Background Check in Florida: What You Need to Know

Lily Evans - November 15, 2024

Background checks can seem intensive and overwhelming, but these reports are a necessity for many different screening processes. The state of Florida does have certain laws surrounding the background check process, and there is generally a set of steps that need to be followed for official background check reporting. 

Our article tells you everything you need to know about Florida background checks, including what might be shown on your background check in Florida and the steps to this process.

When Will I Be Asked To Submit a Background Check in Florida?

In Florida, the most common reason to be asked to submit an official background check report is part of a pre-hiring or screening process. Employers in a variety of career fields will ask potential employees to submit their background check reports so they can ensure that they have the necessary qualifications for a specific job. 

Reviewing someone’s background check report can confirm identity, and it can help employers evaluate whether or not someone will be a threat to the workplace if they are hired. Employers must perform their due diligence when hiring new individuals to avoid future criminal or legal issues.

There are other reasons why you may be asked to submit a background check. You may need one as part of the screening process for a volunteer opportunity or as part of a verification of academic or employment history for a professional program. Checks may also come up as a routine screening for current employees of a specific company. 

Federal and state-level government positions may be more likely to conduct these routine checks on employees.

What Is a Florida State Background Check?

A Florida state background check uses the state’s background check service to look through criminal records and other important court records that may need to be reviewed. 

There is a fee for utilizing Florida’s background check service. The reports that employers and other individuals can obtain from this service include details on felony charges and other minor criminal charges, in addition to other personal details.

The Florida state background check primarily focuses on criminal and civil records. This type of background check may be run alongside a more complete personal history background check.

Are Pre-hiring Background Checks Different Than State Background Checks?

Pre-hiring background checks are similar to state background checks, as both of these types of background checks look into someone’s criminal and civil court history within Florida. 

However, pre-hiring background checks typically confirm someone’s identity, employment history, and educational information, in addition to criminal record details. Florida state background checks focus more on criminal and civil court history.

What Is the Most In-Depth Background Check in Florida?

The most in-depth background check in Florida is a Level 2 background check. 

Level 1 background checks utilize a name-based search and check through all Florida state records to confirm a person’s identity and criminal history. The Level 2 background check requires fingerprinting in addition to both an FBI and Florida Department of Law Enforcement (FDLE) background check report.

The Level 2 background check looks deeper into a person’s history, specifically a person’s criminal history. Potential federal offenses will also be uncovered alongside state-level criminal offenses and personal history information.

Background Check in Florida: Understanding the Process

Background checks in Florida follow a specific process. These steps allow employers and other individuals to adhere to both state and federal laws regarding consent and the disclosure of personal sensitive information. Below, we discuss the Florida background check process, so you know what to expect.

Informing You of a Background Check

Background checks in Florida can only be carried out when the individual who needs to submit a background check report is properly informed of this. 

Employers who require that a new employee passes a background check before they are officially hired must inform the applicant that a job offer is contingent upon passing a background check. This is generally included in the job application, and you will need to agree to this upon submitting your application.

Obtaining Consent

Once you have passed the basic application process, you will need to provide your consent to the official background check report that your employer is requesting. This means you generally be provided with a copy of your rights according to both federal and Florida state law. You will need to consent to the employer reviewing your background check information. 

Your employer may also be required to tell you exactly what they are looking for on your background check report.

Running the Background Check

After you have given your consent to the official background check, this report will be conducted. Your employer may conduct background checks in-house through an HR team, or they may be outsourcing your background check report to a third-party service. 

Depending on how your background check report is being conducted, it may take several days or up to a week for your report to reach your employer and be reviewed.

Providing You With a Copy of the Report 

It is your right in Florida to be provided with a copy of your background check report. This is to allow you to review your report and make sure of what your employer has seen. 

It’s very important to make sure that you review your own report and look for inconsistencies or errors and to get these corrected before an official background check report is carried out. This prevents any issues with your background check report that could potentially cause you to fail and lose a job that is contingent on passing.

Passing or Failing the Background Check

If you pass your background check report, then there is no further action required on your behalf. Your employer will move you to the next step in the hiring process, which could be onboarding or additional screening and verification procedures. You will need to speak to your employer directly to understand what your next steps are after passing your background check report.

If something on your background check report disqualifies you, you may fail your background check report. Every employer has different criteria for what could cause you to fail, so it’s important to understand this before your background check report is conducted. Failing a background check means you move to the next step in this process.

Allowing Context and Disputing Findings

Florida state law allows you to provide additional context and dispute the results of your background check report. If you have failed a background check report, your employer is legally required to give you notice of ‘pre-adverse action,’ which is typically the process of rejecting your application due to background check findings.

You will be provided with a copy of your report and the issue that caused you to fail the background check, and you can dispute the report from there. Remember, it is important to ensure your background check report is updated to avoid any errors on your report from causing this issue.

If you are having trouble with failing a background check report and a dispute, you may need the help of a legal professional to give you details on your next steps.

Do I Need to Provide Consent to a Background Check?

As we mentioned above, you will need to provide consent to any official background check that is being performed on you. 

This is both part of Florida state law and part of federal law to protect the personal and private information of individuals during the background check process. Any official background check conducted by a potential employer or by an official entity must follow these laws.

That being said, someone can research your criminal or civil records in Florida for their own curiosity without obtaining your consent. This is simply because these records are public records, and any member of the public can access them for virtually any reason.

How Do I Check My Own Background Report?

If you are interested in viewing your own background check report, you can easily find this information by using a people search tool like ours at CheckPeople. 

A people search tool only requires your name and location; it will quickly look through all of the publicly available Florida records to compile a report about your personal history. Items that may be shown on your background check report include your contact details, social media or online accounts, employment and education history, and criminal or civil court details.

As you review your own background check report, you can take the time to look for inconsistencies and errors. Reporting these errors and getting items adjusted can help you when an official background check report is requested, as you will want to make sure that your report is as accurate and up-to-date as possible.

How Far Back Do Background Checks in Florida Look?

There are no laws in Florida that specifically limit how far back a background check report can go. Background checks in Florida may look back at between seven and ten years of personal and criminal history on average. Level 2 background checks and more in-depth checks can potentially look back at up to 20 years of history. 

If you are concerned about how much of your personal history will be visible to the person requesting your background check report, you should speak to them directly.

Preparing For Your Background Check in Florida

Background checks are not the most pleasant of activities, as having someone look into your personal history can be nerve-wracking. However, they’re necessary for most jobs and as part of a screening process for certain important positions and educational programs. 

Without a background check, employers and other entities may be putting the workplace at risk by hiring potentially dangerous or unqualified individuals.

Make sure to review the steps of the Florida background check process above. Then, you can rest assured that you understand the basics of this process as well as your rights.