What Shows Up on a Florida Employment Background Check?

Your personal information may be subject to a Florida employment background check if you apply for a job in the Sunshine State.

What Information Are Potential Employers Looking to Find?

In most cases, a potential employer will look at a variety of records, including your driving record, any criminal records and credit history. The type of information an employer needs to know in order to make a decision on whether or not to hire you also depends upon the nature of the potential job.

Will I Automatically Be Eliminated from the Hiring Pool if I’ve Had a Criminal Conviction?

Not necessarily. Florida state law says you can’t be prevented from being hired because of a record of conviction unless your record includes felonies or first degree misdemeanors that are directly related to the job.

What if I Have Been Convicted of Drug-related Crimes?

According to Florida state law, a person who has been convicted of drug charges has to complete a rehabilitation program before seeking public employment.

If I Have a Felony Conviction, Can I Still Obtain a Job as a Corrections Officer?

In Florida, you may be prevented from being hired in corrections, law enforcement or fighting fires if you have a criminal record.

If I Received a DUI in 2002, Will That Appear in a Background Check?

If it ends in a conviction, a DUI will always be visible as part of a criminal record.

What Incentive Does the Florida Employer Have to Conduct a Background Check?

In addition to wanting to protect their own business, their reputation and their assets, the Florida employer can be held accountable by a third party if the third party is harmed by one of the Florida employer’s employees. If it can be shown that no criminal history was searched as part of the Florida employment background check prior to hiring the offending employee, the Florida employer may face a lawsuit alleging negligent hiring.

How Does the Fair Credit Reporting Act (FCRA) Affect My Rights in Regards to Background Checks?

The FCRA requires the employer to obtain written consent from the job applicant prior to running a criminal background check. If something on the report disqualifies the employee from being hired, the employer must inform the applicant that something in the report has prevented the employer from moving forward with the hiring process and must provide the applicant with a copy of the report. The applicant has the right to dispute inaccurate information.

Can My Potential Employer Find Out if I Faced Disciplinary Measures at My Previous Employer?

As part of the Florida employment background check, a former employer may provide personnel records that include disciplinary action and/or reason for termination.

How Does Title VII of the Civil Rights Act of 1964 Protect Job Applicants?

Statistics show arrest and conviction rates are higher in the U.S. for people of African American or Latino backgrounds. If an employer says no one who has ever had a conviction for anything cannot be hired, that employer could face charges of race discrimination.

What Does the Equal Employment Opportunity Commission (EEOC) Do?

The EEOC helps maintain a balance of protecting the employers from hiring dangerous criminals and of helping people with previous convictions obtain employment. Before disqualifying a job applicant because of a prior conviction, the employer needs to take into consideration how long ago the crime occurred, the type and seriousness of the offense, and the type of job the person is seeking.

Join a Free Florida Employee Background Check Class Action Lawsuit Investigation

If a company performed a background check on you as part of the pre-employment process in Florida in the last 5 years, an experienced employment attorney can help you determine if the employer complied with federal rules during that process.

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This article is not legal advice. It is presented
for informational purposes only.