Do I Have To Disclose Expunged Records When Applying To The Florida Bar?

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In this blog we will delve into another question that we get often: “Do I have to disclose expunged records when applying to the Florida Bar?” In a nutshell, yes, you should always disclose expunged records and sealed records when applying to the Florida Bar. But let’s take a deeper dive into this topic for anyone who wants to join the Florida Bar and has expunged or sealed records.

My Case Was Expunged After I Finished Probation. Do I Still Have To Disclose The Case If It Was Expunged?

The Florida Bar application requires disclosure of sealed or expunged records. Here’s an excerpt from the application, edited for clarity:

“Please refer to sections 943.0585(4) and 943.059(4), Florida Statutes, which specify that expunged or sealed criminal records shall be disclosed to the Board when the subject of the record is a candidate for admission to the bar.

You are warned that no statute, court order or legal proceeding withholding adjudication, expunging the information required herein from any record, sealing the records which contained the information required herein, dismissing, vacating, or setting aside any arrest, accusation or conviction, or purporting to authorize any person to deny the existence of such matters shall excuse less than full disclosure, IRRESPECTIVE OF ANY ADVICE FROM ANY SOURCE (INCLUDING LEGAL COUNSEL) THAT SUCH INFORMATION NEED NOT BE DISCLOSED.

If your records have been sealed or expunged, take the appropriate steps to have them unsealed and released directly to the Board.

In addition, you are advised to review your law school application and any other state bar applications you may have completed to ensure you have disclosed all relevant and required information.”

If you have questions, consult with an experienced Bar admissions attorney who can help you navigate this disclosure.

Could My Expunged Case Affect My Admittance To The Florida Bar?

An expunged case can potentially affect your admittance to the Florida Bar, although the specifics depend on various factors, including the nature of the offense, how long ago it occurred, and the circumstances surrounding the expungement.

Here are some key considerations:

Disclosure:

Full Disclosure Requirement: The Florida Board of Bar Examiners requires full disclosure of your entire legal history, including cases that have been expunged or sealed. Failing to disclose an expunged case or unseal a sealed case can be viewed as an integrity issue and negatively impact your application.
Honesty and Transparency: Being honest and transparent about your past, including any expunged cases, demonstrates good moral character, which is crucial for Bar admission.

Nature of the Offense:

Severity: Minor offenses may be viewed more leniently compared to serious crimes.
Pattern of Behavior: A single, isolated incident is typically less concerning than a pattern of repeated offenses.

Time and Rehabilitation:

Time Elapsed: The amount of time since the offense occurred can be a factor. Generally, the longer the time period without further legal issues, the better.
Rehabilitation and Conduct: Evidence of rehabilitation, good behavior, and contributions to the community can positively influence the Board’s decision.

Bar Character and Fitness Evaluation:

Character and Fitness Review: The Florida Board of Bar Examiners conducts a thorough background check. This includes reviewing your legal history, financial responsibility, and any other factors that may impact your suitability to practice law.
Mitigating Factors: Providing context and mitigating factors for the expunged case, such as circumstances that led to the offense and steps you’ve taken to address any underlying issues, can be beneficial.

An expunged case could affect your admission to the Florida Bar. However, full disclosure and demonstrating good moral character are crucial. Each application is reviewed on a case-by-case basis, and the Board of Bar Examiners considers the totality of circumstances when making its decision.