Who can see my Florida Criminal History after it has been Sealed or Expunged?

BinocularsAs a Jacksonville Criminal Defense Lawyer I have been approached on numerous occasions by clients with not so perfect Florida Criminal Histories. However, these blemishes on their records does not necessarily make them bad people, we all make mistakes and some mistake deserve to be erased. That is why I offer my current clients and potential clients who have Florida Criminal Histories the opportunity to have their Florida Criminal History Sealed or Expunged. With that being said, the number one question I address with my Florida Record Seal/Expunge Clients is “Who can see my Florida Criminal History after it has been Sealed or Expunged?

For the most part the answer is “no one.” However there are a few exceptions to that general answer. According to Florida Statutes, the following are exceptions and can see your Florida Criminal History even after it has been Sealed or Expunged.

  1. A criminal justice agency, state law enforcement agency, or federal law enforcement agency. For example, Jacksonville Sheriff’s Office, the Florida Department of Law Enforcement, and the FBI will still be able to access your Sealed or Expunged Florida Criminal History. Additionally, if you are seeking employment with any of these agencies, you will have to notify them of your sealed or expunged record and in some cases have the record unsealed.
  2. A prosecuting agency, US Attorney’s Office or State Attorney’s Office, will still have access to your records if you are subject of another Criminal Prosecution.
  3. A State Bar Association if you are applying to become an attorney within that State.
  4. 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 agencies have a right to inspect a sealed or expunged record.
  5. 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, that you are seeking employment with will require you to notify them of any Florida Criminal Histories that are Sealed or Expunged.
  6. If you are attempting to purchase a firearm or concealed carry permit, you are required disclose your sealed or expunged record.

These are the exceptions Florida law has carved out regarding Record Seals and Expunges. However, most private companies or business will not fall within these exceptions and therefore, when ask about your Criminal History, you do not have to state it. As a Jacksonville Criminal Defense Lawyer I would advise anyone who has trouble getting a job, loan, apartment, etc. to contact me today. I can review your Florida Criminal History and determine the best approach in proceeding forward with your Florida Record Seal or Expunction.

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