Complying With Florida Background Check Laws

June 11, 2019

There are usually specific types of background investigations for specific types of jobs, such as working with vulnerable people like the disabled, children or the elderly, and this is no different in the state of Florida. Additionally, if an individual has a certain felony on their record, they must wait for 3 years before they’re allowed to be employed in certain roles, such as those mentioned previously. There are of course some felonies that will mean an individual may never be allowed to work in certain fields and may be denied clearance completely.

What are the background check laws for Florida?

Level 1 and level 2 background checks in Florida are governed by laws and determined by the nature of the job being applied for. Level 1 and Level 2 are terms unique to this state in terms of background investigations and are not used by other states or the FBI, they are outlined in Chapter 435 of the Florida Statutes.

For those screened at Level 1, they must undergo a series of checks, such as employment history checks and state-wide criminal correspondence checks through the Department of Law Enforcement. Additionally, the National Sex Offender Registry and local criminal records must also be checked.

For individuals screened at Level 2 in Florida, they are required by law to have their fingerprints taken so that criminal records from the entire state can be checked with the Department of Law Enforcement. FBI and local law enforcement agency checks are also included in Level 2 screening, and if the check comes back with certain ‘disqualifying offences’, clearance will be denied.

There are a multitude of offences classed as disqualifying, and they usually involve a potential problem when dealing with vulnerable members of society, such as sexual misconduct with disabled people, the abuse of adults, neglect of the elderly, murder, manslaughter and so on.

The 7-year Florida background check:

Once you’ve been screened for a job, your record will usually remain in your background report indefinitely, unless it has been expunged. That said, there are some kinds of records like civil judgments or arrest records that are limited by the Fair Credit Reporting Acts 7 year rule, a rule that requires the records to be removed after 7 years. This rule is applicable to every U.S. state.

It’s always best to seek professional help when attempting to understand the rules and regulations that apply to background screening checks, and there are always reputable firms who will provide not only this service but others too, such as payroll and human resources.


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