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  1. #1
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    Default Do You Have to Disclose Expunged Criminal Records

    My question involves criminal records for the state of: FLORIDA

    I am filing out graduate applications. I did a Pre Trial intervention for a 1st degree misdemeanor, received a nolle prosequi, and now have my record expunged. How do I answer the following question:

    "Have you been convicted, pleaded guilty or entered a plea of nolo contendere, or received probation without verdict, accelerated rehabilitative disposition (ARD) or received any other disposition (excluding acquittal or dismissal) of any criminal charges, felony or misdemeanor, including any DUI/DWI, drug law violations, or are there any criminal charges pending and unresolved against you in any state or jurisdiction" yes/no Explain

  2. #2
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    Default Re: Do You Have to Disclose Expunged Criminal Records

    This question is being asked by a Florida University?

  3. #3
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    Default Re: Do You Have to Disclose Expunged Criminal Records

    Yes it is asked by the University of Florida, and the records are from florida

  4. #4
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    Default Re: Do You Have to Disclose Expunged Criminal Records

    Per statute,
    Quote Quoting 943.0585(4)(a) Court-ordered expunction of criminal history records.
    (4) Effect of Criminal History Expunction. - Any criminal history record of a minor or an adult which is ordered expunged by a court of competent jurisdiction pursuant to this section must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the department must be retained in all cases. A criminal history record ordered expunged that is retained by the department is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency may retain a notation indicating compliance with an order to expunge.

    (a) The person who is the subject of a criminal history record that is expunged under this section or under other provisions of law, including former s. 893.14, former s. 901.33, and former s. 943.058, may lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when the subject of the record:

    1. Is a candidate for employment with a criminal justice agency;

    2. Is a defendant in a criminal prosecution;

    3. Concurrently or subsequently petitions for relief under this section or s. 943.059;

    4. Is a candidate for admission to The Florida Bar;

    5. 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 as provided in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(5), chapter 916, s. 985.644, chapter 400, or chapter 429;

    6. 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

    7. Is seeking authorization from a seaport listed in s. 311.09 for employment within or access to one or more of such seaports pursuant to s. 311.12.


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