FDLE CRIMINAL HISTORY RECORD CHECKS
FLORIDA EMPLOYMENT SCREENING BACKGROUND CHECKS
Some specific employees are required to use the FDLE criminal record check report in the course of their employment screening.
It should be noted however, that this criminal background check is limited to those records compiled by the state of Florida.
The Florida Department Of Law enforcement records do not include criminal records from any other state or Federal criminal records repository.
For A Few Dollars More
Your employment screening background check can include a nationwide check of criminal records including a check of state, county and Federal criminal record repositories.
Not the least of which is a check of the sex offender registry in all 50 states.
Unless mandated by law, it would seem prudent to employ the much more extensive criminal record background search we can provide.
Definitions: Criminal History Record Check: The term “background check” is often used interchangeably with “criminal history check” or “criminal history record check” which causes some confusion.
Some companies use the phrase “background check” to include drivers record, credit history, or interviews with neighbors and employers. From the Florida Department of Law Enforcement (FDLE) perspective, a background check is a criminal history record check to determine if a person has been arrested and/or convicted of a crime.
For the purposes of this paper, it is a search of the following databases: • the Florida Computerized Criminal History (CCH) Central Repository for Florida arrests (STATE CHECK), • the Florida Computerized Criminal History Central Repository for Florida arrests AND the national criminal history database at the FBI for federal arrests and arrests from other states (STATE AND NATIONAL CHECK) and • the Florida Crime Information Center for warrants and domestic violence injunctions (HOT FILES CHECK).
A national criminal history record check is based on the submission of fingerprints. State criminal history record checks are based on a name (and other descriptors) or fingerprints.
Level 1 and Level 2 Background Checks:
Level 1 and Level 2 Background Checks are terms used in Florida Statutes to convey the method of the criminal history record check and the extent of the data searched.
However, the terms may also refer to certain disqualifying offenses if certain statutes are referenced. Level 1 and Level 2 are terms that pertain only to Florida and are not used by the FBI or other states.
They are defined in Chapter 435, Florida Statutes (F.S.), but are used elsewhere in statute without definition and appear not to be associated with all of the provisions in Chapter 435, F.S. • Level 1 generally refers to a state only name based check AND an employment history check. •
Level 2 generally refers to a state and national fingerprint based check and consideration of disqualifying offenses, and applies to those employees designated by law as holding positions of responsibility or trust.
Section 435.04, F.S., mandates Level 2 security background investigations be conducted on employees, defined as individuals required by law to be fingerprinted pursuant to Chapter 435, F.S. It should be noted that both the state and national criminal history databases can be searched for arrests, warrants, and other information pertaining to an individual.
However, neither database has the capability of searching for specific offenses within an individual record.
Frequently Asked Questions Regarding Criminal History Record Information
1. Are local criminal history record checks available?
Yes. Local criminal history record checks can be obtained directly from each county and reflects criminal history information solely from their jurisdiction.
2. Are state only criminal history record checks available?
Yes. FDLE provides public access to Florida criminal history information consistent with Section 943.053, F.S.
The fee for a state criminal history record check has been statutorily set at $24.00 per record check.
These checks are performed by a name request or submitting a fingerprint card. State criminal history record checks can be obtained by mail at:
Florida Department of Law Enforcement Attn: Criminal History Services Post Office Box 1489 Tallahassee, FL 32302-1489
Requests should include a return address, the subject’s name any known aliases, date of birth or approximate age, race, sex and social security number (optional).
A check or money order for $24.00, made payable to FDLE, per record check must accompany the request.
This process takes approximately five business days excluding postal delivery time. State criminal history record checks can also be obtained online through our Computerized Criminal History on the Internet (CCH Inet) service at https://www2.fdle.state.fl.us/CCHinet/.
The $24.00 fee will be made payable by a valid credit card (Visa, MasterCard, Discover or American Express).
Users will process the criminal history record check online with the results presented during the session.
Requests for certified (notarized) criminal history results can not be processed through CCH Inet. Such requests must be made via mail.
Contact Criminal History Services at (850) 410-8109 or BackgroundChecks@fdle.state.fl.us for questions regarding state only criminal history record checks.
3. Is there a presumption against negligent hiring when an employer conducts a background investigation of a prospective employee?
Yes. Pursuant to Section 768.096, F.S., in the case of an intentional tort, an employer is presumed not to have been negligent in hiring an employee if before hiring the employee, the employer conducted a background investigation of the prospective employee and the information did not reveal any information that reasonably demonstrated unsuitability of the prospective employee for the work to be performed or for general employment.
The background investigation must include a criminal background investigation.
The statute specifically provides if an employer requests and obtains from FDLE a state criminal history record check, the employer has satisfied the criminal background investigation requirement for the presumption.
2 4. Can I get warrant information or sexual offender/predator information without performing a criminal history record check?
Yes. Independent of a criminal history record check, the public can access this information free of charge. FDLE’s Public Access System at http://pas.fdle.state.fl.us provides information on wanted persons and missing persons.
Sexual offender and predator information can be obtained at http://offender.fdle.state.fl.us.
This site allows the public to perform several types of searches including by offender, neighborhood and email address.
5. What are the requirements for a state criminal history record check and national criminal history record check? State Check: May be obtained by submitting a name request or by submitting a fingerprint card. National Check:
The following must be in place, as required by the FBI, to receive a national criminal history record check: •
A statute must exist as a result of a legislative enactment; •
It must require the fingerprinting of applicants who are subject to a national criminal history record check; •
It must expressly (“submit to the FBI”) or by implication (“submit for a national check”) authorize the use of FBI records for the screening of applicants; •
It must identify the specific category(ies) of licensees/employees falling within its authority; •
It must not be against public policy; •
It may not authorize receipt of the criminal history record information by a private entity; •
The recipient of the criminal history record check results must be a governmental entity; •
The entity must sign a User Agreement indicating it will comply with the terms and conditions set forth in rule by the FBI; and •
The fingerprint submission must be first processed through the state repository for a search of its records.