Legal Question in Criminal Law in Florida

I got arrested in 1999 (I was an adult) for grand theft in the 3rd degree in the state of Florida. I ended up getting adjudication withheld with 2 years probation. I also ended up sealing the record in 2007.

I recently applied for a job through a staffing agency and they called me today to say that hiring company wants to offer me the job. I accepted but then 2 hours later, the staffing agency called back to say that arrest is showing up on my background check and that they need to let the hiring company know.

My question is, why is this showing up when it is suppose to be sealed? I have had other jobs in the past and this didn't show up. I was under the impression (from my attorney) that this was sealed from public view (except government agencies).


Asked on 12/11/13, 7:14 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Your attorney is correct. The issue usually is that "private" agencies are not required to seal. So, for example, websites like Mugshots.com don't have to remove your mugshot under state law as it stands right now. Unfortunately, you will probably have to request each individual website and background check company to remove it from the records.

Read more
Answered on 12/11/13, 7:34 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida