Benefits of Sealing Your Florida Record - Having the Florida Record Expunged

An arrest on your Florida record is detrimental to potential job prospects. With more than 80% of employers performing background checks, obtaining a job with a record is more difficult than ever. Unfortunately, something as simple as an arrest, can have such a harmful effect on your day-to-day life. On top of that, any person with internet access and a credit card can order a background check on anyone.

Florida Arrest Records can be Obtained by the Public, Unless the Record is Sealed

An employer might be able to discriminate using an arrest record, depending on how the employer uses the information. No employer, regardless of the state, is supposed to discriminate based solely on an arrest record. This includes both hiring and firing decisions. However, an employer is often allowed to consider an arrest record as a factor in deciding whether or not to hire an applicant.

Unlike some states that forbid an employer from asking certain questions, Florida has not enacted any statutes controlling whether employers may obtain criminal history information for employees or job applicants. The Fair Credit Reporting Act (FCRA) controls what type of arrest records may be reported in a consumer report, which is what an employer would receive if he or she hires a company to perform background checks on potential employees. The statute forbids reporting any arrest records, civil suits, or civil judgments that were entered 7 years or more before the background report is issued. An exclusion allows agencies to report all arrests that have ever occurred if the report is used in connection with the employment of any individual who will have an annual salary that equals or may be reasonably expected to equal $75,000.