Matters Excluded From Non-Disclosure
Once sealed, the arrest
is deemed never to have occurred for all purposes excluding the following:
Application for
employment with a criminal justice agency;
A new criminal
prosecution;
A new petition for record
sealing;
Admission to the Florida
Bar Association
When seeking to be
employed or licensed with the Department of Children and Family Services 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 developmentally
disabled, the aged, or the elderly as provided in s. 110.1127(3), s. 393.063,
s. 394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s.
415.102(4), s. 415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
When 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;
When attempting to
purchase a firearm from a licensed importer, licensed manufacturer, or licensed
dealer and is subject to a criminal history background check under state or
federal law; or
When seeking
authorization from a Florida seaport identified in s. 311.09 for employment
within or access to one or more of such seaports pursuant to s. 311.12 or s.
311.125.
(b) Subject to
the exceptions in paragraph (a), a person who has been granted a sealing under
this section, former s. 893.14, former s. 901.33, or former s. 943.058 may not
be held under any provision of law of this state to commit perjury or to be
otherwise liable for giving a false statement by reason of such person’s
failure to recite or acknowledge a sealed criminal history record.
(c) Information
relating to the existence of a sealed criminal record provided in accordance
with the provisions of paragraph (a) is confidential and exempt from the
provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
except that the department shall disclose the sealed criminal history record to
the entities set forth in subparagraphs (a)1., 4., 5., 6., and 8. for their
respective licensing, access authorization, and employment purposes. It is
unlawful for any employee of an entity set forth in subparagraph (a)1.,
subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or subparagraph
(a)8. to disclose information relating to the existence of a sealed criminal
history record of a person seeking employment, access authorization, or
licensure with such entity or contractor, except to the person to whom the
criminal history record relates or to persons having direct responsibility for
employment, access authorization, or licensure decisions. Any person who
violates the provisions of this paragraph commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
Disqualifying Charges for Expunction/Sealing
A request for a
certificate of eligibility for an expunction or sealing of a criminal history
record will be denied if the defendant was found guilty or pled guilty or nolo
contendere, even if the adjudication of guilt was withheld, on any violation of
the following:
1. Arson
2. Aggravated
Assault
3. Aggravated
Battery
4. Illegal
use of explosives
5, Child
abuse or Aggravated Child Abuse
6. Abuse
of an elderly person or disabled adult
7. Aircraft
piracy
8. Kidmapping
9. Homicide
10. Manslaughter
11. Sexual
Battery
12. Robbery
13. Carjacking
14. Lewd,
lascivious, or act upon or in the presence of a child under the age of 16 years
15. Sexual
activity with a child, who is 12 years of age or older but less that 18 years
of age, by or at solicitation of a person in familial or custodial authority
16. Burglary
of a dwelling
17. Stalking
and Aggravated Stalking
18. Act
of Domestic Violence as defined in s.741.28
19. Home-invasion
Robbery
20. Act
of Terrorism as defined by s.775.30
21. Manufacturing
any substances in violation of chapeter 893
22. Attempting
or conspiring to commit any of the above crimes
