Who Is Entitled To See My Record After Being Sealed Or Expunged

A Sealed criminal history record may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record: 

  1. Is a candidate for employment with a criminal justice agency;
  2. Is a defendant in a criminal prosecution;
  3. Concurrently or subsequently petitions for relief under Section 943.0585 or Section 943.059 or Section 943.0583;
  4. Is a candidate for admission to The Florida Bar;
  5. Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the disabled, or the elderly;
  6. Is seeking to be employed or licensed by 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; or
  7. Is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is the subject to a criminal history background check under state or federal law.
  8. Is seeking to be licensed by the Division of Insurance Agent and Agency Services within the Department of Financial Services
  9. Is seeking to be appointed as a guardian pursuant to Section 744.3125; or
  10. Is seeking to be licensed by the Department of Agriculture and Consumer Services to carry a concealed weapon or concealed firearm. This subparagraph applies only in the determination of an applicant's eligibility under Section 790.06.

When a record is expunged, all entities listed above except #7 and #10, will receive the subject's name and address information and a statement that criminal history information has been expunged, the recipient will not see the details of the arrest, any charges filed, or their disposition.

When a record is sealed, all entities listed above, will receive the sealed arrest event and with a statement that the criminal history information has been sealed.

Contact us

John P. Rutkowski, criminal defense attorney, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving Under the Influence and Traffic law. Contact us today to schedule an initial consultation.

Menu