Skip to content
Educational information only — not legal advice. Read the disclaimer
Pinellas Criminal Law Florida criminal law, explained
Start Here
Criminal Records

Does a Sealed Record Show on a Background Check in Florida?

A sealed Florida record is confidential and the arrest may lawfully be denied, but the law lists employers and agencies that can still see it.

  • By Pinellas Criminal Law Editorial Team
  • Updated
  • First published
  • Last reviewed
  • 5 min read
On this page

Quick answer

A sealed Florida criminal history record is confidential and is not available to the general public. In most situations the person may lawfully deny or fail to acknowledge the arrest. But section 943.059, Florida Statutes, lists agencies and employers that are still told about a sealed record, and situations in which the person may not deny it, including jobs with a criminal justice agency, work with children or the elderly, and buying a firearm.

Key takeaways

  • Sealing changes what Florida agencies release. It does not reach federal agencies, private data companies, or old news reports.
  • The statute lists eleven situations in which a sealed record may not be denied.
  • An expunged record has a shorter list, without the firearm and concealed weapon items.
  • An employee of one of the listed entities who improperly discloses a sealed record commits a first-degree misdemeanor.
  • A new item was added on July 1, 2026 for people screened through the Care Provider Background Screening Clearinghouse.

What the law says

Section 943.045 defines sealing as keeping a record secure and inaccessible to any person who does not have a legal right of access. Section 943.059(6), Florida Statutes, then says two things. The subject of a sealed record may lawfully deny or fail to acknowledge the arrests covered by it, with exceptions. And information about the existence of a sealed record is confidential and exempt from Florida’s public records law, except that the Florida Department of Law Enforcement (FDLE) must disclose the record to certain entities for their licensing, access authorization, and employment purposes.

When a sealed record may not be denied

Since July 1, 2026, the list in section 943.059 covers a person who:

  1. is a candidate for employment with a criminal justice agency;
  2. is a defendant in a criminal prosecution;
  3. petitions again for sealing or expunction;
  4. is a candidate for admission to The Florida Bar;
  5. seeks to be employed or licensed by, or to contract with, the Department of Children and Families, the Division of Vocational Rehabilitation, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, or the Department of Juvenile Justice, or to work for one of their contractors or licensees in a sensitive position having direct contact with children, the disabled, or the elderly;
  6. seeks to be employed or licensed by, or to contract with, the Department of Education, a school district, the Florida School for the Deaf and the Blind, the Florida Virtual School, a charter school, a private or parochial school, or a local government entity that licenses child care facilities, or to work for one of their contractors;
  7. is attempting to purchase a firearm from a licensed importer, manufacturer, or dealer and is subject to a criminal history check under state or federal law;
  8. seeks a license from the Division of Insurance Agent and Agency Services within the Department of Financial Services;
  9. seeks to be appointed as a guardian;
  10. seeks a license to carry a concealed weapon or concealed firearm; or
  11. is screened through the Care Provider Background Screening Clearinghouse by a qualified entity.

Who FDLE tells

FDLE must disclose a sealed record to the entities in items 1, 4, 5, 6, 8, 9, 10, and 11 for their licensing, access authorization, and employment purposes. An employee of one of those entities may not pass the information on, except to the person the record is about or to people directly responsible for the employment, access, or licensing decision. Doing so is a first-degree misdemeanor.

Other employers and landlords

For an employer or landlord that is not on the list, the statute makes the existence of the sealed record confidential, and the person may lawfully deny the arrest. That is the main practical effect of sealing.

Important exceptions

  • Private background check companies. Florida’s sealing statute governs Florida agencies. It does not control information that a private company collected before the record was sealed, or records held by federal agencies.
  • The court file and the agencies. The order is carried out by the clerk and the agencies that hold the record. Until that happens the record can still appear.
  • Later criminal cases. A sealed record is still available to criminal justice agencies, and the person may not deny it as a defendant in a criminal prosecution.

How an expunged record differs

For an expunged record, section 943.0585 has a similar list without the firearm purchase and concealed weapon items. FDLE discloses only the existence of an expunged record to the listed entities and to criminal justice agencies. See record sealing vs. expungement in Florida.

Common questions

Can I answer “no” when a job application asks about arrests?

The statute allows a person to lawfully deny or fail to acknowledge an arrest covered by a sealed record, unless one of the listed situations applies.

Will a sealed record show up when I buy a gun?

A firearm purchase from a licensed dealer is on the list, so the record may not be denied in that check.

Does sealing remove a mugshot or a news article from the internet?

No. The sealing statute applies to the records of Florida agencies.

When to speak with an attorney

How to answer a specific question on an application, especially for a licensed profession or a federal form, can depend on the exact wording and on other laws. A licensed Florida attorney can advise on that. See also sealing or expunging a Florida criminal record and the Criminal Records topic page.

Official resources and sources

Continue reading