Will This Arrest Or Charge Show Up On Background Checks In Florida?

By Jonathan Blecher on November 18, 2025

For many people, the legal process doesn’t end when the case is closed. It lingers — often in the form of a background check. In Florida, background checks are common. Employers, landlords, government agencies, and even volunteer organizations all rely on them to vet candidates. These checks pull from a wide range of sources, and they don’t just focus on criminal convictions. They often include arrests, court records, and unresolved charges. For someone applying for a job or trying to move forward after a mistake, that information can create major roadblocks.

Understanding What Shows Up in a Florida Background Check

The phrase “background check” can mean different things depending on who’s running it. Some employers stick with basic identity verification and credit reports, while others go much deeper. In Florida, background screening often involves pulling data from public records, local law enforcement agencies, and the Florida Department of Law Enforcement. These background reports can include everything from adult criminal history records to past employment and education verification.

Arrest records in Florida are public unless they have been sealed or expunged. So even if your charges were dropped, your case most likely remains on the Florida criminal record search. Employers routinely obtain this information from the reporting agencies. Even property managers can perform background checks that reveal court records from Miami-Dade County or anywhere else in Florida.

And the issue goes beyond just arrests. Criminal background reports can include traffic violations, juvenile records, and other criminal offenses that didn’t result in a conviction. Florida law makes many of these records accessible unless you’ve taken steps to have them sealed or expunged. This often catches people off guard. They assume that if they weren’t convicted, it won’t show up. But in reality, criminal charges can appear on employment background checks and tenant background checks even if dropped.

This creates serious legal risks. Outdated or inaccurate information may appear during a background check. If someone who has a criminal history on a prior occasion, even if it does not involve serious crimes, applies for a job, an apartment, or a professional license, they can be denied because the record isn’t sealed. Florida companies must comply with the Civil Rights Act and anti-discrimination laws, but that doesn’t mean every applicant has a fair shot. A person can be sentenced due to what’s on paper — not the truth — especially if there is no lawyer to help.

How Background Checks Affect Your Future

Background checks in Florida are not always used responsibly. Many employers and property managers rely heavily on these reports to make decisions about candidates. If your criminal record searches show an old arrest, it may be enough for a private employer to deny employment. Even if the case was resolved, the appearance of an arrest in your criminal history information can raise red flags.

Certain disqualifying offenses, like aggravated assault or drug abuse, understandably give employers pause. But so do misdemeanor convictions, old traffic violations, or criminal charges that never led to a guilty verdict. Background checks are used for education verification, past employment checks, and employment verification, but a criminal record check often weighs more heavily than any of those.

This becomes especially frustrating when the role involves working with vulnerable populations or applying for government positions. Employers may not understand the difference between an open case, a dismissal, and a conviction. Informed hiring decisions require more than just glancing at a background report — they require context. But in the hiring process, there isn’t always time or willingness to go that deep.

Federal law, including the Fair Credit Reporting Act, requires employers to follow specific steps when using criminal background data. If they plan to take an adverse action based on a report, for example, rejecting a job applicant, they must issue a pre-adverse action notice followed by an adverse action notice. These requirements exist to reduce legal risks and ensure fairness. Still, violations of these protections happen often, especially in fast-paced hiring environments.

Fixing the Record: Sealing or Expunging Charges in Florida

If your Florida background check has arrest records or criminal charges that are hurting your chances at work or housing, there may be a way to clean things up. Florida law allows eligible individuals to seal or expunge certain criminal history records. When a record is sealed, it becomes inaccessible to most private employers and property managers. When it’s expunged, it’s removed almost entirely from the system, though some federal agencies may still have limited access.

Not everyone qualifies. If you’ve been convicted of a crime, you may not be eligible. But if your charges were dismissed, or you were found not guilty, you may have a chance to move forward. The process requires dealing with the Florida Dept. of Law Enforcement, submitting paperwork, and sometimes attending a court hearing. It’s not quick, and it’s not something most people should attempt on their own.

The difference it makes can be enormous. Once a record is sealed or expunged, most consumer reporting agencies are prohibited from including it in background checks. Private employers conducting pre-employment background checks typically won’t see it. Your criminal background becomes cleaner, and that means fewer explanations, fewer rejections, and a better shot at rebuilding your life.

Get Help from a Local Attorney Who Understands Florida Records

This is where legal experience matters. At Jonathan B. Blecher, P.A., we’ve spent decades helping people navigate the consequences of criminal background issues. We know how public records affect real lives. We understand how Florida background check systems work and how to fight back when a record becomes an obstacle.

Whether you need help sealing arrest records, addressing criminal charges, or correcting mistakes on a background report, we’re here to help. We deal with county clerk records, FDLE processes, and federal regulations that shape what can and cannot appear in your file. We represent clients across Florida, including Miami-Dade County, and focus on results that protect your reputation and your future.

If you’ve been asking yourself whether your past could hold you back, now is the time to take a closer look. Your background screening doesn’t have to define you. Let us help you take control of what it says.

To learn more about the services offered by Jonathan B. Blecher, P.A., including DUI defense, expungement, and criminal record support, visit our website. And for more insights into Florida law and how to manage your record, visit our blog section for other related articles.