Does Florida have a ban-the-box law?

Florida does not have a statewide ban-the-box law. Employers can ask about criminal history at any point, including on the initial application. However, several Florida cities and counties (including Gainesville and Jacksonville) have local ordinances that restrict criminal history inquiries for government employers and, in some cases, private employers within their jurisdictions.

What is the difference between sealing and expungement in Florida?

Expungement (Fla. Stat. § 943.0585) physically destroys or obliterates the record — it is as if the arrest never happened. Sealing (Fla. Stat. § 943.059) removes the record from public access but it still exists and can be accessed by law enforcement, certain government agencies, and some licensing boards. Expungement provides stronger protection but has stricter eligibility requirements.

Does Florida have a Clean Slate law?

No. Florida does not have a Clean Slate law that automatically seals or expunges records. All record relief in Florida requires filing a petition with the court. This is not automatic and requires meeting specific eligibility criteria. Advocacy groups continue to push for Clean Slate legislation in Florida.

Can an employer in Florida deny me a job solely because of a criminal record?

Generally, yes. Florida does not have a state law restricting employers from denying employment based on criminal history. However, federal EEOC guidance discourages blanket exclusions and recommends that employers consider the nature of the offense, how long ago it occurred, and its relevance to the job. If you believe the denial was based on race or another protected characteristic, you may have a discrimination claim.

Will a felony from many years ago show up on a Florida background check?

Yes. In Florida, felony convictions can be reported indefinitely regardless of how long ago they occurred. The only way to remove a felony from your background check is through the court-ordered sealing or expungement process, and eligibility is limited. Pursuing a Certificate of Eligibility through the FDLE is the first step to determine if you qualify.

How do I check my own criminal record in Florida?

You can request your criminal history from the Florida Department of Law Enforcement (FDLE). Reviewing your record before applying for jobs is recommended — it helps you verify accuracy, understand what employers will see, and determine whether you may be eligible for sealing or expungement.

Florida Background Check Laws

No state lookback limitLast updated: 2026-04-01

In Florida, criminal convictions can appear on a background check indefinitely — there is no state-imposed time limit. Non-conviction records are limited to 7 years under the federal FCRA. Florida has no statewide ban-the-box or Clean Slate law, though some cities have local protections.

Overview

Florida does not impose a state-level time limit on how far back criminal convictions can be reported on a background check. Under the federal FCRA, this means convictions — both felonies and misdemeanors — can appear on a background check indefinitely. Non-conviction records are limited to seven years under the FCRA for employment screening purposes. Florida's screening laws are generally considered employer-friendly, with fewer restrictions on employer use of criminal history compared to many other states. Florida does not have a statewide ban-the-box law for private employers. However, several Florida cities and counties have enacted local ban-the-box ordinances, including Gainesville, Jacksonville, and others. These local laws vary in scope and coverage. At the state level, there is no restriction on when private employers can ask about criminal history. Florida does not have a Clean Slate law providing automatic sealing or expungement of records. However, Florida does allow individuals to petition for sealing or expungement of certain records through the court system (Fla. Stat. § 943.0585 for expungement, § 943.059 for sealing). These processes have specific eligibility requirements and are not automatic. For those pursuing a fresh start in Florida, understanding the petition process and local protections is essential to navigating the system effectively.

How Far Back Does a Background Check Go in Florida?

Record Type	Rule in Florida
Felony Convictions	No time limit. Felony convictions may appear on background checks indefinitely.
Misdemeanor Convictions	No time limit. Misdemeanor convictions can be reported indefinitely.
All Convictions	No state limit — convictions can be reported indefinitely under FCRA default rules. Both felony and misdemeanor convictions may appear on background checks regardless of age.
Arrests (No Conviction)	Arrests not leading to conviction are limited to 7 years under the FCRA for employment screening.
Pending Cases	Pending criminal cases can be reported on a background check regardless of when charges were filed.

Ban the Box / Fair Chance

No statewide law

Florida does not have a statewide ban-the-box law for private or public employers. Employers can ask about criminal history at any point during the hiring process, including on the initial job application. However, several Florida cities and counties have enacted local ban-the-box ordinances that apply to city/county government hiring, and in some cases to private employers operating within those jurisdictions. Notable local ordinances include Gainesville, Jacksonville (Duval County), and others. Check your local jurisdiction for specific protections.

Clean Slate / Auto-Sealing

No Clean Slate law

Florida does not have a Clean Slate law that automatically seals or expunges criminal records. Record relief in Florida is available through petition-based processes: (1) Expungement (Fla. Stat. § 943.0585): available for records where charges were dismissed, resulted in acquittal, or were not filed. Requires a court order. (2) Sealing (Fla. Stat. § 943.059): available for certain records that resulted in a withhold of adjudication. The record is sealed from public view but accessible to law enforcement and certain agencies. (3) Both processes require that you have not been convicted of any other criminal offense and that the offense is not on the list of ineligible offenses. (4) You can generally only seal or expunge one record in your lifetime under Florida law. These limitations make it particularly important to seek legal guidance before pursuing either process.

What Employers Can Do in Florida

When can employers ask about criminal history?: Employers in Florida can ask about criminal history at any point during the hiring process, including on initial job applications. There are no statewide restrictions on the timing of criminal history inquiries, though some local ordinances may apply.
What can they consider?: Florida employers can generally consider any criminal conviction in making employment decisions. There is no state law requiring an individualized assessment or specific evaluation framework. Federal EEOC guidance recommends considering the nature of the offense, time elapsed, and relevance to the job, but this is not mandated by Florida state law. If a record has been sealed or expunged, the employer cannot consider it.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Florida

Fair Credit Reporting Act (FCRA)(1970)
Federal law that limits reporting of non-conviction records to 7 years for employment screening. Convictions may be reported indefinitely. Applies in Florida as the primary framework since no stricter state lookback law exists.
Florida Expungement Statute (Fla. Stat. § 943.0585)
Allows individuals to petition for court-ordered expungement of criminal records where charges were dismissed, resulted in acquittal, or were not filed. Expunged records are physically destroyed or removed from agency files.
Florida Sealing Statute (Fla. Stat. § 943.059)
Allows individuals to petition for court-ordered sealing of criminal records that resulted in a withhold of adjudication. Sealed records are removed from public access but remain accessible to law enforcement and certain agencies.
Florida Civil Rights Act (Fla. Stat. § 760.10)
Prohibits employment discrimination based on protected characteristics. While criminal history is not a protected class, discriminatory application of criminal history policies may implicate this statute.

Frequently Asked Questions — Florida

How far back does a background check go in Florida?: In Florida, there is no state-imposed time limit on reporting criminal convictions. Both felony and misdemeanor convictions can appear on your background check indefinitely. Non-conviction records (dismissed charges, acquittals) are limited to 7 years under the federal FCRA for employment screening.
Does Florida have a ban-the-box law?: Florida does not have a statewide ban-the-box law. Employers can ask about criminal history at any point, including on the initial application. However, several Florida cities and counties (including Gainesville and Jacksonville) have local ordinances that restrict criminal history inquiries for government employers and, in some cases, private employers within their jurisdictions.
Can I get my record sealed or expunged in Florida?: Yes, but with significant limitations. Florida allows petition-based expungement for records where charges were dismissed or not filed, and sealing for records with a withhold of adjudication. Key restrictions: you can generally only seal or expunge one record in your lifetime, you cannot have any other criminal convictions, and certain serious offenses are ineligible. The process requires obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) and a court order.
What is the difference between sealing and expungement in Florida?: Expungement (Fla. Stat. § 943.0585) physically destroys or obliterates the record — it is as if the arrest never happened. Sealing (Fla. Stat. § 943.059) removes the record from public access but it still exists and can be accessed by law enforcement, certain government agencies, and some licensing boards. Expungement provides stronger protection but has stricter eligibility requirements.
Does Florida have a Clean Slate law?: No. Florida does not have a Clean Slate law that automatically seals or expunges records. All record relief in Florida requires filing a petition with the court. This is not automatic and requires meeting specific eligibility criteria. Advocacy groups continue to push for Clean Slate legislation in Florida.
Can an employer in Florida deny me a job solely because of a criminal record?: Generally, yes. Florida does not have a state law restricting employers from denying employment based on criminal history. However, federal EEOC guidance discourages blanket exclusions and recommends that employers consider the nature of the offense, how long ago it occurred, and its relevance to the job. If you believe the denial was based on race or another protected characteristic, you may have a discrimination claim.
Will a felony from many years ago show up on a Florida background check?: Yes. In Florida, felony convictions can be reported indefinitely regardless of how long ago they occurred. The only way to remove a felony from your background check is through the court-ordered sealing or expungement process, and eligibility is limited. Pursuing a Certificate of Eligibility through the FDLE is the first step to determine if you qualify.
How do I check my own criminal record in Florida?: You can request your criminal history from the Florida Department of Law Enforcement (FDLE). Reviewing your record before applying for jobs is recommended — it helps you verify accuracy, understand what employers will see, and determine whether you may be eligible for sealing or expungement.

Florida Resources

Florida Department of Law Enforcement (FDLE) — Criminal History
Request your own criminal history record and obtain a Certificate of Eligibility for sealing or expungement.
Florida Legal Services
Statewide legal aid organization providing free legal assistance to low-income Floridians, including help with criminal record issues.
Legal Aid Society of the Orange County Bar Association
Provides free legal services in Central Florida, including assistance with record sealing and expungement petitions.
Florida Courts — Self-Help Resources
Court system resources including information about the sealing and expungement process, forms, and self-help guides.
Florida Restoration of Civil Rights
Florida Commission on Offender Review handles clemency, restoration of civil rights, and pardons for those who have completed their sentences.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Florida for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

← District of Columbia Georgia→