Florida Employment Background Check Services
All employment background check services including instant employment driving records, employment drug screening and employment criminal record background checks are available in Florida.
Florida Laws on Use of Criminal Records Updated January 2018
Unless noted below, Florida does not have restrictions on performing background checks. The law creates special rules for certain drug offenses.
However, unless the conviction was for a felony or first-degree misdemeanor and is directly related to the type of work the person will do in that profession, the law specifically prohibits state and local agencies from denying someone a license, permit, or certificate to engage in a particular profession or industry based on a prior conviction.
Of course the law (with certain exceptions) does not require employers to conduct pre-employment criminal background checks. And businesses won’t be presumed to be guilty of negligent hiring if they do not conduct background checks.
Negligent Hiring Protection
In many states, when anyone is injured by an employee’s misconduct, a suit is often filed alleging “negligent hiring” on the part of the employer.
Florida law provides employers with some protections not found in many states.
When Florida employers conduct a good criminal record background check, employers are legally presumed not to have been negligent in hiring if they conduct a background investigation before hiring employees.
If the criminal record background check did not uncover any information reasonably demonstrating that the employee was unfit for employment, the employer is entitled to a presumption that it did not act negligently.
This is where it may be important for the employer to be able to argue that not only did they conduct a background check, but that they they conducted a thorough pre employment background check performed by a credible company.
A current Florida county criminal records background check is recommended for the most up to date and complete employment background check information.consideration to providing jobs to qualified individuals, including those with criminal convictions.
Our criminal records Smart Search Plus® has become the industry standard for a quality criminal records background check.
It includes an unlimited check of the Federal criminal records repositories in the states where the applicant has lived for the past 7 years.
It also includes a check of any needed state and county criminal records checks as well as a social security number address history trace, a multi-state criminal records database search and a check of of the sex offender registry in all 50 states.
It is the criminal records background check now chosen by most of our clients. For a brief overview of all of our employment screening services, please Click Here
All of our employment background checks are FCRA compliant.
No Florida statutes have been located that restrict an employer’s ability to obtain and/or use arrest records.
However,a person whose criminal history records have been expunged or sealed may lawfully deny or fail to acknowledge the arrest, except when the person is (a) a candidate for employment with a criminal justice agency;
(b) a defendant in a criminal prosecution;
(c) petitioning to have his or her record expunged or sealed;
(d) a candidate for admission to the Florida bar;
(e)seeking to be employed or licensed by the state Department of Education, a district school board, or any local governmental entity that licenses child care facilities; or
(f) seeking to be employed by, licensed by, or contracted with the state Department of Children and Family Services or Department of Juvenile Justice, or to be employed or used by a contractor or licensee in a position involving direct contact with children, the developmentally disabled, the aged, or the elderly.
Fla. Stat. ch.
No Florida statutes have been located that restrict an employers ability to obtain and/or use conviction records.
Florida Rule of Criminal Procedure 3.702(d)(2) defines “conviction” as “a determination of guilt resulting from plea or trial,regardless of whether adjudication was withheld or whether imposition of sentence was suspended.”
Some state governments are now becoming involved and have recently enacted legislation to help employers decrease liability and the potential for workplace violence.
Failure to take advantage of this new legislation may be costly, both in liability and harm to employees (Fla. Stat. § 768.096). This new law creates a presumption against negligent hiring if an employer conducts
a reasonable background investigation.
Jessica Lunsford Act
On June 20, 2007, Governor Charlie Crist signed into law Senate Bill 988, Relating to High Risk Offenders. The bill, effective on July 1, 2007, requires specific notations on the driver’s licenses of sexual predators, and established standards and procedures related to the background screening of individuals who provide contracted non-instructional services to Florida public schools or districts.
The sections of Florida law pertinent to the screening of individuals who are vendors or contractors with a Florida public school or district as amended or created by Senate Bill 988, may be accessed at:
Section 1012.465, Florida Statutes
Section 1012.467, Florida Statutes
Section 1012.468, Florida Statutes