Is Sealed or Expunged Information Ever Released as Part of a Background Check?

I am sometimes asked whether the information contained in a criminal-history record that has been sealed or expunged is ever released to anyone.  The answer is that insofar as a sealed record is concerned, Florida law states that information relating to the existence of a sealed criminal record is confidential except that the Florida Department of Law Enforcement shall disclose such a record when the person whose record has been sealed:

1.  Is trying to get hired by a criminal justice agency;

2.  Is applying for admission to The Florida Bar;

3.  ”Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly”;

4.  ”Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities”; or

5.  Is seeking authorization from certain Florida seaports for employment with or access to such seaports.

Insofar as an expunged criminal record is concerned, Florida law states that information related to the existence of an expunged record is not provided to anyone.  However, notification that a record has been expunged is provided to the same agencies mentioned above in paragraphs 1 through 5.