An expungement in Florida typically costs around $995, but can vary depending on attorney fees and the complexity of your case.
Do I have to disclose an expunged felony in Florida?
In Florida, you typically do not have to disclose an expunged felony on job applications, rental agreements, or other forms requiring background information. However, there are exceptions for certain fields, such as law enforcement, education, and roles requiring state or federal security clearances.
What companies can see expunged records?
- Criminal justice agencies (court administrative jobs, positions with juvenile court or state prisons, police officer jobs)
- Human service agencies (social work positions, probation officer positions, counselors)
- Department of Education (working in a public school)
What shows up on a background check Florida?
Background Information Includes: Criminal report, sex offender check, lawsuits, judgments, liens, bankruptcies, home value & property ownership, 30 year address history, relatives & associates, neighbors, marriage records, and more.
What is the difference between expunged and sealed records in Florida?
Expungement offers a higher level of privacy as the record is physically destroyed, except for a confidential copy held by the FDLE. Sealed records are simply hidden from public view but still exist and can be accessed by certain government agencies under specific circumstances.
Do expunged records show up on fingerprinting in Florida?
FBI background checks, particularly those using Live Scan fingerprinting, are comprehensive and can uncover expunged records. However, legal protections may prevent employers from considering expunged convictions during hiring. For more updated expungement law in Florida, read this: Florida New Expungement Law in 2024!
Can the government see expunged records?
Thus, private employers, friends, family members, etc., will no longer be able to see your expunged record. Government law enforcement agencies, on the other hand, will still have access to your criminal records even if they have been expunged.
What records Cannot be expunged in Florida?
- Arson.
- Aggravated Assault.
- Aggravated Battery.
- Illegal use of explosives.
- Child abuse or Aggravated Child Abuse.
What is the benefit of expungement in Florida?
Having your record sealed or expunged means that your criminal record will either be destroyed or removed from public access, making it confidential to the public, future employers, and common background searches, with certain limitations.
What happens after expungement in Florida?
Once FDLE seals or expunges the criminal history record, a notification letter will be sent by FDLE to the arresting agency and all criminal justice agencies involved with your case.
How do I clear my record in Florida?
In order to have a criminal history record sealed or expunged, you must first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement. After a Certificate of Eligibility is obtained, you can then petition the court for an order to seal or expunge your record.
Can I get a federal job with an expunged record?
Expunged Records
Besides narrow circumstances such as hiring for public safety-related positions (e.g., law enforcement) and those that require security clearances (such as some federal employment), an expunged record is unavailable to businesses and likely illegal to use for any employment purposes.
What fails a federal background check?
But it's not just crimes. Discrepancies in your employment or education history, major financial problems, or even lying on your application can trigger a failed check. For jobs requiring security clearance, a history of drug use, financial instability, or even risky personal relationships can raise red flags.
Do you have to disclose expunged records for security clearance?
If you do not disclose your expunged charges on your security clearance application, you could be denied a security clearance. You could also be subject to other consequences, such as disciplinary action from your employer or even criminal prosecution.
Does Florida follow the 7 year rule background checks?
How Far Back Do Background Checks Go in Florida? The FCRA has rules for how far back pre-employment background checks can go in Florida and elsewhere. Under this law, CRAs are forbidden from reporting arrest records that did not result in a conviction to be used for hiring decisions that are more than seven years old.
What is a red flag on a background check?
A red flag in a background check is anything alarming or concerning about a person's past. This could be a history of breaking the law, lying about work experience or education, or other serious issues. However, not all red flags are the same. Some might be small and not that serious, depending on the job.
What disqualifies you from a level 3 background check?
Level 3 Background Check Disqualifying Offenses
Identity Theft – Any involvement in stealing or misusing personal information. Fraud or Embezzlement – Engaging in deceitful activities, especially in financial or corporate settings.