Do Expunged Records Show Up on Background Checks?
November 06, 2025
A criminal record can follow you for years, even if the charges were dropped or you were never convicted. Many people who go through the expungement process in Florida do so with one question in mind: "Do expunged records show up on background checks?"
At Donet, McMillan & Trontz, P.A., we often hear this concern from clients who want to protect their reputation, career, and future opportunities. Below, we break down how expungement works, what employers and agencies see, and how an experienced attorney can help ensure your rights are protected.
What Does Expungement Do?
When a record is expunged, it is physically destroyed by the Florida Department of Law Enforcement (FDLE), the Clerk of Courts, and the arresting agency.
This means that once your record is expunged:
- It will not appear on most employer background checks.
- It will be as if the arrest or charge never happened.
- You are legally allowed to deny that the arrest occurred in most circumstances.
Are There Exceptions?
Yes. While expungement provides powerful protection, Florida law allows certain agencies to access expunged records under limited circumstances. While the particular charge may not be visible, the search may provide evidence that contact with the criminal justice system occurred in the past. A record search could provide evidence of an arrest in background checks related to:
- Criminal justice agencies conducting investigations.
- Law enforcement employment applications.
- Bar applications (for those seeking to practice law).
- Professional licensing boards (such as medical or education licenses).
- Certain government agencies dealing with sensitive positions.
In these cases, you may be required to disclose that your record was expunged.
What About Sealed Records?
It's important to distinguish between sealing and expungement:
- Sealed records are hidden from the public, but remain accessible to certain government agencies and can sometimes appear on specialized background checks.
- Expunged records, on the other hand, are destroyed, offering stronger protection and less risk of showing up during a standard check. However, governmental checks may indicate contact with the criminal justice system.
Why Legal Help Matters
Although the expungement process may seem straightforward, mistakes in filing can delay or even prevent your record from being cleared. Having an experienced defense attorney ensures that:
- You are truly eligible for expungement.
- All paperwork is properly filed with the FDLE and the courts.
- Your case is presented effectively to maximize the chances of approval.
At Donet, McMillan & Trontz, P.A., we help clients navigate every step of this process to protect their rights and give them the clean slate they deserve.
Take Control of Your Future
So, do expunged records show up on background checks? For the vast majority of employers and private entities, the answer is no. Expungement offers the closest thing to erasing your record in Florida, giving you the opportunity to move forward without the burden of past mistakes. One of the most important aspects is that you can legally say you have never been arrested on employment and rental applications.
If you are considering sealing or expunging your record, our team at Donet, McMillan & Trontz, P.A. can help. With over 50 years of combined experience, we know how to protect your rights and secure your future.
📞 Call us today at
(305) 444-0030 or contact us online to schedule a confidential consultation with one of our attorneys.
