My 1st and ONLY arrest (and subsequent criminal charge) was successfully expunged 8 years ago.
I now find that expungement to be of no help because I STILL have to disclose the arrest when seeking employment or contract with:
-the Department of Children and Families,
-the Division of Vocational Rehabilitation within the Department of Education,
-the Agency for Health Care Administration,
- the Agency for Persons with Disabilities,
-the Department of Health, the Department of Elderly Affairs, or
-the Department of Juvenile Justice
-or to be employed or used by such contractor in a sensitive position having direct contact with children, the disabled, or the elderly;
Any of these agencies can STILL have access to my records, so what was the point of the expungement?
I graduated from HealthCare Administration but now I realize that I am extremely limited to the jobs I can apply for because in my line of study I deal with health, children, the disabled, or the elderly.
Is there a way to make my expunged record TRULY disappear or I just waisted a lot of money and time getting into the wrong field, given my criminal record?
If you were arrested and charged, but not convicted, or not convicted but adjudication withheld, the arrest and charge alone should not bar you from employment with many positions with the agencies you mentioned. In answer to your question however, there is nothing you can do to remove access to even an expunged record, if the statutes provide otherwise for certain agencies. There is also a process if you apply for licensing with some of the above agencies, and are denied, to apply for and receive a good cause exception via an administrative hearing process.
This answer does not establish an attorney client relationship, nor does it constitute specific legal advice.
I agree w/ my colleague. I also do not think you wasted either your money or time by expunging your record. I think it is premature to worry that you have chosen the wrong industry in which to pursue a career because, from your proffer, it does not sound like any of your applications have been rejected/denied based on the expunged charge(s).
In these situations, I generally advise clients to error on the side of disclosure, as a failure to truthfully disclose creates a separate issue (and hurdle) that speaks to an applicant's character and fitness, and usually forms a distinct basis to reject/deny an application for licensure/employment.
If you are still unsure as to how to proceed with the application process, use the search tool on Avvo to find a Florida attorney to assist you with completing your applications and preparing you for your interviews (and potential administrative hearing).
Two parting pieces of advice: 1) Don't beat yourself up over this, as the toothpaste cannot be put back in the tube; and 2) Put yourself in the best possible position by hiring an experienced attorney to assist you.
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