An arrest alone, even without a conviction, can appear on a standard background check. Most people assume only convictions show up. That assumption is wrong, and it can cost a job offer or a lease.
What shows up on a Florida background check after an arrest?
Arrest records are public in Florida. The arrest itself, the charges filed, and the disposition of the case, whether it was dismissed, resulted in a plea, or went to trial, can all appear on a background check, even if the case never resulted in a conviction.
Are there federal limits on how far back an employer’s background check can go?
Yes, with an important limit on what it covers. Under the Fair Credit Reporting Act, third-party background check companies generally cannot report a non-conviction arrest if it is more than seven years old. This limit applies specifically to arrest information reported by consumer reporting agencies for standard employment screening. It does not apply to convictions, which can generally be reported indefinitely under federal law, and it does not apply if an employer or another party searches court records directly rather than going through a background check company.
Does a dismissed charge automatically disappear from a background check?
Not automatically, in most cases, but Florida does have a real exception worth knowing about. Under Fla. Stat. § 943.0595, cases that end with no charges filed, a dismissal, a not-guilty verdict, or an acquittal on all counts are eligible for automatic sealing, as long as the offense is not a forcible felony. Outside of that automatic provision, a dismissed charge remains publicly visible until sealing or expungement is actively pursued.
What is the difference between sealing and expungement in Florida?
Sealing restricts a record from public view while keeping it accessible to certain government and law enforcement purposes. Expungement goes further: FDLE physically destroys the record in most cases, with limited exceptions. Sealing is typically available when adjudication was withheld. Expungement typically requires that the case was dismissed, no charges were filed, or you were found not guilty, with no adjudication of guilt at any point.
How many times can a record be sealed or expunged in Florida?
Generally once in a lifetime. Florida law allows most people only one sealing or one expungement, ever, regardless of how many separate cases they may otherwise qualify for. This makes the decision of which case to seal or expunge, when more than one might qualify, worth getting right the first time.
What disqualifies someone from sealing or expungement in Florida?
Any prior adjudication of guilt, meaning an actual conviction, permanently bars both sealing and expungement of any record, including convictions from other states. A specific list of offense categories under Fla. Stat. § 943.0585 and § 943.059 is also disqualifying regardless of how the case was resolved, including many forcible felonies and certain sex offenses.
How long does the sealing or expungement process take in Florida?
Longer than most people expect. The first step, an FDLE Certificate of Eligibility, currently takes more than 12 weeks from a complete application. After that, a court petition, service on all parties, and a hearing still have to happen. The full process, from application to a final court order, typically takes six months to over a year, depending on the county.
Can I deny an arrest after it has been expunged in Florida?
In most contexts, yes. Once a record is expunged, you can generally deny the arrest ever happened. There are specific statutory exceptions: applying for a position in criminal justice, applying to the Florida Bar, purchasing a firearm, and certain positions working with vulnerable populations all still require disclosure.
If you have an arrest on your record
Given the once-in-a-lifetime limit and the months-long process, it is worth checking eligibility for sealing or expungement before a background check causes an actual problem, not after. See our Legal Terms Glossary for how terms like adjudication withheld and disposition are defined, and our Criminal Case Timeline for what happens between an arrest and a final disposition.
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