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

Employment is a Major Problem for Floridians with Criminal Records

Sealing or expunging a criminal record has broad and extensive benefits for individuals trying to get back to work in Florida. Employers across the country are using background checks more and more, often times refusing to hire persons based on mere arrest records. The justifications used by these employers are rooted partially in morality but mostly as a method to protect themselves from civil liability.


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Why Florida Employers care about your Criminal History

Under legal theories called “vicarious liability,” an employer might be held liable for the actions of an employee. If an employee has previously committed a crime, whether a misdemeanor or felony, the employer could be forced to pay plaintiffs in later lawsuits if that employee hurts someone. The basic idea is that if an employer hires someone he or she knows to have committed a crime and that person commits another similar crime while on the job, the employer is responsible for damages because he or she hired negligently.

Lawsuits brought under this type of legal theory have forced employers to delve more and more deeply into the past of job applicants. A recent study by the Society for Human Resource Management found that 80% of employers now hired firms to perform background checks on potential employees. When faced with the decision between potential tort liability and giving someone with a mistake or two on his or her record a second chance, employers have no choice but to err on the side of caution and only hire people with spotless records. In times of high unemployment and slow economic growth, there are more than enough available workers circulating.

How you can use Florida Record Sealing Law to get Back to Work

Florida affords some people the right to have an arrest record either sealed or expunged. This prohibits background check firms as well as state agencies from circulating data about arrests that did not result in convictions. This process is designed to help everyone. Employers who could not possibly discover arrest records cannot be held liable for not knowing they existed. Employees with an arrest not resulting in a conviction of a misdemeanor or felony can get the fresh start they deserve, moving on with their lives and finding the employment they deserve. Finally, the public is also protected as more people go back to work. Additionally, there are protections for certain areas such as the practice of law or childcare where the information is still released, further offering protections for society at large.

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