Your Record & Life After the Case

Can I say "no" to "have you ever been arrested" after sealing?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
In most situations, yes — Florida law permits lawful denial. But there are specific exceptions where you must disclose.

Florida law generally permits a person whose record has been sealed or expunged to lawfully deny the arrest and the charges.

The exceptions are specific, and answering wrongly in one of them carries real consequences. They include applications for employment with criminal justice agencies, certain licensing and employment contexts involving vulnerable populations, applications to the Florida Bar, and situations where you are a defendant in a criminal prosecution.

Practical guidance. Do not rely on a general understanding. Before answering a question on a specific application, confirm whether that application falls within an exception — the categories are defined by statute and they are not intuitive.

A wrong answer in an exception category can be treated as a false statement, which is frequently a worse problem than the underlying record would have been.

Federal applications and security clearances follow federal requirements, which may reach material Florida law would allow you to deny.

Ask specifically about the application in front of you. The exceptions aren't obvious. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.