One of the benefits of having your record sealed or expunged is that under Florida Law you may lawfully deny or fail to acknowledge the arrest. This means on most job applications if asked, “Have you ever been arrested or charged with a criminal offense?” You can legally answer, “No.”
However, there are a few exceptions to that rule. One exception relates to teachers or persons seeking to be employed or licensed by a school. Under Florida Statute 943.059(4) (Sealing) and 943.0585(4) (Expunction) a person who is seeking to be employed or licensed by the Department of Education or a school may not deny the existence of a sealed or expunged record.
Nonetheless, we recommend that teachers and those pursuing a career in education get their record sealed or expunged, if possible. You will still be required to disclose the charge when making an application, but most employers appreciate the fact that the record has been sealed and it will help your application. Certainly having your record sealed or expunged will not hurt you in your job application process. We do recommend that teachers (and anyone getting a degree in Education) sealing their record maintain a copy of the original charge so that you can answer any questions regarding the original offense.
If you have any questions regarding sealing or expungement and its affect on your employment, do not hesitate to give Bruce Denson a call. 727-896-7000
05/09/2013 12:19 PM
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