An Employer’s Guide to Florida Background Checks
Employers use background checks to evaluate potential hires and choose the right person for the company. These checks search a candidate’s history to develop a complete image of them, establishing their qualifications and eligibility for the role.
Background checks provide insightful information about an applicant’s criminal record, employment history, education, and more. Employers must understand how they work and what regulations apply before implementing them in pre-employment.
This guide covers the essentials of Florida background checks: the information they provide, how extensive they are, how long they take, and the laws employers must be aware of.
What Is a Florida Background Check?
A Florida background check is a screening process to investigate an employee’s or applicant’s history. These checks verify an applicant’s identity and conduct comprehensive exams of information relevant to the position, including but not limited to criminal, educational, and employment history.
While anyone can conduct a background check, HR departments most often use them to vet potential employees, typically through third parties. Employers implement a background check program for several reasons.
Employers often utilize background checks during the standard onboarding process. They use various searches to verify that applicants are who they say they are and investigate their history to make informed hiring decisions. Background checks confirm an applicant’s qualifications for a role and present valuable insight beyond what’s shown on a resume.
While most screening occurs before hiring, companies also conduct background checks on managerial candidates. Managerial roles carry a higher level of responsibility, so these searches may be more extensive than those for entry-level employees.
Individuals applying for caring professions are also extensively screened. EMS personnel, first responders, caregivers, and similar positions work with vulnerable populations such as children and elderly adults. Therefore, employees in these fields must be thoroughly screened to protect those communities.
Background checks ensure a safe and productive environment, mitigate risk, and protect the company’s image. Common searches include criminal history checks, credit checks, and education verification. Choosing the appropriate search types for certain positions is essential to finding highly qualified candidates.
Florida has two types of background checks: level 1 and level 2. Level 1 checks are state-only, name-based checks that cover an individual’s employment history, state criminal history, and sex offender registry status. They sometimes include a credit check. If a criminal record is shown during a level 1 check, details about the offense are not provided.
Level 2 checks require fingerprinting and an extensive FBI and Florida Department of Law Enforcement (FDLE) background check. This check searches state and national criminal records.
Applicants with prohibited offenses on their record will be disqualified. Level 1 and 2 checks are required for state agencies and employers in certain industries. Employers may work with third parties to investigate information not included in these checks.
What Does a Background Check Show In Florida?
Florida background checks show different information depending on the search type conducted. Common searches include criminal record checks, education verification, employment verification, driving record checks, professional license verification, and sex offender registry checks.
- Criminal History: Criminal history searches reveal a candidate’s criminal convictions or pending criminal cases. Search results show the offense’s date, type, and severity. Employers can use this information to decide if an applicant is suitable for a position.
- Civil Court Checks: Civil court checks are used to search for lawsuits, foreclosures, restraining orders, and other civil matters relevant to the position. Employers typically conduct these types of searches to fill financial and managerial roles.
- Credit Background Check: Credit background checks investigate a candidate’s credit history, such as payments, accounts in collections, and bankruptcies. Employers often use the checks for roles that require financial responsibility.
- Employment Verification: Employment verification confirms an applicant’s past employment information. It ensures the information they provide is accurate by yielding the past employer’s name, address, contact information, dates of employment, and job positions held. Employers use this information to recognize gaps in employment, omitted employers, and whether the applicant has been honest.
- Education Verification: Education verification confirms an applicant’s education information. This search shows their past schools, including each institution’s name, address, contact information, dates of attendance, and any degrees, diplomas, or certificates awarded. Employers can see if applicants have been honest about their education and confirm their qualifications.
- Identity Verification: Identity verification confirms a candidate’s name, address, Social Security number, and birth date. It addresses the risk of identity theft and ensures the applicant is who they say they are. Employers use these searches to check if a stolen identity was used to apply.
- SSN Trace: A Social Security number (SSN) trace provides the date and state the applicant’s SSN was issued, all names and addresses linked with the SSN, and whether it is valid. Employers verify that the SSN belongs to the person applying.
- Professional License Verification: Professional license verifications are used for positions requiring a professional license. These checks show the license’s issue date, type, expiration date, and validity. Employers must verify an applicant’s professional license status to ensure employees are qualified and prevent negligent hiring claims.
- Sex Offender Registry Search: A sex offender registry search reveals if the applicant is currently registered as a sex offender. These search types disclose an applicant’s aliases, address, state of conviction, and unique characteristics. These checks are typically necessary for jobs with vulnerable populations such as children.
- Pre-Employment Drug Test: Many employers incorporate a pre-employment drug test program to maintain a drug-free workplace. This testing typically uses 5-panel drug tests that detect amphetamines, cocaine, opiates, PCP, and THC in the candidate’s urine. Drug screenings show recent drug use, not past substance abuse.
- Motor Vehicle Records Check: Motor Vehicle Records (MVR) checks are conducted by employers that hire people to operate vehicles. MVR checks show an applicant’s driver’s license information, traffic violations and crimes, and any points or suspensions. Employees use these checks to verify an applicant’s driving record, ensure they have the proper license, and confirm they are qualified and insurable.
- Social Media Checks: Though not traditionally employed during background checks, social media checks can provide a more complete image of a candidate. Job applications emphasize an applicant’s top qualities, while social media checks provide a more relaxed view of their behavior.
How Far Back Can a Background Check Go In Florida?
Under federal law, background checks can go as far as seven years into an applicant’s history for arrests, collection accounts, civil lawsuits, civil judgments, indictments, and paid tax liens, depending on the information requested.
This seven-year lookback period only applies to positions offering an annual salary of $75,000 or less. For positions exceeding $75,000, employers can assess records from when the applicant turned eighteen. Employment, education, and professional license information have no restrictions.
Bankruptcy records can go back ten years, and Florida motor vehicle reports can go back three to seven years. The seven-year rule applies to third parties, such as consumer reporting agencies, as they’re subject to federal and state regulations.
Florida state laws don’t limit how far back a background check can search. Most screenings go back indefinitely. However, employers must be aware of local ban-the-box laws restricting how and when criminal record information can be considered in hiring decision-making.
Florida does not automatically seal the criminal history of minors, but some records are automatically expunged when the individual reaches a certain age. Floridians may pursue the expunction of eligible records.
Applicants are not required to disclose expunged records even when asked about their history. If employers stumble upon expunged records, they’re advised to ignore them when hiring. Even when able, employers often choose not to search further than seven years back to avoid making decisions on outdated information.
How Long Does a Florida Background Check Take?
The turnaround time for a Florida background check depends on the extent of the search and the type of information requested. Common background checks return results in a matter of hours to a couple of days.
To do so, employers required to conduct level 1 or level 2 background checks must go through local, state, and federal law enforcement agencies, which can be time-consuming.
Running a background check on your own can be extremely time-consuming. Contacting past employers, searching county court records, and submitting requests to government agencies can overwhelm your HR team, especially while maintaining compliance.
Florida background checks can take from one to five business days to process. County checks vary by jurisdiction and can take especially long if records are not digitized. Civil court searches generally take seven to ten business days to process.
Motor vehicle records are often available within the same day, while employment and education verification can take one to five business days. Working with government agencies by mail can drastically increase turnaround times, while working with digital materials can decrease them.
Employers can streamline the screening process by partnering with a background check company. ScoutLogic’s extensive background check program maximizes efficiency, accuracy, and compliance maintenance.
Florida Background Check Laws & Requirements
Some Florida businesses are legally required to conduct background checks, while others implement them to maximize the information on applicants and make informed hiring decisions. Florida employers must follow several rules and regulations to maintain legal compliance.
Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) is a federal law that applies to background check providers collecting and reporting information for employment background checks. Enforced by the Federal Trade Commission (FTC), the FCRA protects consumer privacy in the information collected by consumer reporting agencies (CRAs).
Under the FCRA, consumer reporting agencies cannot report arrests without convictions, liens, judgments, or civil lawsuits to jobs offering less than $75,000 annually if that information is seven or more years old.
In addition, ten-year-old bankruptcies cannot be reported. These protections don’t apply to positions paying more than $75,000, nor does the FCRA restrict CRAs from reporting other basic information such as education and employment history.
Florida employers partnering with a CRA to conduct background checks must comply with regulations set by the FCRA. Employers must notify applicants in writing of their intent to conduct a background and obtain their consent.
The FCRA also advises employers on what to do with negative information found on an applicant’s background check. Before an employer can refuse to hire a candidate based on search results, they must complete the adverse action steps and equip the applicant with their FCRA rights.
Title VII of the 1964 Civil Rights Act
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against applicants based on race, color, religion, sex, or national origin. The Equal Employment Opportunity Commission (EEOC) enforces Title VII and advises employers on handling arrest and conviction records found in background checks.
Under this law, employers must assess convictions as they pertain to the job before refusing a hire based on their criminal record.
Fair Chance to Compete for Jobs Act
The Fair Chance to Compete for Jobs Act forbids federal agencies and contractors from inquiring about criminal history on applications. This federal ban-the-box law requires covered employers to make a conditional job offer before asking about their criminal history.
Employers hiring for roles requiring criminal history checks under federal or state law are exempted from the Fair Chance to Compete for Jobs Act.
Disqualification of Public Employees Based on Criminal Convictions (Florida Statute § 112.011)
Under Fla. Stat. § 112.011, public employers cannot refuse hiring of applicants purely based on a low-level criminal conviction. Applicants for public sector jobs can be denied employment based on felonies or first-degree misdemeanor convictions related to the position.
Applicants for Public Employment with Certain Drug Offenses (Florida Statue § 775.16)
Under Fla. Stat. § 775.16, applicants with felony drug convictions involving sales or trafficking are barred from state agency employment. However, individuals can qualify for these positions again if they fulfill the terms and conditions of their sentences and complete state-approved drug rehabilitation programs.
Ban-the-Box Laws
Florida does not have state-wide ban-the-box laws, but several Florida cities, including Lakeland, Orlando, and Gainesville, have their own ban-the-box and fair hiring laws. Florida encourages employers to conduct background checks by offering protection against negligent hiring claims.
Mandatory Use of E-Verify System (Florida Statute § 448.095)
Under Fla. Stat. § 448.095, private Florida employers must confirm an employee’s eligibility to work in the U.S. by enrolling in the E-Verify system or gathering the same documents used to verify employment eligibility by the U.S. Citizenship and Immigration Services (USCIS).
Expungement Law (Florida Statutes § 943.045-943.0585)
Under Fla. Stat. § 943.045, expunction is defined as the court-ordered destruction of a criminal record. Employers cannot access expunged records, but the record is retained only for law enforcement and prosecutors’ review if the applicant is charged with another offense.
Under Fla. Stat. § 943.0585, individuals seeking expungement must submit a petition to request it. Expungement is only available for one instance. An individual with disqualifying criminal offenses is not eligible for expungement.
Florida does not automatically expunge or seal records over time. Applicants are not required to disclose expunged records to employers, and they will not appear in background check results.
Frequently Asked Questions
Does Florida Follow the 7-Year Rule Background Checks?
Yes, consumer reporting agencies are prohibited from reporting arrests without convictions, liens, judgments, or civil lawsuits to Florida employers offering less than $75,000 annually if that information is seven or more years old. Bankruptcies cannot be reported after ten years. These restrictions do not apply to positions paying more than $75,000 a year.
Final Thoughts
Florida employers must be wary of background check regulations and compliance guidelines. Partnering with a qualified consumer reporting agency can ensure compliance while ensuring efficient delivery of high-quality candidate information.
Streamline the background screening process with ScoutLogic. ScoutLogic’s background check services cover every employer’s need to ensure you are equipped with tools to find top candidates and follow federal and state guidelines. Contact us today to learn more or request a quote.
Download this free guide to go into the searching process prepared. This guide includes actionable steps to:
- Gather your requirements
- Determine vendors
- Check references
- Determine success metrics