Seal FL Records Record Sealing and Employers Choosing Attorneys Benefits of Sealing FL Record Sealing Law

Florida Employment and the Law

One of the most pressing issues facing unemployed workers who want to re-enter the workforce concerns what information about an applicant’s history an employer is able to use and how that information may be obtained. There is a lot of law on the subject, coming from both the State of Florida as well as Federal sources, such as Title VII of the Civil Rights act of 1964.

Unfortunately, a person attempting to re-enter the workforce in Florida has some of the lowest protections and guarantees of privacy in the United States. Florida has made the policy decision to release criminal record history in both individualized requests as well as background checks. All records of arrests are to be released, unless the record is sealed or expunged. There are no restrictions on the access to criminal history information by the private sector or non-criminal justice agencies. Anyone can request as much criminal history information as often as he or she wishes and Florida will comply.

The way in which the information may be used is somewhat restricted, but a savvy employer worried about tort liability (or who hires a lawyer) can get the information. Florida generally protects against denying a person based on an arrest or conviction. However, the employer can often give a reason that the conviction or arrest relates directly to the job and can then deny employment accordingly.

The best way of ensuring that criminal history information is not used against you is to make it as difficult as possible to access. Florida allows people with arrests that did not result in a conviction to seal the arrest records once. By doing so, only limited state agencies are able to see your arrest record. Very few public entities should ever learn that it exists.

What Records an Employer Can Get from a Background Check

When an employer performs a criminal background check, he or she will see everything that has occurred in any brushes with the criminal justice system unless the record has been sealed or expunged. It is the policy and law of the state of Florida to release all records, even those without dispositions. Florida will release juvenile records prior to October 1994 if the crime would have been a felony and prior to June 1996 if it would have been a misdemeanor.

A sealed record will only appear when a certain type of employer asks for the record from the state police. Most employers not be given any information regarding the sealed arrest record. Certain agencies specified by statute will receive the arrest record, such as law enforcement agency, the department of juvenile justice, a contractor or licensee dealing with children, the department of education, any public or private school, and the Florida Bar Association.

Expunging a record provides even more privacy and protection from unjust employment actions. Like with a sealed record, most employers will receive no information from the state police when performing a background check. Unlike a sealed record, those few agencies which do receive the information will not get the specifics. Instead, they will simply see that a record was expunged.


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Employment Help and Tips for Floridians

Arrest records are keeping Floridians out of work, often unjustly. Whether for a misdemeanor or a felony, arrest records can appear on background checks and exclude otherwise productive and safe members of society from finding and maintaining gainful employment. The first step is always to seal or expunge any arrest record that did not result in conviction. However, people attempting to re-enter the workforce are often at a loss for the tools and tips necessary to find a long-term career.

EmployFlorida.com provides predictions with estimates of future job openings both by region and profession. While the actual predictions may be accessed here, there are a few promising industries both nationally and state-wide that bear mention. Common jobs such as cashiers, wait staff, and retail salespersons are all expected to increase at between 1 and 2% per annum, with a predicted increase of about 37,000 jobs total. Home Health Aides are anticipated to increase by the largest percentage, 5.1%, though this is only an increase of 2,000 jobs. Construction Laborers and Carpenters likewise show a large anticipated percentage of gain, but only about 2,000 total jobs per category.

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