What can employers and landlords see after my record is sealed in Florida?

Sealing is mostly about background checks. Once a court orders a record sealed, the Florida Department of Law Enforcement (FDLE) stops releasing it to the public, and the law lets you answer most questions as if the arrest never happened. Expunction goes further: agencies destroy their copies. How the firm handles both is on our records expungement page.

What happens to the record after the order, step by step?

1. The judge signs the order. Sealing is never automatic after a petition; the court decides "at the sole discretion of the court" (s. 943.059(4)(e)). Getting to this point is covered in how to seal or expunge a record, step by step.
2. The clerk sends certified copies. They go to the State Attorney and the arresting agency, and to any agency the court records show received the record (s. 943.059(5)(b)).
3. The arresting agency passes it on. It must forward the order to every agency it shared the record with, and FDLE forwards the order to the FBI (s. 943.059(5)(b)).
4. FDLE complies and notifies. FDLE seals its record and sends a letter to the arresting agency and the other criminal justice agencies involved.
5. Public checks stop showing it. The sealed record becomes confidential and is available only to the people and bodies the statute lists (s. 943.059(6)(a)).

Who still sees a sealed or expunged record?

For a sealed record, the listed bodies can see the whole record. For an expunged one, FDLE keeps a copy but releases it only on a court order; most listed entities are told only that a record exists, and FDLE says their search returns "Criminal History Record Expunged Pursuant to Florida Statutes 943." Employees of those bodies who leak a sealed record's existence to anyone outside the hiring or licensing decision commit a first-degree misdemeanor (s. 943.059(6)(d)).

Can I really say "no" on a job application?

Yes, outside the listed exceptions. The subject of a sealed record "may lawfully deny or fail to acknowledge the arrests covered by the sealed record" (s. 943.059(6)(b)), and the same words appear for expunged records (s. 943.0585(6)(b)). The statute adds that a person may not be charged with perjury or held liable for a false statement for failing to recite or acknowledge the record (ss. 943.059(6)(c), 943.0585(6)(c)). That protection covers the arrest in the order only. A second, unsealed arrest still has to be answered truthfully.

The exceptions matter most for people heading into teaching, nursing, child care, law enforcement, law school or the insurance business. If the application comes from one of the listed bodies, answer fully and let the record speak for itself.

Where do employers and landlords get records in the first place?

Adult Florida criminal history is public unless sealed or expunged. FDLE sells it to private employers and other noncriminal requesters for $24 per name (s. 943.053(3)(a), (e)). When a state law requires a background check, the Florida part must come from FDLE, and a private vendor may supply it only if the vendor gets it directly from FDLE for each request (s. 943.053(12)). After sealing, those FDLE checks no longer return the arrest to private requesters.

The gap is copies made earlier. FDLE warns that a sealing or expunction order "cannot eliminate all information" from the internet, that mugshot and arrest sites run by private companies are not subject to the order, and that FDLE has no power to make them delete anything. FDLE notes that some of these companies may be consumer reporting agencies covered by the federal Fair Credit Reporting Act. Booking photographs have their own Florida removal rule, explained in how to get a mugshot taken down. The court file is covered in whether sealing removes a case from the clerk's website.

What changes the answer?

• Sealing versus expunction. The expunction exception list has nine items and leaves out firearm purchases and concealed weapon licenses; the sealing list has eleven (ss. 943.059(6)(b), 943.0585(6)(b)).
• A sealed withhold, ten years on. A record sealed because adjudication was withheld can become eligible for expunction after it has been sealed for at least 10 years, if otherwise eligible (s. 943.0585(1)(g), (h)).
• Automatic sealing. A record sealed automatically after a dismissal or acquittal has "the same effect" as a court-ordered sealing (s. 943.0595(3)(d)), but local agencies keep their own copies (s. 943.0595(3)(c)). See whether your record was sealed automatically.
• Juvenile records. Most are confidential already and are expunged by law at 21 or 26 (s. 943.0515), as covered in whether a juvenile record can be expunged.
• How the case ended. An adjudication of guilt cannot be sealed at all (s. 943.059(1)(b)). Whether the plea included a withhold is explained in what a withhold of adjudication is.
• DUI and criminal traffic. FDLE checks driving records when deciding eligibility, and a DUI conviction cannot be sealed; see whether a DUI can be sealed or expunged.
• Federal and out-of-state checks. FDLE forwards the order to the FBI (s. 943.059(5)(b)), but other states and federal agencies apply their own rules. Have any out-of-state application reviewed.

A worked example

For example, picture a hypothetical woman in Delray Beach whose 2019 possession charge ended with adjudication withheld after she finished probation, and whose record a judge later sealed. She applies for an office manager job at a private company and for an apartment in Boca Raton. Neither employer nor landlord is on the exception list, so she may answer "no" to an arrest question, and an FDLE check requested by either one would not show the sealed arrest. Two years later she applies to work as an aide at a public elementary school. A school district is on the list (s. 943.059(6)(b)6.), so she must disclose the sealed arrest, and the district can see the whole record. If a private mugshot site still shows her old booking photo, the sealing order alone will not remove it. This illustration is not a prediction for any case.

Common mistakes people make

• Denying a sealed arrest on an application from a school, a health care employer or a criminal justice agency, which are listed exceptions.
• Forgetting that the right to deny covers only the arrest in the order, not other arrests.
• Assuming sealing deletes copies held by background websites or news archives.
• Not keeping a certified copy of the order to show a screening company that reports an old arrest.
• Choosing sealing when expunction was available, without weighing the firearm and concealed weapon license differences.

What to do this week

1. Find your certified order and keep copies with your important papers.
2. Read each application's background question and decide whether the employer or licensing body is one of the listed exceptions.
3. If you are not sure the order was carried out, request a Personal Review of your FDLE record.
4. Search your name online and list any private sites still showing the arrest or booking photo.
5. If a background report shows a sealed arrest, send the screening company a copy of the order and ask for a correction.
6. Ask a lawyer whether a sealed record can later be expunged in your situation.

Frequently asked questions

Can a landlord see my sealed record?

Not from FDLE's public check, and landlords are not on the statute's exception lists, so you may deny the sealed arrest. Copies a private tenant-screening company collected before sealing are not covered by the order itself.

Will a sealed record show on a gun purchase check?

Yes. A sealed record stays available to criminal justice agencies for firearm purchase checks (s. 943.059(6)(a)3.), and buying from a licensed dealer is a listed exception (s. 943.059(6)(b)7.).

Can I lose my protection by lying on a listed application?

The no-perjury protection applies "subject to the exceptions" (s. 943.059(6)(c)). Denying a sealed arrest to a listed body is not protected.

Does a sealed record still count in a new criminal case?

Yes. A defendant in a criminal prosecution must acknowledge it, and judges and prosecutors can see it (s. 943.059(6)(a), (b)2.).

Where can I get free help with sealing in South Florida?

The Broward State Attorney's Office holds free sealing and expungement workshops every few months and answers eligibility questions at 954-831-6955. In Miami-Dade, the Public Defender runs a Redemption Hotline at 305-545-1616. Whether you qualify at all is covered in whether you are eligible to seal or expunge.

Does sealing remove the arrest from police records?

A court-ordered sealing goes to the arresting agency and those it shared with (s. 943.059(5)(b)). Automatic sealing does not require other agencies to seal (s. 943.0595(3)(c)).

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts. A sealed or expunged record only helps if it is the right remedy and the order is carried out, and he can review both. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If an old arrest is holding you back, a confidential call to (561) 362-6677 is a sound first step.

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