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LAWFULLY DENYING ARRESTS

After a criminal arrest record is expunged or sealed, the record becomes non-public and hence designated as confidential. Consequently, if you were to be applying for a job (not listed below), you would have the legal right to deny or fail to admit that you were ever arrested for the expunged/sealed record and it would be telling the truth.

Alas, this benefit is not all encompassing. In other words, the Florida Legislature carved out a list of exceptions where a person must fully disclose that they’ve been previously arrest.

Again, yes, this means that you must be truthful about your criminal past even after your case was expunged or sealed. However, the list of exceptions is quite limited.

According to the expungement and sealing statutes – F. S. 943.0585(4)(a) and 943.059(4)(a) – a person must tell the truth about a previous arrest if he or she is:

    1. Applying for employment with a law enforcement agency;
    2. A defendant in a (new) criminal prosecution;
    3. A candidate for admission into The Florida Bar;
    4. Looking to enter into a contract with, or employed/licensed by the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice;
    5. 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 government entity that licenses child care facilities;
    6. Seeking to purchase a firearm from a licensed importer, licensed manufacturer or licensed dealer, and is subject to a criminal history check under state or federal law (this exception is only applicable to the sealing of criminal history records);
    7. Requesting authorization by a Florida seaport as listed in Section 311.09, Florida Statutes, for employment within, or for access, to one or more of the seaports listed pursuant to Section 311.12, Florida Statutes;
    8. Pursuing to be appointed as a legal guardian; or
    9. Seeking a concealed weapons carrying license.