Records
Your child will have a delinquency record and there will be a record of his arrest even if he is not “adjudicated” or if “adjudication is withheld.” FDLE is the official keeper of criminal history records in the State of Florida per Ch. 943, F.S., and as such collects, processes, stores, maintains and disseminates criminal justice information and records that includes records on minors.
Your child’s criminal history records may be sealed (kept confidential) or expunged (destroyed) as governed by Ch. 943, F.S., which is administered by FDLE.
While juvenile records are considered confidential, they are not automatically sealed and—in many instances—can be accessed by the general public through local law enforcement. For most, but not all purposes, the subject of a sealed or expunged criminal history record may lawfully deny or fail to acknowledge arrests that are covered by the sealing or expunction.
Generally speaking, juveniles can have most misdemeanors (and some felonies) sealed and most misdemeanors expunged after successful completion of a diversion program that expressly authorizes that to be done.
A fingerprint card and application, along with a fee, must be submitted to FDLE after the State Attorney’s Office certifies statutory eligibility (for expunctions). After FDLE issues a certification of eligibility, a petition is filed with the court to have the record sealed or expunged. A lawyer may assist you in this process.
Depending on the wording of the employment or school application, your child must disclose his arrest history unless the record has been sealed or expunged by court order.
According to Florida law, your child can deny any arrest covered by a sealed or expunged record. However, §943.0585 and §943.059, F.S., impose certain exceptions that require acknowledgement of arrests when, for example, the individual seeks employment with a criminal justice agency, a licensed child care facility, and other sensitive positions.
It is essential to give complete and accurate information on an employment application. Most applications ask, “Have you ever been convicted of a felony?”
A conviction is a term applicable to a child who has been tried and convicted or pleads guilty in Adult Court.
If your child pleads guilty or is found guilty as a juvenile in Juvenile Court, it is an adjudication of delinquency and not deemed a conviction §985.35(6), F.S.
However, this does not mean that your child’s potential employer will not find out about his juvenile arrest record. Most employers conduct a comprehensive background search that is completed by FDLE, the state agency that keeps all records of criminal history in the State of Florida. A copy of this criminal record can be obtained from FDLE.