In Florida, criminal background checks are a key tool for employers, but the process can be complex. From state-only searches to national fingerprint scans, these checks reveal criminal histories, including felonies, misdemeanors, and sex offender information.
Florida lacks a statewide “ban-the-box” law; some cities and counties have their own regulations. Employers must navigate both state and federal laws to ensure compliance while using background checks to make informed hiring decisions. Ultimately, it’s about balancing the need for safety with fairness and opportunity.
Types of Florida Background Checks
- Florida employers can conduct various types of background checks, including:
- Criminal history checks (state and national)
- Employment verification
- Education verification
- Motor vehicle record checks
- Drug screening
- There are two main levels of criminal background checks in Florida:
- Level 1: Searches state-only criminal records
- Level 2: Searches both state and national criminal databases, including FBI records. Requires fingerprinting.
What Shows Up on a Florida Criminal Background Check
A Florida criminal background check may include:
- Felony and misdemeanor convictions
- Arrest records
- Court records
- Incarceration records
- Sex offender registry information
Laws and Regulations
- Florida does not have statewide ban-the-box or fair hiring laws restricting criminal background checks.
- Employers must comply with federal FCRA requirements, including:
- Getting written consent from candidates
- Providing pre-adverse action notices
- Allowing candidates to dispute inaccurate information
- Some Florida cities and counties have their own ban-the-box laws with additional restrictions.
How to Conduct a Background Check
Employers have two main options:
- DIY approach: Request records from Florida Department of Law Enforcement (FDLE), former employers, schools, etc. This can be time-consuming and may return incomplete information.
- Use a third-party background check company: Provides more comprehensive, FCRA-compliant reports. Typically faster and more reliable than DIY methods.
Considerations
- Ensure background check procedures comply with all applicable laws.
- Only consider convictions relevant to the specific job.
- Allow candidates to explain negative results before making final decisions.
- Work with a reputable background check provider to ensure accuracy and legal compliance.
By following proper procedures, Florida employers can use background checks as an effective tool in their hiring process while avoiding potential legal issues.