Do Expunged Records Still Show Up on Background Checks?

For many people, having a criminal record can feel like a shadow that follows them long after they have paid their debt to society. Expungement allows them to move forward without that record affecting employment, housing, or education opportunities. Knowing how expunged records are handled during background checks can make a major difference when planning your future.

Yet one of the most common questions I hear is whether expunged records truly disappear. As an experienced criminal defense attorney at Marquez Law, I often explain that while expungement provides powerful protection, there are still limits to how completely a record can be erased.

My firm serves clients across Orlando and West Palm Beach, Florida, helping individuals throughout Central Florida—including Orange County, Osceola County, and Seminole County—and South Florida—including Palm Beach and Broward Counties—understand their rights. 

What Expungement Means in Florida

In Florida, expungement is a legal process that allows eligible individuals to remove a criminal record from public view. When a record is expunged, it is physically destroyed by the agencies that hold it, except for one copy maintained confidentially by the Florida Department of Law Enforcement (FDLE). This copy is accessible only under very limited circumstances.

Expungement differs from sealing. A sealed record is hidden from public access but can still be seen by certain government entities. An expunged record, by contrast, is no longer available in court databases, clerk records, or online searches. For most people, this means potential employers, landlords, and background check companies will not see it.

How Expungement Affects Background Checks

Once a record is expunged, it should not appear in standard background checks conducted by private employers or landlords. These checks rely on publicly available court and law enforcement databases that no longer display expunged information.

However, there are some exceptions. Certain government agencies, licensing boards, and law enforcement organizations can still access limited information about an expunged case. I help clients understand which entities may have permission to view this data so they can answer questions accurately and avoid potential issues later.

In most cases, if you apply for a private-sector job or lease an apartment, the expunged record will not appear. For federal or state positions that involve security clearances or public safety, special rules may apply.

Agencies That Can Still Access Expunged Records

Even though expungement removes a case from public view, some agencies retain limited access for official purposes. These typically include:

• Criminal justice agencies: Police departments, prosecutors, and courts can review expunged information when investigating new offenses.

• The Florida Bar and licensing boards: Professional organizations that regulate law, medicine, or other licensed professions may access the records when evaluating applications.

• Government employers: Certain agencies, such as the Department of Children and Families or law enforcement agencies, may review expunged records during the hiring process.

I always remind clients that if they plan to apply for one of these positions, it is better to disclose the expunged record rather than risk appearing dishonest. While the public will not see it, the government still can in specific cases.

Private Background Checks and Data Brokers

Even when records are legally expunged, private data companies sometimes retain outdated information. These third-party data brokers collect and store criminal records from public sources, often failing to update their databases.

This means a background check could occasionally show a record that was already expunged. As an expungement attorney, I assist clients in requesting that outdated or inaccurate data be removed. Once you have the official expunction certificate, you can provide it to data companies to prove that the record should no longer appear.

Taking proactive steps makes sure private databases align with the official court record. Over time, accurate reporting becomes the best defense against lingering errors.

What Employers See After Expungement

For most private employers, an expunged record will not appear at all. Florida law also allows you to legally deny the existence of the expunged record in most situations. This means that when asked whether you have been arrested or charged with a crime, you may truthfully answer “no,” unless the employer falls into one of the limited exceptions permitted by law.

However, honesty is very important. If a job application specifically asks about expunged or sealed records for a position that requires disclosure—such as law enforcement, child care, or legal work—you must answer accurately. Otherwise, you could face issues with employment verification or licensing later.

In everyday circumstances, however, private employers cannot legally access or consider an expunged case when making hiring decisions.

When Expunged Records Might Still Appear

Even though Florida’s expungement laws are strict, mistakes can occur. There are several reasons why an expunged record could still appear on a background check:

• Incomplete processing: Sometimes an agency fails to destroy its copy of the record after the FDLE issues the expungement order.

• Clerical errors: Court systems or databases may not update immediately.

• Out-of-state records: Other jurisdictions may not receive notice of the expungement.

• Private data companies: Third-party vendors may continue to report outdated data.

If a background check incorrectly shows an expunged record, I help clients take action to have the error corrected. This typically involves providing official expungement documentation and contacting the background check provider directly.

Expungement vs. Sealing

People often confuse expungement with record sealing, but the two processes have distinct effects. Sealing hides the record from public access while keeping it intact within government systems. Expungement goes a step further by ordering the physical destruction of the record.

The distinction is important because sealed records are visible to more agencies than expunged ones. I review each client’s circumstances to determine which option best fits their goals. For example, if you may need to disclose your record for professional licensing, sealing may offer enough protection without requiring destruction.

Understanding these differences helps clients make informed decisions about which process offers the best outcome.

The Importance of Following the Legal Process Correctly

Florida’s expungement process involves several precise steps, including fingerprinting, background checks, and approval from the FDLE. Missing even one step can result in delays or denials.

When I represent clients, I make sure that each stage—from the initial eligibility review to the final court order—is appropriately handled. Once granted, I verify that all relevant agencies have complied with the court’s directive to remove the record. 

The key to lasting success lies in attention to detail and clear communication with each record-holding agency.

Following the process carefully makes sure that expungement delivers the complete legal protection it promises.

Why Hiring an Attorney Matters

While it is possible to apply for expungement without legal assistance, mistakes are common. Missing forms, incomplete information, or eligibility errors can lead to denial. Working with an experienced expungement attorney provides peace of mind that the process will be completed correctly the first time.

I handle all aspects of the application, from preparing documentation to coordinating with the FDLE and the State Attorney’s Office. Clients receive guidance on handling background checks after their records are cleared, as well as on how to address any issues that arise later.

Expungement is more than a legal formality—it is a second chance. My goal is to help clients move forward without the weight of their past holding them back.

Reach Out Today

At Marquez Law, I proudly represent clients in Orlando and West Palm Beach, Florida, serving Central Florida—including Orange, Osceola, and Seminole Counties—and South Florida, including Palm Beach and Broward County. 

As a criminal defense attorney, I help people reclaim their futures by clearing their criminal records and making sure their rights are fully restored. If you have questions about expungement or believe your cleared record is still appearing on background checks, contact my firm today.