Florida Background Checks

Employers commonly use background checks in Florida as part of the hiring process to learn more about a candidate’s history, including their criminal record, driving history, education, past employment, and professional licenses. Background checks help employers determine a candidate’s qualifications and eligibility for a role. In Florida, individuals may also run personal background checks on themselves or others.

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What is a Florida background check?

A background check in Florida is a process used by employers to gather information about candidates. Background checks for employment typically search various public records and databases, including court records, law enforcement records, and motor vehicle records. Employers generally use pre-employment background screenings to verify information about an individual, beyond what’s listed on a job application or resume. Background checks are also used by hiring managers to identify potential risks in a candidate’s history, like an unfavorable driving record.

The scope of pre-employment background checks in Florida vary depending on the company’s background check policy, industry, and any applicable laws. Some industries, like healthcare, typically require comprehensive background checks, including criminal background checks and professional license verification. Additionally, a Florida motor vehicle record (MVR) check is legally required for certain positions, such as school bus drivers, commercial trucking, and those regulated by the Department of Transportation (DOT). 

Here are some of the most common types of screenings conducted during a Florida background check: 

• Criminal background checks in Florida return federal, state, and county records and show information about an individual’s criminal record, including misdemeanor and felony criminal convictions, arrest records, and pending criminal charges. 
• Employment verification confirms a candidate’s past job history, including titles and dates of employment. 
• Education verification confirms the schools an individual attended and degrees they obtained.
• Driving record and MVR check searches Florida motor vehicle records for information, such as license status, license class, moving violations, accidents, or DUIs. 
• Civil court checks report a candidate’s history of lawsuits, judgments, liens, and other non-criminal court records.
• Credit checks show a candidate’s credit and payment history, bankruptcies, and accounts in collections.
• Drug testing screens a candidate for the use of controlled substances, such as prescription and illicit drugs.

Florida background check laws  

Employers in the US are required to follow the federal Fair Credit Reporting Act (FCRA) when conducting background checks for hiring purposes. For Florida employers, Miya’s Law applies specifically to landlords, and the City of Gainesville and Miami-Dade County both have Ban the Box laws. 

Additionally, two levels of Florida background checks apply to Florida employers legally required to screen for roles under FL Statute 943.0452. Per FL Statute 435.02, state agencies and employers in regulated industries, like healthcare and childcare, must conduct Level 1 and Level 2 Florida background checks directly through local, state, and federal law enforcement agencies. 

Here’s a closer look at the different laws that regulate Florida background checks.

Fair Credit Reporting Act

Employers who partner with a consumer reporting agency (CRA) to conduct background checks for employment must comply with the federal Fair Credit Reporting Act (FCRA). This includes businesses performing employment background checks for candidates or existing employees, as well as individuals running background checks for personal hiring decisions, such as employing tutors or contractors.

The FCRA governs how background check procedures are ordered when conducted through a CRA and how the information reported is considered in hiring decisions. Employers must obtain the candidate’s written consent to run a background check and provide an adverse action notice if they choose not to hire a candidate based on information on a background check.

Miya’s Law

Miya’s Law mandates that landlords and property managers must conduct background checks on their employees. Named for a woman who was murdered by a maintenance worker who had key fob access to her apartment, the law requires background checks as a condition for employment for all potential candidates for property roles. The law also requires property managers and landlords to give a certain time period of notice to a tenant before employees can enter their living quarters to conduct repairs.

Local Ban the Box ordinances

Gainesville’s Ban the Box law prohibits private employers from asking candidates about their criminal history until the employer has made a conditional employment offer to the candidate. Similarly, Miami-Dade County’s Ban the Box law prohibits county-level employers from asking for criminal history or conducting a background check on a candidate until that candidate is a finalist for a role.

Level 1 background checks

Level 1 background checks are name-based, Florida-only searches conducted through Florida law enforcement agencies. The scope of Level 1 checks includes employment verification, a statewide criminal record search, and a check of the national sex offender registry. Local law enforcement criminal record checks may be included in some Level 1 background checks.

Level 2 background checks

Level 2 background checks in Florida are a more detailed type of background check than Level 1. Fingerprinting is required through the Florida Department of Law Enforcement (FDLE) and the Federal Bureau of Investigation (FBI) to access state criminal and national criminal records. Local law enforcement criminal record checks are sometimes included. Level 2 checks also include a national sex offender registry check.

How to get a Florida background check

Employers and individuals can conduct Florida background checks on their own or work with a background check provider, like GoodHire. Performing background screenings in house can be a time-consuming process, involving manual searches of public and non-public records, like court records and professional references. While some records may be available online, many types of records need to be requested by mail, over the phone, or in person. 

For example, in Florida, individuals can purchase a copy of their Florida MVR from Florida Highway Safety and Motor Vehicles by submitting the Driver License Record Request Form by mail or by visiting a Florida driver license center. MVRs can also be accessed from court clerks or purchased from an authorized third-party provider.

Working with a background check provider, on the other hand, generally offers a more streamlined process. Turnaround times are faster, results are more accurate, and employers often receive support for complying with relevant laws. Additionally, it’s often easier to bundle multiple types of screenings for more comprehensive reporting. 

Here is a more in-depth look at how employers and individuals can get a background check in Florida.

For employment purposes

Employers required under Florida law to conduct Level 1 and Level 2 background checks must use law enforcement to perform criminal record checks. For example, during Level 2 background checks, a fingerprint-based criminal record search must be conducted through both the FDLE and FBI. A sex offender registry check is also completed using fingerprinting.

However, regulated Florida employers may also choose to work with a CRA, like GoodHire, to perform preliminary searches or supplementary checks to gather additional information beyond Level 1 and Level 2 checks. 

Employers outside of these regulated industries have the option to conduct comprehensive state of Florida background checks on their own or work with a trusted CRA.

Employers that work with a CRA in any capacity for background checks must comply with the federal Fair Credit Reporting Act (FCRA). Under the FCRA, employers must inform candidates in writing that a background check will be run for employment purposes and receive written consent from each candidate before proceeding. Employers that decide not to hire an individual based on information that shows up on a background check must follow an adverse action process.

For personal use 

Individuals who want to see what may show up when a prospective employer performs a background check may choose to run a personal background check. If information is inaccurate, candidates can take steps to dispute errors. For instance, if credit information is incorrect due to identity theft, an individual can report the discrepancy to the three major credit bureaus (Experian, Equifax, and TransUnion). If a criminal court record is outdated, an individual can contact law enforcement or the courts to request that their file be updated to reflect the latest status.

Individual background checks can be performed manually by contacting courts and law enforcement agencies directly to order copies of reports online, by phone, by mail, or in person. You may choose to work with a trusted background check provider, like GoodHire. GoodHire’s personal background check includes a Social Security number trace, sex offender registry check, global watchlist search, and various criminal record searches.

Ready to run background checks the modern way?

Employers that partner with GoodHire to perform background screenings experience an efficient and accurate background check process. GoodHire’s access to multiple databases means public records can be searched quickly and screenings can be completed in as little as one day. 

GoodHire’s 100+ screening options can be easily customized into background check packages for every role, at any scale. Our user-friendly online platform with built-in, automated workflows and compliance support may help employers hire faster. Get started with employment background checks today.
Individuals who want to see what might show up on a background check may also benefit by working with a trusted background check partner, like GoodHire. Reports are easy to order online, and results only take a few minutes.