Sometimes, once someone is through the criminal justice process, their record can be sealed or expunged.  Sealing and expunction are separate processes that happen after the criminal case has concluded.  In order to be eligible for a seal or an expunction it is important that the criminal charges were dropped, handled with a diversion, or had a withhold of adjudication. In Florida, there is also a process you can go through to have your record sealed and expunged. And while, legally, this means your record is now clean, that doesn’t mean these charges go away completely. It’s not a magic eraser that gets you back to the day before you were arrested like a time machine. And in many cases, private background checks will still show existing issues. If you’re expecting a background check, here’s what you need to know.

Private Background Check Companies

Here’s the thing about background check companies. These private services, such as Lexis Nexus or Equifax, use algorithms to pull up existing data. Even if your records are sealed or expunged, they still exist and can turn up in these searches. You should be given a chance to respond to the results, but that doesn’t always guarantee a favorable outcome.

Pre-Employment Background Checks

One of the most common forms of background checks people go through for employment. Some companies have established requirements for criminal background checks and will need to be consistent across the board by processing every candidate receiving an offer. Even though your records are sealed or expunged, there is a chance they will show up. The best thing you can be is prepared when that happens.

Housing

Background searches are used for housing as well as for things like Airbnb. And the private companies used by property managers, landlords, or Airbnb can still uncover a sealed or expunged record.

Mugshot Websites

I once spoke to someone who worked in the staffing industry. They found out that clients were searching publicly available mugshot databases when they were provided with the name of the temporary employee who would be showing up the next day. As you might imagine, this opened the staffing agency to a few potential problems. These mugshot sites are out there, and nothing will stop someone from searching your name to find what they’re looking for, even if you’ve never been convicted or your record was sealed or expunged.

When Should You Seek an Expungement or Seal Your Records?

With all of this in mind, is it even worth sealing or expunging your records? In a lot of cases, the answer is still yet. It’s important to talk to lawyers, like the team at Glassman & Zissimopulos, to understand the process better and that it doesn’t magically erase the entire experience from your life.

Call Glassman and Zissimopulos and our team of dedicated attorneys today. (352) 505-4515 or Toll-Free at (844) 787-2543. When you call, you will be able to speak with a lawyer. This is our commitment to you.