How Long Does a Felony Stay on a Background Check in Florida?

Under Florida law, the only way to remove a felony charge permanently from your record is to have it expunged by a court. Otherwise, it may still appear on a background check.

Florida Statute

Under Florida statute 943.0585, you can apply to have a court expunge an arrest or criminal incident. The process typically takes six months; once the process is completed, your record will not show up on any criminal background checks.

Eligibility

If a person is found guilty or pleaded guilty to any charge or has had a previous charge expunged, he is ineligible to have a record expunged. Some sexual offender-related charges are also not eligible to be expunged.

Exceptions

Once the process is complete, the public cannot see the criminal record that was expunged, and agencies are not allowed to acknowledge that it exists. Florida law has exceptions, such as when jobs dealing with children are involved, for certain agencies, such as the Department of Juvenile Justice and the Department of Education, and for the Florida Bar Association, which can be notified that your record has been expunged.

Sealing a Record

A previous charge can be hidden through sealing, but an agency does not necessarily have to destroy the record. It can be accessed in limited cases.

References

• The Florida Senate: Florida Statutes and Constitution: Statute 943.0585
• The Law Offices of Michael T. Heider, P.A.
• The Law Firm of Higbee & Associates: Florida Expungement

Resources

• National Institute of Justice: "Redemption" in an Era of Widespread Background Checks