How Long Criminal Records Stay Visible in Florida Background Checks

If you’ve ever been arrested or convicted of a crime in Florida, you’ve probably wondered: how long is this going to follow me around? It’s a fair question, and the answer is more complicated than most people expect. Florida’s background check rules are shaped by both state law and federal law, and depending on the type of record you have, it could show up for a limited time or indefinitely. Here’s what you need to know.

What Florida’s Background Check System Actually Looks Like

Florida uses two main types of criminal background checks, both defined under Chapter 435 of the Florida Statutes. A Level 1 check is a name-based search that pulls state records through the Florida Department of Law Enforcement (FDLE). A Level 2 check goes further, using fingerprints to search both Florida and national FBI databases. Level 2 checks are typically required for positions of trust, like working in healthcare, education, or childcare.

The FDLE maintains Florida’s criminal history records under Chapter 943 of the Florida Statutes, and that database is accessible to employers, landlords, licensing boards, and even private citizens for a $24 fee. So if you have a record in Florida, there’s a good chance someone can find it.

How Long Does a Record Actually Show Up?

This is where it gets important. Florida has no state law that limits how far back an employer can look when it comes to criminal convictions. That means a felony or misdemeanor conviction can appear on a background check indefinitely unless the record has been sealed or expunged.

The federal Fair Credit Reporting Act (FCRA), found at 15 U.S.C. § 1681, does offer some protections, but they depend on what type of record we’re talking about:

• Arrests that did not lead to a conviction can only be reported for seven years under the FCRA’s “7-Year Rule.”
• Criminal convictions are not subject to a time limit under federal law. A conviction from 10, 20, or even 30 years ago can still show up on a background check.
• The $75,000 exception: If the position pays more than $75,000 per year, the seven-year restriction on non-conviction records doesn’t apply at all, meaning older arrest records can still be reported.
• Bankruptcies can be reported for up to 10 years.
• Civil suits, civil judgments, and paid tax liens fall under the seven-year rule.

So, to put it plainly: if you were arrested but the charges were dropped or you were acquitted, that arrest record can only follow you for seven years through a consumer reporting agency. But if you were convicted, that record has no automatic expiration date in Florida.

Can You Do Anything About It?

Yes. Florida law gives eligible individuals the option to have their records sealed or expunged. Under Florida Statute § 943.0585, expungement physically destroys the record, while sealing makes it confidential and unavailable to most employers and the general public. Once a record is expunged, you can legally deny that the arrest ever occurred in most circumstances.

There’s also a more recent development worth knowing. Effective July 1, 2023, Florida enacted HB 593, which created an automatic sealing process for certain records. Under this law, records are automatically sealed when all charges in a case are dismissed, result in a nolle prosequi, or lead to an acquittal. That’s a significant change that could help a lot of people who didn’t even know they had options.

It’s worth noting, however, that Florida law limits each person to one court-ordered sealing or expungement in a lifetime, so timing and eligibility matter.

Ready to Take Back Control of Your Record?

If a past arrest or conviction is holding you back from jobs, housing, or professional licenses, it may be time to look into your options. Our Punta Gorda criminal defense attorneys at Drew Fritsch Law Firm, P.A. can review your record, explain whether you qualify for sealing or expungement, and walk you through every step of the process. We understand the long-term impact a criminal record can have on your life, and we’re here to help you do something about it. Reach out to us today to schedule a consultation and find out what your next step should be.

Based in Punta Gorda, Drew Fritsch Law Firm, P.A. also provides criminal defense services throughout Charlotte, Lee, Collier, and Sarasota Counties.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0585.html leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0435/Sections/0435.03.html ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

fdle.state.fl.us/criminal-history-records/florida-checks