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Conducting criminal background checks in Florida is important for making informed decisions when hiring, leasing, or handling personal matters.
These checks provide information on an individual’s criminal history, education, employment, and other relevant information.
The Florida Department of Law Enforcement (FDLE) and local criminal justice agencies work together to collect and manage this information.
This article will discuss Florida background checks, covering everything from the types of checks specific to Florida to the applicable laws and regulations.
Who Can Access Criminal History Information in Florida?
State and federal laws regulate access to criminal record information to protect individuals’ privacy and ensure appropriate use. Organizations and individuals may request these checks for various purposes.
Licensing Authorities
Many professional licensing authorities in Florida require criminal record checks for licensed fields, such as real estate, education, child care, and health care administration.
For example, individuals applying for a real estate license in Orange County or a contractor license in Alachua County must undergo strict background checks through the Florida Department of Business and Professional Regulation (DBPR).
These background checks may include the applicant’s criminal history, such as felony and misdemeanor charges, petty theft, and DUIs. They use it to gauge whether they meet the legal requirements to receive their license or certification.
Employers and Landlords
Employers often conduct pre-employment screenings, especially for positions dealing with sensitive information, vulnerable populations, or financial assets.
Conducting a criminal background check helps Florida employers learn more about the applicant’s history and assess whether they’re qualified for the position.
Industries like education, law enforcement, and health care administration typically require more thorough checks, including fingerprinting.
Meanwhile, landlords frequently request a prospective tenant’s criminal record before entering rental agreements. They do this to protect their property and ensure the safety of other tenants.
Government Agencies
Both state and federal agencies have greater access to criminal record checks. These agencies use the information for various purposes, including criminal investigations and security clearances.
Criminal background checks are also mandatory for positions requiring high public trust and safety, such as law enforcement and health care administration.
This process helps build trust in government services by ensuring people in positions of authority or care have clean backgrounds and no criminal history.
Individuals Requesting Personal Background Check
Individuals in Florida can request their background check for personal use.
The process lets them review their criminal records and verify their accuracy, especially if they plan to apply for jobs, licenses, or rentals.
A criminal records check helps individuals confirm whether there are any errors or outdated information or if past criminal convictions remain public.
Individuals may also request criminal record checks on others, such as contractors, caregivers, and other service providers, as long as the information is legally accessible.
What Shows Up on a Florida Background Check?
A background check in Florida provides data on a person’s criminal history, education, employment, and other relevant information. To find them, you need to access different types of records.
Criminal Records
A criminal history search involves national, state, and local criminal records. It uncovers past criminal convictions, arrests, and pending charges.
In Florida, criminal record checks include arrest records for certain crimes, regardless of conviction status, detailing the crime, conviction date, and penalties.
Some of the elements of the record are:
- The full name
- Fingerprints
- The description of unique physical characteristics
- A mugshot
- Previous charges
- Conviction sentence (including the payment amount if it was a financial penalty)
- Arrest history
These details provide a detailed view of their criminal background, which helps employers, landlords, and others make informed decisions.
Employment Verification
Employment verification confirms if an applicant is being honest about their work background.
It is an important part of a pre-employment background check. It provides an insight into a person’s past jobs, including position titles, date of employment, and reasons for leaving.
This information helps Florida employers determine if an applicant is qualified and trustworthy, ensuring the information in their resume or application matches their work history.
Education Verification
This type of background check verifies the accuracy of a person’s educational records.
Employers may request education verification reports to confirm a candidate’s educational attainment, including the schools attended, the date of attendance, and the diplomas or degrees earned.
Education verification is especially important for positions requiring higher qualifications or expertise in a specific field, like law enforcement and health care administration.
Motor Vehicle Records
Reviewing a person’s motor vehicle records (MVR) is another important part of a background check, particularly for positions that involve driving and operating vehicles.
A driving record shows any traffic violations, accidents, license suspensions, and other information about a candidate’s driving history.
You can obtain these records from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
Public Records
Public records include additional information, such as tax liens, civil cases, and bankruptcies.
This part of the background check offers a complete view of a person’s financial background and legal criminal history.
Public records in Florida can be accessed through the websites of various state and local government offices, including the Florida Department of State.
Why Do Florida Employers Conduct Background Checks?
Florida employers run background checks as part of their hiring process to ensure that applicants are trustworthy and qualified for the position they are applying for.
Criminal record checks help identify applicants with previous criminal activity, which could affect the safety and security of their company.
Criminal record checks are even more important for positions that involve high-level responsibilities, like managing finances, working with vulnerable populations, or accessing sensitive information.
In Florida, employers must legally comply with background checks that apply to state agencies and regulated industries.
Level 1 Background Checks
A Level 1 background check in Florida is a name-based search of local and state records.
It is a less extensive screening, often used for positions with lower risk to the employer or the public.
A level 1 check includes information on a candidate’s former address, employment history, education, licenses, and criminal records from state databases.
It also checks whether an applicant’s name is on the national sex offender registry.
Level 2 Background Checks
A Level 2 background check in Florida is based on fingerprints and goes through both state and national criminal records.
It is a more comprehensive screening, often required for positions with greater responsibility and trust.
National criminal record searches are conducted through the Federal Bureau of Investigation (FBI). If you want to access state criminal records, you need to search them under the Florida Department of Law Enforcement.
With a Level 2 background check, applicants with prohibited offenses on their criminal record are likely to be rejected.
How Far Back Does a Criminal Background Check Go in Florida?
In Florida, no state law limits how far back a background check can go. Employers can look into an applicant’s past, where screenings and criminal record checks can go back indefinitely.
However, while there are no state laws, Florida must abide by national laws, including the Fair Credit Reporting Act (FCRA).
The FCRA mandates that, while consumer reporting agencies can report criminal convictions indefinitely, they must stop reporting non-convictions after seven years. This includes civil suits, civil judgments, and arrest records.
Some employers may focus on recent criminal records, while others, may require a more thorough background check that reviews an applicant’s entire criminal background.
How Long Does a Criminal Background Check Take in Florida?
How long a criminal record check takes in Florida depends on factors like the type of background check requested, the availability of criminal records, and the organization conducting the search.
Basic background checks, which involve verifying criminal records, employment history, and educational background, can take two to five business days.
More extensive screenings, like Level 2 checks can take several weeks.
Manual searches of local court records, holidays, and other factors can extend the time to complete a criminal records check.
There might be delays when requesting a criminal record from multiple counties, especially from smaller counties or counties less connected to statewide systems like Franklin County, Glades County, and Liberty County.
Local Criminal Justice Agencies in Florida Background Checks
Local criminal justice agencies in Florida play an important role in the state’s background check process, as they are responsible for managing and providing access to criminal records.
These agencies work closely with the FDLE and other authorities to manage criminal record information used in background checks.
County-Level Criminal Records
Each county in Florida is responsible for maintaining its own criminal records database.
This criminal record can include arrests, charges, and convictions, stored in the county courts or sheriff’s offices.
Authorized parties, including employers, can access this criminal history database when conducting pre-employment background checks.
For example, an employer in Seminole County may request a criminal record from the local justice agency to verify a candidate’s criminal history.
Accessing Criminal Records From Local Agencies
Some local criminal justice agencies in Florida allow public access to criminal records, but the process and level of access can vary by county.
Counties like Broward County and Marion County allow individuals and organizations to request for a criminal record through an online portal or website.
This makes it easier for employers, landlords, and other parties to access county-specific criminal records and information.
If requesting criminal records online is not possible, individuals may need to appear at the county courts or sheriff’s office to request criminal records in person.
Florida Criminal Background Check Laws and Regulations
Criminal record checks in Florida are regulated by laws to protect the rights of the individuals being checked and the employers who need the information to make decisions.
These laws outline the process for accessing criminal records and the appropriate use of criminal history information.
Federal and State Laws
At the federal level, the Fair Credit Reporting Act governs how employers can use background checks in the hiring process.
The FCRA states that employers must get written consent from the applicant before running a criminal records check. The applicant can also dispute inaccurate information found in the report.
In contrast, under Florida’s Sunshine Law and Public Records Law, many government records are available to the public.
Since both federal and state laws apply in Florida, the need for consent depends on how you access and use the criminal records.
Employers and landlords can request criminal background checks through the FDLE which manages and provides access to criminal records along with local law enforcement agencies.
However, they must follow specific rules when using these criminal records.
They must evaluate factors such as the nature, relevance, and timing of the crime relating to the job or rental property being considered.
Miya’s Law
An important law related to landlords in Florida is Miya’s Law.
Miya’s Law requires landlords and property managers to conduct extensive background checks, including criminal background and sex offender registry checks, as a condition of employment.
This statewide law was passed in Florida in 2022 after the tragic murder of a 19-year-old college student by a maintenance worker who had access to her apartment.
Applicants found guilty of certain offenses involving violence and disregard for safety are considered ineligible to work in housing complexes.
Florida Fair Hiring Laws
There are currently no statewide ban-the-box laws in Florida.
However, many counties have adopted their own policies that govern when employers can ask about an applicant’s criminal record during the initial hiring.
For example, Miami-Dade County, Broward County, and Leon County all have local ordinances that prohibit asking about criminal history records or conducting background checks until there is a conditional offer of employment.
This only applies to state and county jobs, excluding private employers.
These local ordinances help individuals with a criminal record have a fair chance to show their qualifications before disclosing their criminal history.
E-Verify System
As of January 1, 2021, private employers in Florida must verify a new hire’s eligibility to work in the U.S. through the E-Verify system.
Alternatively, they can collect the documentation needed to confirm the new hire’s legal employment status with the U.S. Citizenship and Immigration Services (USCIS).
Expungement Law
Florida’s expungement law allows individuals to petition the court to remove criminal records and limit their access to employers.
Once granted, the individual does not need to disclose the expunged record to their employers. However, law enforcement can still retain these criminal records for future cases.
Expungement is generally available once in a lifetime, which means an individual can only have one felony criminal record expunged in their lifetime.
Certain offenses are ineligible for expungement, such as arson, sexual battery, and crimes involving minors.
Best Practices for Conducting a Florida Background Check
1. Get Written Consent
The Fair Credit Reporting Act requires employers and other organizations to have clear, written permission from the individual before conducting a background check.
Obtaining consent protects the candidate’s privacy and keeps the process transparent and compliant with federal law.
2. Be Transparent About the Process
Transparency is key when conducting Florida background checks.
Make sure the individual is fully informed about the type of background check you plan to conduct and how you will use the information collected.
Whether you are checking criminal history, verifying employment, or reviewing motor vehicle records, it is important to explain the purpose of the check and the factors to be considered in making a decision.
Clear communication helps build trust and prevents misunderstandings later in the hiring process.
3. Comply With Florida and Federal Laws
It is necessary to comply with both state and federal laws when conducting background checks in Florida.
The Fair Credit Reporting Act regulates how background checks can be used during the hiring process, while state-wide laws like Miya’s Law provide additional layers of governance.
Make sure your background check process complies with these laws to avoid legal issues and guarantee a fair hiring process.
The Cost of Criminal Background Check in Florida
Running background checks in Florida is not free. The amount you’ll need to pay varies depending on what type of background check you wish to perform.
- Federal background: $24
- Public record requests: $24
- Level 2: $70-$100
- Employee background: $5-$109
Bear in mind that these prices are per search.
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FAQs About Criminal Background Check Florida
Can I run a background check on someone without their consent?
No. In Florida, you must obtain an individual’s written consent or permission to conduct a background check unless you are accessing public records that do not require consent.
Are juvenile records included in a background check?
Juvenile records are generally not part of a standard background check in Florida. However, if a juvenile was tried as an adult or the offense involved a serious crime, then the record remains on file.
How do I dispute incorrect information on my criminal background check?
To dispute incorrect information, contact the background check provider and file an official dispute. Include evidence that supports your claim of inaccurate or outdated information. The provider should investigate the dispute and correct any confirmed errors.
