Florida Criminal Background Check for Employers

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 know both state and federal laws to guarantee compliance while using background checks to make informed hiring decisions. Eventually, it’s about balancing the need for safety with fairness and opportunity.

Criminal records in Florida are typically public unless they have been sealed or expunged, allowing employers and others to access this information.

But, there are regulations that control how criminal records can be used for employment:

• The Fair Credit Reporting Act (FCRA) governs how employers obtain and use criminal background information.
• Title VII of the Civil Rights Act restricts blanket policies that exclude all applicants with criminal records, as this can be discriminatory.

When using criminal records for employment decisions, employers must:

• – Obtain written permission from the applicant before conducting a background check.
• – Weigh the seriousness of the offense, the time elapsed, and the relevance to the job.
• – Give applicants an opportunity to explain their records.

Florida law offers some protections to employers who conduct criminal background checks, helping shield them from negligent hiring claims.

Certain jobs have specific requirements and limitations:

• – Positions involving vulnerable groups, like children or the elderly, may require more in-depth checks.
• – Certain convictions can disqualify individuals from particular jobs, especially in public employment or licensed professions.

The FDLE offers different levels of background checks:

1. – Level 1 checks are state-only and based on name.
2. – Level 2 checks involve fingerprinting and include FBI data.

Under FCRA, arrest records older than seven years and convictions older than ten years may not be reportable for certain employment purposes.

Entities using FDLE background checks must follow state and federal laws on the use of this information.

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:

1. 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.
2. 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.