Expunged? Your Record May Still Show Up Online

You paid the fees. You waited months. The court granted your expungement. You legally can answer "no" when asked if you've been arrested. But then you run a background check on yourself, and there it is—your arrest record, still online.

This is one of the most frustrating gaps in Florida's expungement system. Here's why it happens and what you can do about it.

What Expungement Actually Does

Florida law allows you to expunge (completely destroy) or seal (hide from public view) certain criminal records. For a full overview of the process, see our guide on sealing and expunging criminal records in Florida. Under Florida Statutes §943.0585 (sealing) and §943.0581 (expungement), the court orders all government agencies to:

Remove the record from public databases (FCIC/NCIC)
Mark files as "confidential and exempt"
Not disclose the record without a court order
Physically destroy (expungement) or archive (sealing) court files

What This Means for You

Law enforcement cannot see your expunged record (with exceptions)
Florida courts cannot access it
State licensing boards cannot see it
You can legally deny the arrest ever happened in most situations

This is powerful protection—but only against government records.

The Private Database Problem

Here's the catch: private companies are not required to delete records they obtained before your expungement.

When you were arrested, your information became public. Within hours, it was:

Posted on the sheriff's website
Scraped by background check companies (LexisNexis, CoreCivic, Checkr, etc.)
Uploaded to mugshot websites
Indexed by Google
Sold to data brokers

The Timing Problem

Private companies archive public records daily. Once they have your arrest record in their database, a court order months or years later doesn't automatically erase it. They captured a "snapshot" of public information when it was still public.

Timeline showing how private databases capture arrest records before expungement occurs — The timing problem: private companies archive your record long before any court order.

What Shows Up After Expungement?

Even with a successful expungement, you may still find:

Common Lingering Records

Commercial background checks: Companies like LexisNexis, Accurint, and TLO maintain historical archives
Mugshot websites: These profit-driven sites often ignore removal requests
News articles: Local news coverage is protected by First Amendment; expungement doesn't require removal
Court docket aggregators: Sites like UniCourt and Justia archive court filings before expungement
Cached Google results: Even if the source page is removed, Google may cache old results temporarily

Four categories of private databases where criminal records persist: background checks, mugshot websites, court aggregators, and Google cache — Where your data lingers: background checks, mugshot sites, court aggregators, and cached search results.

Florida's Mugshot Removal Law (F.S. 901.043)

Florida does have a law requiring certain removals. Under F.S. 901.043, commercial websites must remove booking photos for free if:

Your case was dismissed or nolle prossed
You were acquitted
You completed pretrial diversion
Your record was sealed or expunged

This applies specifically to mugshot publication websites, not all background check databases. And even then, compliance is inconsistent.

Fair Credit Reporting Act (FCRA) Protections

The federal Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) provides some protection for background checks used for employment purposes:

FCRA 7-Year Rule

Consumer reporting agencies generally cannot report:

Arrests that did not lead to conviction if more than 7 years old
Civil suits, judgments, and paid tax liens over 7 years old

Exception: This does NOT apply if the position pays over $75,000 or involves certain sensitive roles.

However, many background check companies violate FCRA by reporting expunged or old arrests anyway. You have the right to dispute inaccurate reports.

Practical Steps After Expungement

Expungement is the first step, not the last. Here's how to address lingering records:

Post-Expungement Cleanup Checklist

Google yourself: Search your full name + "arrest," "mugshot," "booking," and variations
Request mugshot removal: Email each site with proof of expungement per F.S. 901.043
Dispute background checks: Order a copy of your consumer report and dispute any mention of expunged records
Contact data brokers: Submit removal requests to major aggregators (opt-out links usually available)
Request Google de-indexing: Use Google's "Remove outdated content" tool for cached results
Monitor regularly: Set up Google Alerts for your name to catch new appearances
Consider reputation management: Professional SEO services can suppress negative results

What If They Refuse to Remove It?

If a commercial website refuses to remove your booking photo after you've provided proof of expungement, you have legal recourse:

File a complaint with the Florida Attorney General: F.S. 901.043 violations can result in civil penalties
Dispute with credit bureaus: If the record appears on an employment background check, dispute it as inaccurate under FCRA
Consider legal action: You may have a private right of action for FCRA violations (including damages)
Document refusals: Keep records of all removal requests and responses for potential enforcement

Sealing vs. Expungement: Does It Matter for Private Databases?

Both sealing and expungement trigger the same F.S. 901.043 removal rights for mugshot websites. However, there are differences:

Key Differences

Expungement: Record is physically destroyed by government agencies (stronger protection)
Sealing: Record still exists but is confidential and exempt from public access

For private databases, the practical difference is minimal—both give you the legal basis to demand removal from mugshot sites and dispute background checks. And remember: a withhold of adjudication can preserve your eligibility for sealing even if you have prior history.

Comparison showing government records cleared after expungement while private sector databases remain active — The court order binds the government. Private companies play by different rules.

Employment Background Checks: What to Expect

If you've successfully expunged your record and cleaned up online sources, what will employers see? (For more on this topic, read Do I Have to Tell My Employer I Was Arrested?)

What Should Appear

FDLE background check (fingerprint): Will show "no record" for expunged arrests
Court records search: Should return no results (record is sealed/destroyed)
FCRA-compliant reports: Should not include expunged records

What Might Still Appear (Requires Dispute)

Non-compliant background check companies showing archived data
Internet search results (Google) showing cached pages
News articles mentioning your name (protected by First Amendment)

Why This System Is Broken (And What's Being Done)

Many advocates argue that expungement should automatically trigger removal from all databases, public and private. The current system places the burden on individuals to chase down dozens of websites.

Some states (like California and New York) have stronger data privacy laws that require private companies to delete records upon expungement. Florida has not yet adopted such comprehensive protections, though F.S. 901.043 is a step in that direction.

Common Myths About Expungement

Myths vs. Reality

Myth: "Expungement makes my arrest disappear from the internet instantly." Reality: You must manually request removal from private websites.
Myth: "Background check companies automatically update their databases after expungement." Reality: You must dispute reports showing expunged records.
Myth: "I can sue news outlets for publishing my arrest record." Reality: News reporting is protected; expungement doesn't require removal of truthful published articles.
Myth: "Once expunged, no one can ever find out about my arrest." Reality: Some entities (law enforcement, certain employers) can still access sealed records with authorization.

Infographic comparing sealed records, expunged records, and private database persistence — Sealed vs. expunged vs. private databases: understanding where your record actually goes.

Bottom Line

Expungement is powerful—it removes your record from government databases and gives you the legal right to deny the arrest. But it's not magic. Private companies that archived your record before expungement may still have it.

The good news: Florida law (F.S. 901.043) and federal law (FCRA) give you tools to fight back. With persistence, you can remove most lingering traces of your expunged record.

Work with a defense attorney who understands that clearing your record is only the beginning—protecting your online reputation is the rest.

Expunged Your Record? It May Still Show Up Online