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 2019

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.

Florida
Arrest:
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 acriminal 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.
943.0585.

Conviction:

No Florida statutes have been located that restrict an employer’s 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

Alachua County

Alachua County records of misdemeanor and felony dispositions. Records on approximately 362,000 persons. Results include name, address, birth date, race, sex, degree of offense, and case number.

Bay County
Bay County records since 1984 on over 260,000 offenders. Results include name, address, birth date, race, sex, offense date, sentence date and case number.
Brevard County Felony, and Misdemeanor convictions from Brevard Circuit and County courts dating back to 1992.

Broward County
Circuit and County Clerk of Court Records of individuals convicted of a felony or misdemeanor since 1992.

Charlotte County (Englewood Area)
Circuit and County Court criminal convictions for felony, misdemeanor, and traffic offenses. Data from 1990 – present. Data includes Case Number, Name, Address, SSN, Charges Filed Date, Charge, Disposition Date, Disposition Verdict, Sentence.

Clay County
Florida Clay County data consists of felony and misdemeanor convictions since 1991. Data may include name, date of birth, race, sex, offense, offense date and arrest date. Data is updated monthly.

Dade County (Miami Area)
Court records of felony and misdemeanor dispositions since 1980. Records on approximately 296,000 persons. Search results show the file date, case number, defendant name, DOB, race, sex, charges disposition, disposition date and sentence.

Duval County
Court records of misdemeanor and felony dispositions dating back to 1988. Records on approximately 579,000 persons. Results show name, DOB, race, sex, charges, arrest date, disposition, case no. and disposition date.

Escambia County
Courts records of Felony / misdemeanor convictions. Data includes name, date of birth, race, sex, offense, offense date, arrest date.

Hernando County
Data contains felony and misdemeanor information on over 53,000 individuals. Data can include name, dob, address, offense, statute, case number, case date, fines, file date, status, attorneys, and judge.

Highlands County
Data contains misdemeanor and felony information on over 29,000 individuals. Data can include name, DOB, address, case number, offense, offense date, statute, and file date.

Hillsborough County
Court filings on felony and misdemeanor charges since 1988. Records on approximately 3,68,318 persons. Search results show the file date, case number, defendant name, DOB, race, sex and charges. Note: These are filings ONLY, not dispositions. Records updated monthly.

Indian River County
Indian River County Court felony and misdemeanor records since 1988. Results may include name, address, DOB, race, gender, offense, degree of offense, case number and disposition. Source is updated monthly.

Lee County
Data from Lee County consists of misdemeanor and felony dispositions dating back to 2001. Data includes name, date of birth, race, sex, offense, offense date, arrest date, disposition, disposition date, statute, and case number. Data is updated monthly.

Leon County
Data contains felony and misdemeanor information on over 17,000 individuals. Data can include name, dob, offense, degree of offense, statute, and file date.

Marion
Circuit Court Case filings (Felony w/ a very few state level misdemeanors). To be updated monthly.

Monroe County
Data from Monroe County consists of felony and misdemeanor convictions since 1993. Data includes name, date of birth, race, sex, offense, offense date, arrest date. Data is updated monthly.

Orange County
Court records on felony and misdemeanor dispositions since 1990. Records on approximately 229,500 persons. Search results show the file date, sentence date, case number, defendant name, DOB, race, sex, charges and sentence.

Osceola County
Data contains felony and misdemeanor information on over 518,000 individuals. Data can include name, dob, offense, degree of offense, disposition, disposition date, sentence and file date.

Palm Beach County
Court records of misdemeanor and felony dispositions dating back to 1990. Records on approximately 612,331 persons. Results show name, DOB, race, sex, charges, arrest date, disposition, case no. and disposition date.

Pinellas County
Court records of Felony dispositions since 1990. Records on approximately 239,000 persons. Results show case number, defendant name, DOB, race, sex, charges, disposition, disposition date, and sentence.

Sarasota County
Data from Sarasota County consists of felony and misdemeanor records on over 474,070 individuals. Data may contain name, date of birth, race, sex, offenses, disposition, case number, and file date. Data is updated monthly.

Suwannee County
Data contains felony and misdemeanor information since 1996 on over 6,700 individuals. Data can include name, dob, offense, degree of offense, disposition date, and file date. Updated monthly.

Florida Dept of Corrections
Corrections records of statewide criminal convictions and guilty pleas (mainly felonies) on persons who have been sentenced to serve time or community service, or have received a suspended sentence or probation at a state facility since 1979. Records on approximately 1.3 million persons.

These records include persons guilty of felonies and some state-level misdemeanors. Results may include the disposition date, arrest date, county, case #, defendant name, DOB, race, sex, charge(s), dispositions and sentence.

Florida Sex Offender
This database contains public record information on offenders classified as sexual predators and sexual offenders under Florida law because of a conviction for a sex-related crime and/or a specified crime against children.

WARNINGS: 1) Positive identification cannot be made without a fingerprint comparison; and 2) This information is provided as a service for the public’s benefit and may not be used in the perpetration of any criminal act or harassment against these individuals.

Disclaimer
None of the information contained in this web site should be construed as legal advice. All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way.