A background check in Tampa can show far more than convictions. Arrests, dismissed charges, cases the prosecutor dropped, and withheld adjudications can all appear on employment, housing, licensing, and Level 2 screenings. However, many of those records can be sealed or expunged under Florida law. The practical way to do it is to hire a Tampa criminal defense attorney who handles these petitions routinely, such as Buda Law, which offers sealing and expungement representation in Tampa. This guide explains what each type of check reveals and which records qualify for clearing. It also covers how the process runs from start to finish and what a court order can and cannot hide.
What is a Background Check?
A background check, sometimes referred to as a “background screening,” is used to verify a person’s history, typically for employment, housing, or legal purposes. The background check process involves reviewing information such as criminal records, employment history, and education credentials.
Background checks are typically conducted through a background check company that compiles data based on public records and other sources. Legal regulations govern how a background screening is performed to ensure fairness and accuracy.
Types of Background Checks
Several factors determine what type of background check is needed, depending on the situation at hand. Whether you’re applying for a job, renting an apartment, or purchasing a firearm, certain legal regulations decide what information is reviewed.
Below, we will break down five common types of background checks in Florida.
Pre-Employment Background Checks
Pre-employment background checks, particularly Level 2 background checks, are a key part of the hiring process. They allow employers to make an informed hiring decision while protecting company assets.
The pre-employment background screening process typically includes criminal record searches, employment history verification, identity verification, social security verification, and education confirmation. It also involves reviewing credit reports, motor vehicle records, and sometimes even drug screening. By conducting a thorough pre-employment screening, employers ensure that potential employees are qualified and reliable, which helps reduce the risk of negligent hiring claims.
The Equal Employment Opportunity Commission (EEOC) plays an important role in ensuring that the employment background check process is fair and non-discriminatory. Employers must ensure that pre-employment background checks comply with the EEOC’s guidelines, meaning they cannot use the results to discriminate based on national origin or other protected categories. This is especially important when hiring for roles that involve vulnerable populations.
By following the EEOC guidelines, employers can gather a complete picture of a candidate’s background without violating legal protections, leading to informed hiring decisions that protect the company and its employees.
Criminal Background Checks
Criminal background checks review a person’s criminal history, helping employers and other organizations assess whether past criminal offenses may pose a risk.
These background checks consist of criminal record searches, which reveal details about criminal convictions and arrest records. A criminal background check may also include motor vehicle reports and driving records if motor vehicle-related offenses are relevant.
The purpose of criminal background checks is to provide a clear picture of a person’s criminal record, helping employers and others make informed decisions about hiring, renting, or other important matters.
Housing and Apartment Background Checks
Housing and apartment background checks help landlords decide if you’re a good fit as a tenant. These background checks examine your credit history, including whether you’ve paid bills like rent or car payments on time. They may also check your criminal history, such as any misdemeanor convictions or felony convictions you may have had.
The background check also looks at employment history to make sure you have a stable income, and employment verification helps confirm that you can afford the rent.
The Fair Credit Reporting Act (FCRA) protects your rights during this process, ensuring the information in your background check is accurate and used fairly. If something is wrong, you have the right to dispute it.
Gun Sale Background Checks
In Florida, gun sale background checks are required before anyone can buy a firearm to make sure they are legally allowed to own one. This background screening looks at a person’s criminal background, including felony convictions, arrest records, and other legal issues that might stop someone from being able to purchase a firearm.
Under federal law, there are ten groups of people who can’t legally buy or have a gun, including those convicted of a felony criminal offense, people with an active protection order, and illegal immigrants.
In the state of Florida, however, 96% of all gun sale transactions are approved.
Security Clearance Background Checks
A federal agency like the FBI will use security clearance background checks to ensure that individuals handling sensitive or classified information can be trusted.
These background checks consist of employment history verification, education verification, examining your credit history, and more. Federal agencies also conduct reference checks and use databases like the National Crime Information Center and the Office of Foreign Assets Control to look for criminal offenses like identity theft or other forms of fraud.
By performing a thorough background screening, federal agencies ensure that individuals are not vulnerable to outside influences and can be trusted in secure roles.
What Happens if You Have a Criminal Record?
Having a criminal record can impact your background check since it shows up in public records that employers or landlords might review. These background reports can include details about any past misdemeanor or felony convictions, which could influence their decision to hire or rent to you. Federal and state laws set rules on how this information can be used, offering some protection from discrimination.
Who Should I Hire For Expungement Or Record Sealing In Tampa?
Hire a Tampa criminal defense attorney who regularly prepares FDLE Certificate of Eligibility applications and files petitions in Hillsborough County. Buda Law fits that description because record clearing sits inside its criminal defense practice across Tampa Bay. As a result, the lawyers reviewing your petition are the same people who read charging documents and dispositions in active cases.
That background matters because your eligibility depends on exactly how the original case ended. It turns on whether charges were filed, dropped, dismissed, resolved with a withhold, or ended in a conviction. A lawyer who reads dispositions every day spots the problem that would get an application rejected. For example, a charge might be listed under the wrong statute, or a count might never have been formally closed. A general practitioner or document service, by contrast, may not see the problem until months have passed.
Local knowledge matters for a related reason. The State Attorney’s Office can respond to a petition, and some judges want a hearing while others rule on the papers. Buda Law is led by former prosecutor Andrew Buda, so the firm understands how that office reviews these petitions and what tends to draw an objection. A petition built with that in mind is less likely to stall.
For the same reason, the best fit is a firm that will review your actual record before quoting a path. A firm that promises every record can be erased without looking at your file is not that firm.
What Does a Background Check Show?
Background checks typically show a variety of information depending on the purpose of the check. Common details include your criminal history, employment history, credit history, and any professional licenses you hold. The background check report may also reveal your education history, driving records, and other public records.
Below, we’ll provide a list of common FAQs regarding what might show up on a background check.
Do Tickets Show Up on Background Checks?
Yes, tickets can show up on background checks, but it depends on the type of check being conducted. Traffic tickets are usually found in motor vehicle records, which employers or other entities might review, especially for jobs that involve driving.
While minor traffic violations might not be a concern for most employers, more serious offenses, like DUI offenses or reckless driving, are likely to be flagged during the background check process.
Do Police Reports Show Up on Background Checks?
Police reports generally do not appear on background checks, but the information within them, such as arrests or criminal charges, likely will.
Background checks often focus on criminal records, which can include convictions or pending charges related to a police report. However, details from a police report, like witness statements or incident descriptions, typically remain separate and would not appear in a standard background check.
Will Infractions or Petty Crimes Show Up on Criminal Background Check?
Depending on the nature of the crime and the type of check being conducted, infractions or petty crimes can show up on a criminal background check.
Infractions, such as minor traffic violations, may appear in motor vehicle records but are less likely to be a concern for most employers. Petty crimes, like shoplifting or trespassing, may appear as part of your criminal record.
Even though these offenses are minor, they can still be flagged on a background check, potentially influencing decisions for jobs, housing, or other opportunities.
Do Misdemeanors Come Up on Background Checks?
Yes, misdemeanor convictions typically come up on background checks. The details of a misdemeanor, such as the offense and date of conviction, can appear depending on the type of background check being conducted. Local laws may determine how long misdemeanor convictions remain on your record and whether they can be sealed or expunged.
Do Pending Charges Show Up on a Background Check?
Pending charges can show up on a background check in Florida. When a background check is conducted, it often includes both past convictions and current legal proceedings, which means any pending charges will likely appear. This information allows employers, landlords, or others to see ongoing legal issues, even though the person has not yet been convicted or acquitted. However, how this information is used may be subject to specific laws and regulations in local jurisdictions.
If You Have Been Charged But Not Convicted Is It On Your Record?
If you’ve been charged but not convicted, the charge can still appear on your record. Criminal background checks include arrest records and pending charges, regardless of whether they resulted in a conviction. Depending on local laws, even if the charge was dropped or dismissed, it may still show up unless the record is sealed or expunged. In some cases, however, you may be able to take legal steps to remove these charges from your record.
Do Arrests Show Up on Background Checks?
Yes, arrests do appear on background checks, especially if they are documented in county court records. Remember, even if an arrest did not lead to a conviction, it might still appear as part of your criminal history during a background check. The extent to which arrests are visible can depend on the specific background check being conducted and local laws governing how county court records are reported and accessed.
Does PTI Show Up on Background Check?
PTI (Pretrial Intervention) may not show up on a background check in Florida once the program is successfully completed because, at that point, the charges are typically dismissed.
When you complete PTI, the charges against you are often dropped, and since there is no conviction, it is possible for the records to be sealed or expunged. If the charges are sealed or expunged, they will not appear on most background checks.
Does Probation Show Up on Background Check?
If you’ve been placed on probation as part of a criminal conviction, it will likely appear as part of your criminal history. Background checks typically include details about criminal convictions, including whether you are currently serving probation or have completed it.
Will a Civil Lawsuit Show Up on a Background Check?
Civil lawsuits generally do not show up on standard criminal background checks, as they involve non-criminal matters like disputes between individuals or organizations. However, if the background check includes a review of public records, it is possible that civil lawsuits could be found through court records or databases.
Some background checks, particularly those conducted for high-level security clearances or financial positions, may include civil litigation history. However, routine employment or housing background checks typically do not include civil lawsuits unless they result in judgments or liens that affect your financial status.
Do Bankruptcies Show Up on Background Checks?
Yes, bankruptcies can show up on background checks when the check includes a review of financial history or credit reports. Bankruptcy filings can remain on your credit report for up to 10 years, which can impact your ability to secure loans, rent property, or obtain certain types of employment.
However, bankruptcy is a legal, financial remedy that does not reflect criminal wrongdoing, so it will not appear on a criminal background check.
Does Marriage Show Up On Background Check?
No, marriages typically do not show up on a standard background check. While marriage records are considered public records, they are generally not included in criminal or employment background checks unless specifically requested or relevant to the situation, such as in family law cases or certain financial matters.
Does Divorce Show Up On a Background Check?
Divorce does not usually show up on a standard background check. Like marriage, divorce is a personal matter. While divorce records are part of public records, they are not typically included in background checks that focus on criminal history, employment, or financial details. However, if someone conducts a search of public records or a background check that specifically includes civil court cases, divorce information could be found.
Will a DUI From Another State Show Up on a Background Check?
Yes, a DUI from another state can show up on a criminal background check. Criminal record searches often use nationwide databases that track offenses across state lines. Even if it occurred in a different state, a DUI will stay on your criminal record and can be discovered during a criminal background check.
Will a Military Conviction Show Up on a Background Check?
Yes, a military conviction can show up on a background check, but it depends on the type of check being conducted. Military convictions, especially those resulting from court-martial, may be included in background checks that review federal or national databases. If the conviction is classified as a felony or serious offense, it is more likely to appear in a criminal background check.
However, certain military records, especially less severe convictions, may not be included in standard civilian background checks unless specifically requested or if you’re applying for jobs that require security clearance or government positions.
What Shows Up On Employment, Housing, Licensing And Level 2 Background Checks In Tampa
Almost every criminal justice event tied to your name can appear on some kind of background check, and the type of check decides how much of it surfaces. So before you clear anything, you need to know which records exist and which systems hold them.
The records that commonly appear fall into five categories:
- Arrests, even when no charges followed
- Dismissed charges, where a judge ended the case
- Nolle prosequi cases, where the prosecutor dropped the charge
- Withheld adjudications, where you pleaded or were found guilty but the court did not formally convict you
- Convictions, where the court adjudicated you guilty
Charge level does not protect you, either. Readers who faced misdemeanor charges in Tampa are often surprised to find a minor arrest from years ago on a rental screening. That happens because booking records, clerk dockets and arrest logs are public, and commercial screening companies collect them whether the charge was a felony or a low-level misdemeanor.
The same logic answers a common question: will I have a criminal record if my case was nolle prosequi? Yes. You will not have a conviction, but the arrest and the court case remain on the record. A nolle prosequi ends the prosecution, yet it does not erase the booking, the fingerprints sent to the state repository, or the docket entry at the clerk’s office. Until you act, therefore, a screener can see that you were arrested and charged, along with a note that the state dropped the case. Many employers read that note fairly, but some see only the arrest, and how much of the story they get depends on the kind of check they run.
Most employment and housing screenings are name-based searches run by commercial companies. Because they pull from county court records and data brokers, they can miss records filed under a misspelled name. They can also show records that were later cleared. Professional licensing boards, on the other hand, often require fingerprints and ask direct questions about your history.
Level 2 screening goes deepest. It applies to jobs involving children, the elderly, people with disabilities and other sensitive roles. In this case the screener submits your fingerprints to state and federal repositories, which links the search to your identity rather than your name. As a result, Level 2 results can include records that a name-based commercial check would never find, including some records a court has sealed, as a later section explains.
Why Employers And Landlords Weigh Some Records More Heavily Than Others
Knowing what appears is only half the picture, because the same record can sink one application and barely register on another. People who decide on hiring and housing do not read every entry the same way. Instead, they look at what the offense was, how recent it is, and whether it connects to the job or the property. That is why the entry that matters most on your record may not be the most serious charge.
Employers start with the duties of the role. Records from theft crime cases weigh heavily in retail, banking, finance and caregiving, since those workers handle cash, accounts, merchandise or a vulnerable person’s property. For example, a petit theft withhold from a decade ago can matter more to a bank than a more recent disorderly conduct charge. Similarly, a trucking company cares about driving offenses, and a school district focuses on anything involving minors or violence.
Landlords and property managers apply a different lens. They tend to focus on violence, property damage and drug activity, because those records relate to the safety of other tenants and the condition of the unit. Consequently, a dismissed battery arrest can draw more scrutiny on a rental application than a resolved shoplifting charge.
Recency affects both groups. An old entry followed by years of clean history usually reads better than a recent one. Still, many screening policies flag certain categories no matter how old they are.
All of this should shape your strategy. If you can only clear one record, or the law limits how many times you can petition, start with the entry most likely to cost you the opportunity you want. In other words, do not simply start with the oldest record or the one with the highest charge level. A lawyer reviewing your record should therefore ask what jobs, licenses or housing you plan to pursue before recommending which case to petition on.
Which Florida Records You Can Seal, Expunge Or Have Sealed Automatically
Once you know which record you most need to clear, the next question is whether Florida lets you clear it, and that depends on how the original case ended. Records that never produced a conviction are generally candidates for expungement. This covers cases where no charges were filed, charges were dismissed, the prosecutor entered a nolle prosequi, or a judge or jury acquitted you. Withheld adjudications are often eligible for sealing, although Florida law excludes a list of offenses even when adjudication was withheld. Some non-conviction records may also be sealed automatically, without a petition, when the case ends in the defendant’s favor. Even so, confirm that your record was actually sealed this way rather than assuming it was.
The records that generally cannot be cleared are just as important. Adjudicated felony convictions in Florida generally cannot be sealed or expunged, and neither can most adjudicated misdemeanors. Driving offenses carry their own rules, so anyone facing DUI charges in Hillsborough County should know that a DUI conviction cannot be sealed. Because the outcome of the original case shapes every record option you have later, resolve that case with those options in mind.
This is where defense strategy and record clearing meet. Buda Law emphasizes trial readiness, and a defense that is prepared to go to trial puts real pressure on the state. That pressure can lead to a dismissal, a nolle prosequi, or a withhold instead of a conviction. The difference then shows up years later, when you either qualify to clear the record or you do not.
Sealing and expunging are also not the same remedy. Expunging removes a record from public view, and most agencies must destroy their copies. Sealing, by contrast, keeps the record intact but confidential. Here is how the two compare in practice:
|
Point of Comparison |
Expunging |
Sealing |
|
Eligibility By Case Outcome |
Generally cases with no conviction: no charges filed, dismissal, nolle prosequi, acquittal |
Generally withheld adjudications for offenses not excluded by statute, plus some non-conviction records |
|
Waiting Period |
Generally available once the case is closed without conviction; a sealed record may become expungeable later |
Generally available after the sentence and any supervision are complete |
|
Effect On The Record |
Most agencies destroy their copies; the state repository keeps a confidential copy |
The record stays intact but is made confidential |
|
Who Can Still Access It |
A narrow group, mainly criminal justice agencies and the subject through court order |
A wider group, including certain employers, licensing bodies and Level 2 screeners |
|
Denying It On Applications |
Generally permitted, with statutory exceptions |
Generally permitted, with more exceptions than expunging |
|
Limits On Use |
Generally available once in a lifetime, with narrow exceptions |
Generally counts against the same lifetime limit |
These summaries describe how the process generally works, but they are not a substitute for the law itself. Before you rely on any summary, read the current statute text on the Florida Legislature’s official statutes site. The Legislature amends these provisions, so secondhand guides go out of date.
From Certified Dispositions To A Signed Court Order: The Tampa Process Step By Step
If your record qualifies, clearing it follows a fixed sequence in which each step depends on the one before it. You gather court documents first and then apply to the state for a certificate. With the certificate in hand, you petition the court, wait for a ruling, and finally confirm that agencies carried out the order.
The process begins with certified dispositions from the clerk of the court where your case was heard. A certified disposition is an official copy showing how each charge ended, and the state uses it to decide your eligibility. For that reason, if any charge on your arrest is missing a disposition, resolve that gap before you go further.
Next, you apply to the Florida Department of Law Enforcement for a Certificate of Eligibility. The application typically includes fingerprints, the certified disposition, a sworn statement, and a processing fee. For an expungement, it usually also needs written confirmation from the State Attorney’s Office about how the case ended. Keep in mind that FDLE reviews your full criminal history, not just the case you want cleared, so an old record in another county can affect the result.
After the certificate arrives, you file a petition and sworn affidavit with the Hillsborough County Clerk. The State Attorney’s Office then receives a copy and can respond. Depending on the judge and whether anyone objects, the court may rule on the paperwork or set a hearing. If the judge grants the petition, the order goes to FDLE and the agencies that hold your record, and you confirm that they complied.
|
Step |
What Happens |
Who Acts |
Estimated Duration |
Cost |
|
1. Certified dispositions |
Obtain official records of how each charge ended |
You or your attorney, with the Clerk |
Varies; confirm with the Clerk |
Varies; confirm current amount with the Clerk |
|
2. FDLE Certificate of Eligibility |
Submit application, fingerprints, dispositions and sworn statement |
You or your attorney, then FDLE |
Varies; confirm with FDLE |
Varies; confirm current amount with FDLE |
|
3. Hillsborough petition filing |
File petition, affidavit and certificate |
You or your attorney, with the Clerk |
Varies; confirm with the Clerk |
Varies; confirm current amount with the Clerk |
|
4. Court order |
Judge reviews, may hold a hearing, signs or denies |
The court, with input from the State Attorney |
Varies by judge and docket |
Varies; confirm with the Clerk |
|
5. Agency compliance |
Clerk and FDLE send the order; agencies seal or destroy records |
Clerk, FDLE, arresting agency |
Varies; confirm with FDLE |
Varies; confirm with FDLE |
This guide does not list fees or processing times because none could be verified as current. Florida’s official statutes are revised over time, and the Legislature’s Online Sunshine statute pages carry update dates for that reason. Agency fee schedules change as well, so confirm current amounts with FDLE and the Clerk before you file.
In practice, most stalled applications fail on details. For example, the disposition may not match the arrest record, a sworn statement may be missing a required line, or a petition may be filed before the certificate was in hand. Buda Law provides personalized legal representation, which in this process means tracking your specific file through each step. When each step is checked against your actual record before submission, the sequence keeps moving.
Who Can Still See A Sealed Or Expunged Record, And Why Private Databases May Not Get The Message
Even a signed order has limits, because it narrows who can see your record rather than making the record disappear from every system. Knowing those limits ahead of time keeps you from being caught off guard on an application.
Government access continues in defined situations. Criminal justice agencies keep access to both sealed and expunged records. Sealed records also stay visible to a wider group, which generally includes employers and licensing bodies for sensitive positions such as law enforcement, schools, child care and elder care. That group also covers the Florida Bar and Level 2 screeners working with vulnerable populations. Expunged records are more restricted, although the state repository keeps a confidential copy.
What you may lawfully say therefore depends on where you are applying. In most private job and housing applications, Florida law generally lets you decline to acknowledge a sealed or expunged arrest, so you can answer as if it never happened. However, that permission has exceptions. They usually cover applications for criminal justice jobs, positions with vulnerable populations, certain professional licenses and firearm purchases. In those settings you may be required to disclose the record, and failing to disclose can do more damage than the record itself. Likewise, when an application asks about sealed or expunged records directly, answer that question truthfully.
Private background-check companies create the most practical problem. Data brokers copy court records in bulk and resell them. Because a court order binds only the agencies named in it, it does not reach a company that copied your docket years ago. As a result, that company may keep reporting the old arrest long after the order is signed.
You can fix this, but you have to act. Keep certified copies of the order and request your file from the major screening companies. When an old entry appears, dispute it in writing and attach the order. Federal law requires consumer reporting agencies to investigate disputes and correct inaccurate information. So if a report surfaces after a denial, ask the employer or landlord for a copy and dispute it right away.
Above all, do not assume the order means total privacy. The access rules and disclosure exceptions are set by statute, so check the current text on the Legislature’s Online Sunshine site before relying on any summary. Then ask your attorney how the rules apply to the specific job or license you are pursuing.
Filing Yourself Or Hiring An Expungement Lawyer In Tampa: Questions To Ask Before You Decide
Given everything a petition depends on, the last decision is whether to file on your own. You can, because the FDLE application and the court forms are public, and some people with a simple, single-case record complete the process without counsel. The risk, however, is in the details. A mistake on the certificate application or the petition sends you back to the start, so you lose months and possibly the fee. Worse, a denial on the merits can be hard to undo, and because of the lifetime limit described above, filing on the wrong case can waste your one chance.
Hiring counsel makes the most sense in a few situations. One is when your record includes more than one case or an arrest in another county. Another is when the disposition is unclear or the charge might fall on Florida’s excluded list. Counsel also helps when you are applying for a license or a sensitive job, since the details of access and disclosure matter most there.
Whichever expungement lawyer Tampa residents recommend to you, ask each firm the same questions:
- Will you review my full criminal history and dispositions before telling me what I qualify for?
- Do you recommend sealing or expunging in my case, and why?
- How often do you file petitions in Hillsborough County, and do judges here usually hold hearings?
- What happens if FDLE denies the certificate or the State Attorney objects?
- Is your fee flat or hourly, and does it include state and clerk costs?
- Will you send the order to private background-check companies or show me how to do it?
- Who handles my file day to day, and how will you update me?
A firm that answers these questions specifically, using your record, is one you can rely on. By contrast, a firm that answers in generalities or promises a result before seeing your file is a warning sign.
The next step costs nothing, because Buda Law offers a free consultation. Bring your arrest paperwork or case number, and you can have these questions answered about your own record before you commit to anything. Call Buda Law at (813) 322-2832 or contact us online today to schedule your free consultation.