Thomas C. Grajek | August 14, 2026 | Criminal Defense
A criminal record can stay with you long after your case has ended, a weight that can be felt most when you’re searching for work. If you went through the process of getting your record sealed or expunged in Florida, chances are you did it to put that chapter behind you. The good news is that Florida law generally protects you from having to reveal a sealed or expunged record to most employers.
That said, there are exceptions depending on the type of job you’re applying for. A criminal defense attorney can help you understand how these rules apply to your situation. In the meantime, read on for more information.
The Difference Between Sealing and Expungement in Florida
Both sealing and expungement limit public access to a criminal history record, but they work differently. Florida addresses court-ordered sealing under Florida Statutes § 943.059 and court-ordered expungement under Florida Statutes § 943.0585.
When a record is sealed, it becomes confidential and is generally unavailable to the public. However, certain criminal justice agencies and other entities identified by Florida law can still access it for authorized purposes.
Expungement provides additional protection. An expunged criminal history record is generally unavailable to people or entities without a court order, although criminal justice agencies may retain a notation showing that the record was expunged.
When You Are Not Required to Disclose
You generally don’t have to disclose a sealed or expunged record when applying for most jobs. In fact, Florida law generally allows you to deny or fail to acknowledge an arrest covered by a sealed or expunged record unless an exception applies.
If a private employer asks whether you have a criminal history, you’re generally within your rights to say no. The same applies to written job applications. If the form doesn’t specifically ask about sealed/expunged records, Florida law allows you to deny they exist, broadly speaking.
Will a Sealed or Expunged Record Show Up on an Employment Background Check?
A properly sealed or expunged Florida record generally should not appear on a standard public criminal history background check. However, certain government agencies and other authorized entities may have access to information that is not available to the general public.
The level of access can also depend on whether the record was sealed or expunged and the type of position you are seeking. This is one reason it is important to understand the disclosure rules that apply to a particular job before answering questions about your criminal history.
Exceptions You Should Know About
Florida law does require disclosure in certain situations.
Depending on whether the record was sealed or expunged, exceptions can include:
- Criminal justice employment: Applying to work for a criminal justice agency
- The Florida Bar: Applying for admission to practice law
- Certain state agencies: Seeking specified jobs, licenses, or contracts with designated agencies
- Schools and child care: Applying for certain positions involving schools or child care
- Vulnerable populations: Seeking certain positions involving children, older adults, or people with disabilities
The exact exceptions differ in some respects for sealed and expunged records. If you are unsure whether a particular job requires disclosure, it is important to check the rules that apply before submitting your application.
Contact the Polk County Criminal Defense Lawyer at Grajek Criminal Defense Attorneys for Help Today
For most people with sealed or expunged records in Florida, the law provides important protections during a job search. However, certain jobs, licenses, and applications are treated differently, so knowing whether you must disclose your record matters.
Grajek Criminal Defense Attorneys can review your situation and explain what Florida law requires. Contact our Polk County criminal defense lawyer today to schedule an initial consultation and get answers about your sealed or expunged record.
Visit our convenient location:
Grajek Criminal Defense Attorneys
112 E Poinsettia St, Lakeland, FL 33803
(863) 688-4606
