If you have ever been in a job interview, then chances are you have had to answer the question, “Have you ever been arrested?” Because of how prominent the internet is today, along with the fact that all Florida records are made public, that will most likely be a rhetorical question. 

After being arrested, whether or not the charges were dropped or a jury found you “Not Guilty,” your arrest is still a public record. You can explain what happened and how nothing came of the charges, but it still might be something you want to be eliminated from your record.

Sealing means that the record will be confidential, and the public will not access it. However, certain governmental or related entities will have access to all of the information contained in the sealed record. Once your record is sealed, with very few exceptions, you can then legally deny or fail to acknowledge that the arrest ever happened. After your record has been sealed for a period of time, you may be eligible to have it expunged.  

Some of the exceptions include:

• • Employment with a criminal justice agency;
  • A candidate for admission to The Florida Bar;
  • Seeking employment, licensed by, or contracted with:
    • • The Department of Children and Family Services
      • The Department of Juvenile Justice
      • The Department of Education
      • A local government agency that licenses child care facilities

Unlike sealing, when your record is expunged, it should not show any arrest record at all. As with sealing, once your record is expunged, with very few exceptions, you can then legally deny or fail to acknowledge that the arrest ever happened.

You may be eligible to have your criminal record expunged if the charges were dismissed and you have never been adjudicated guilty of any other crime. 

After having your criminal record expunged, it is unavailable to the general public, future employers, or other inquiring parties.

However, the Florida Department of Law Enforcement can disclose the existence, but not the contents, of an expunged criminal record if you seek employment, membership, or licensed with any of the following:

• A Criminal Justice Agency
• The Florida Bar
• The Department of Children and Family Services
• The Department of Juvenile Justice
• The Department of Education
• A local government agency that licenses child care facilities

Remember, if you are adjudicated guilty in court, this means you can not have your record sealed or expunged. For this reason, it is always important to have an attorney with you when you are in court.  Here at Gans Law, we have plenty of experience in the seal and expungement process of criminal records and can help you with what can be a very complicated and important task.

Call us now for a free evaluation to determine whether you’re eligible for our sealing and expungement services. We serve all of Central Florida including Orange, Osceola, Seminole, Volusia, Lake, Polk, and Hillsborough counties.