Download e-book Erasing Your Criminal Background Legally: FLORIDA Edition

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The sealed envelope is kept in a secure place out of public reach. A sealed record index is kept by each department and is not available to the public. A sealed record is authorized to be used in a manner consistent with statute.

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In the event a record is unsealed, the date of the unsealing and the name of the person using the record are recorded on the front of the envelope. When finished with the information, the record is resealed. Generally, expungement is a much stronger and more absolute remedy since it usually leaves no indication behind that information has been removed.

Furthermore, the process for expungement or sealing of a criminal record may vary by state.

Arrest Disposition Submission — FBI

For example, in Maryland and Missouri, you must file a petition for expungement with the court. New Jersey has a similar process, requiring that a petition for expungement be filed in the Superior Court in the county where the arrest or prosecution took place, and then allowing a judge to decide whether to grant an expungement order. In Massachusetts, a person can request that the commissioner seal a criminal record by filling out a form furnished by the commissioner and signing it under the penalties of perjury.

However, the procedures and implications of being granted a pardon can vary significantly by state. In some states, unlike an expungement which removes an arrest or citation from a record, a pardon appears on a record and indicates that the state has pardoned that individual for his or her crime.

Florida Bar Journal

Rather, it constitutes forgiveness. If granted, the individual is not required by law to disclose convictions. The individual is still required to disclose convictions when asked. The intended effect of the provisional pardon is to demonstrate to employers that the Board considers the applicant trustworthy enough to hire.

The applicant may also re-apply for an absolute pardon in one year. When the Board denies a petition or grants a provisional pardon, it provides the applicant with the reasoning underlying its decision, which allows the applicant to conform his [or her] conduct in a manner most conducive to securing a pardon. It is not uncommon for matters that are sealed or expunged at the local level to still appear in state or federal records due to lack of communication between agencies.

Further, private data aggregators that purchase and compile publicly available criminal records for resale may not receive updates when records are sealed or expunged.

Lookback periods: How far back are criminal records searched?

It is important that when criminal searches are performed for employment purposes that those records are verified at the local level to ensure accuracy. Employers must be aware of these laws and ensure that their hiring practices are in full compliance in order to avoid the possibility of being held liable for unlawful hiring practices. Download as PDF. William J. Meade et al. The Ohio record-sealing statute allows the state to use and provide information regarding a sealed record to licensing boards and specific employers who provide care services.

Is your second chance staring you in the face?

Ex-offenders who wish to pursue careers in childcare or healthcare can demonstrate their suitability for a position by notifying a potential employer that a conviction has been sealed, but they cannot hide a conviction in fields where the safety and well-being of others are of utmost concern. See Jagunic, supra note 1, at The applicant is required to fill out a ten-page questionnaire that includes the reporting of child support orders, employment history, criminal history and basic demographic information.

Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it.

Anyone using this information does so at his or her own risk.

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I am a Felon! How to clear your Criminal Record

Staros: On behalf of the Commissioner of Education, you ask the following questions: 1. Is an individual, who prior to obtained an expungement order regarding a criminal history record, required to disclose the existence and substance of such a record when so requested in connection for an application for the issuance or renewal of a teacher's certificate?

Would the records custodian be in violation of section May the records custodian lawfully refuse to disclose the criminal history portion of the application and related documents, or portions thereof, of all application files?

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In sum: 1. Section While information that reflects an applicant's expunged or sealed criminal history record may be deleted from that individual's application form and related documents, the Department of Education may not delete criminal history information from the applications of individuals who have not been the subject of an expunged or sealed criminal history record. Question One Section Is seeking to be employed or licensed by the Office of Teacher Education, Certification, Staff Development, and Professional Practices of the Department of Education, any district school board, or any local governmental entity that licenses child care facilities.

You state that some individuals seeking to be employed or licensed by the Office of Teacher Education, Certification, Staff Development and Professional Practices of the Department of Education department may have obtained an expungement order prior to the adoption of the exception currently contained in section A question has been raised as to whether section This office must presume the validity of any duly enacted statute. The statute thus expresses a legislative intent that expungement orders granted under the former statutes enumerated therein as well as the current statute are subject to the exceptions set forth in paragraph a.

Accordingly, I am of the opinion that section Question Two According to your letter, the department from time to time receives requests from persons wishing to inspect teacher's certification applications. You state that while there is no exemption from the disclosure provisions of chapter , Florida Statutes, for such applications, an applicant may disclose on his or her application the existence of an expunged or sealed criminal record.

In addition, a fingerprint-based search of criminal history information may reveal the existence of such a record. Thus the department may have such information among the records of the Office of Teacher Certification and the Professional Practices Services Section that reflects the existence of an expunged or sealed criminal history record. Article I, section 24, Florida Constitution, guarantees every person the right of access to public records in all three branches of the government. The only exception from this constitutional mandate are those records "specifically made confidential by this Constitution" and those records exempted by general law or court rule in accordance with subsection c or d of the constitutional provision.

Similar provisions are contained in section Thus, the Department of Education may have access to the expunged records for purposes of licensure or employment. Any person who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. Accordingly, a records custodian who had received information relating to an expunged or sealed criminal history record pursuant to section Question Three According to your letter, one question on the department's application form for licensure or renewal of license concerns the applicant's criminal history, if any.

In cases where the application reflects the existence of an expunged criminal history record, you state that the department can comply with section