Florida Background Check
As a Florida business owner, you recognize the importance of recruiting the right people to help build your company and protect your image.
The most effective employees can boost the growth of your business—one of the best ways to build a positive work environment. The best way to do this is to conduct a Florida background check.
If you're in an interview process for hiring, it could be difficult to identify the most suitable candidates to fill the positions you have available. In addition, some applicants are shady on their resumes and application and can cause serious problems for your company if you choose to hire them.
Background checks before employment can assist you in selecting the top potential employees for your company. Therefore, you should ensure that you conduct background checks on potential employees that provide exact information and comply with.
Avoid relying on specific types of information when making decisions regarding employment to avoid breaking legal requirements and subjecting your business to the risk of liability.
Working with a reliable background check provider like The Koleman Group LLC will help you find the most suitable potential employees for your business. We conduct thousands of background checks for pre-employment each month for Miami, Orlando, Tampa, Tallahassee, Jacksonville, and Fort Lauderdale. In addition, we employ the most recent conducting background checks that meet all applicable laws.
In this article, we'll talk about the essential information regarding the process of conducting a background check in Florida and how you can stay in compliance.
Florida Work Background Checks 101 What are the requirements for screening?
In Florida, two types of background checks are available. They are:
- Level 1 checks. Checks of Level 1 are only state-specific checks based on a name. They offer a deep dive into the applicant's employment history along with local or state-wide criminal histories. They also determine whether the applicant's name is listed on the national sexual offender registry. It is possible to include a credit screening and the local criminal record check in some instances.
- Level 2 checks. Checks at Level 2 require fingerprinting and an extensive FBI and Florida Department of Law Enforcement (FDLE) background check. Candidates who have a history of prohibited crimes on their records will be denied after these background checks.
The list of prohibited offenses at Levels 1 and Level 2 checks is extensive. Per the website of the Florida State Government's website:
The Levels 1 and 2 standards stipulate that no one has been arrested and are waiting for the final determination of or have been found guilty regardless of adjudication or made in a plea of no contest or guilty or been declared as delinquent. Their records have never been closed or erased for an offense that is not that is prohibited by one of these laws of the law of the state or similar laws of another jurisdiction2:
(a) (a) 393.135 deals with sexual misconduct in certain developmentally disabled clients and the reporting of sexual misconduct.
(b) section 394.4593 regarding sexual assaults with certain patients with mental illness and reporting such sexual conduct.
(c) (c) 415.111 deals with adult neglect, abuse, or exploitation of elderly individuals or disabled adults.
(d) (d) 777.04 concerning solicitation, attempts, and conspiring to commit an offense as defined in this subsection.
(e) (e) Section 782.04 concerning murder.
(f) (f) 782.07 (f) Section 782.07 deals with manslaughter, aggravated murder of an older and disabled person, and aggravated murder of an infant.
(g) (g) 782.071, which deals with the homicide of a vehicle.
(h) (h) 782.09, which deals with the death of an unborn child due to injuries towards the mother.
(i) Chapter 784 deals with assault or battery and culpable negligence if the crime was an offense that is a crime of a felony. (j) section 784.011 concerning assault, when the person who was harmed was minor.
(k) Section 784.03 concerning battery, if the victim was minor.
There are a variety of other offenses that disqualify employees Florida employers must take note of. Visit the official website for a complete list of disqualifying offenses.
What information does an FDLE Background check Contain?
In many cases, employers employ the phrase "background check" as an alternative to "criminal background check." This can confuse hiring firms. FDLE will try to clarify the situation. The organization is saying about the data contained within their checks for background:
From an FDLE viewpoint From the perspective of FDLE, an FDLE perspective, a background check is a criminal background check to determine whether a person was or has been convicted of committing a crime. While some businesses use the term "background checks" to mean driver's records check, credit reports, or even interviews with neighbors and employers, for purposes of FDLE, it involves a lookup of these databases:
- The Florida Computerized Criminal History Central Repository contains Florida detentions (state lookup).
- The Florida Computerized Criminal History Central Repository for Florida arrests as well as The national database of criminal histories maintained by the FBI for arrests in federal courts and various States (state and national checks).
- The Florida Crime Information Center for warrants and domestic violence injunctions (warrant search of files).
- A national check for records relies on fingerprints submitted. State record checks are for state records. Submittals can be based on the name (and any other description) and fingerprints.
- While some businesses utilize FBI data in their background checks, the FDLE remains a valuable source for Florida employers.
Are there limitations on the information employers in Florida Should Use?
Yes. Some Florida background check reports are subject to restrictions under the federal FederalFair Credit Reporting Act, also known as FCRA. As per the FCRA's "7-year rule," for example, certain criminal convictions must be removed from an applicant's background within seven years.
These documents comprise civil lawsuits, judgments against applicants and arrest records, and tax liens that have been paid. The FCRA also imposes additional requirements upon Florida employers. In particular, the FCRA obliges employers to:
Get the permission of applicants before conducting the background check.
Inform applicants that the content in the report background check report could disqualify the applicant from being employed or result in the business hiring the applicant in a less prestigious job.
Give applicants copies of their background check reports.
Furthermore, the FCRA additional lycra obliges employers to conduct background checks to verify that the information on the report is up-to-date and up-to-date. If it's not, the applicant has the right to contest the information contained in the background check that will prompt an investigation from the agency reporting the background check. If the investigation proves that the report is inaccurate, both the employer and the applicant are sent written notices.
If employers and background check service providers fail to comply with the requirements of this section, applicants could be able to claim a right according to the FCRA.
Does a conviction always constitute Disqualifying for Florida Criminal Records?
But not always, there is not always. For example, per the guidelines set forth by the Equality Employment Opportunity Commission (EEOC) guidelines, employers can refuse applicants to work if background check records suggest that the applicant poses an excessive risk to the business.
Before a business takes this "adverse action," though, the EEOC will require them to take into consideration the following factors:
- The gravity of the offense is in question.
- The length of time which is now passed from the verdict.
- The offense's relation to the work.
Employers are also encouraged to provide the candidate with an opportunity to discuss the reason for the criminal conviction and the circumstances in which it occurred.
In certain instances, laws could prevent an employer from considering arrests on an applicant's criminal record and may prompt them to focus on convictions that have actually occurred, rather.
What is displayed on a Florida background check?
A majority of employers who run background checks before hiring via The Koleman Group LLC ask for information about the criminal history and employment verification and information regarding candidates' educational background and credentials.
Under the job that you're employing, you could inquire about other pertinent details.
If any of your applicants have criminal histories, Your Florida background check before employment background check might include the following kinds of details:
- Information on charging
- The date that the court case was filed
- The disposition of the case
- Disposition date
- The severity of the crime (misdemeanor or the level of the offense (felony or)
- Sentencing information
Employment verification from the past
Checking your applicant's work history is a crucial element of a pre-employment background check. It's a shame that some applicants be untrue about their previous work history in their resumes or applications.
If you ask for the verification of employment, you'll be given the date of each employment along with the various jobs that your candidate held at each of them. This kind of information can aid you in ensuring that the applicants you choose to employ are competent and reliable while protecting your company from any liability.
Credentials and education verifications
Finding applicants with the qualifications, degrees, and qualifications your jobs require is crucial to safeguard your company from false claims of hiring.
Suppose you ask for verification of an applicant's qualifications and education. In that case, You will be provided with information about the institution attended, and the candidate earned the degree and credentials your positions require.
How Can I Get a Florida Background Check for employment?
In Florida, The Division of Criminal Justice Information Services of the Florida Department of Law Enforcement is the central repository for criminal records for the state of Florida. The repository contains information about convictions and arrests for individuals with Criminal records from Florida.
Applicant criminal history information can be obtained through the agency's instant search or certified/non-certified search online. In addition, if you are an authorized organization with the ORI Number, you may perform an ORI search.
But, conducting these kinds of background checks does not provide you with any details regarding your applicants or other background information, such as their employment history or educational background.
Certain employers prefer to look through for local court records to determine whether their candidates have criminal convictions. However, this could be a lengthy process, and you could miss the information about other places where the applicant has resided.
The search for a potential employee's social media profiles or Name searches with Google could also yield incorrect information. In certain instances, it is possible to find negative information that could lead you to violate the law if you utilize it to make a negative employment decision.
Certain Florida employers mistakenly believe that a particular website, StateofFlorida.com, is an official website of the state government. However, the website is not associated with the state of Florida. In addition, it has a disclaimer on the bottom of its website saying that it isn't controlled, operated, sponsored or endorsed, or endorsed by any state.
While the website claims it offers background checks, it's unclear what kinds of background checks it offers or how reliable and up-to-date they are. In addition, the site doesn't provide any information about whether its reports are compliant with the FCRA.
Because these details are not available, it's recommended that employers work with a reliable background check provider that provides precise, FCRA-compliant, and current employment background checks, such as The Koleman Group LLC.
If you are working for us, you will be able to choose the kinds of information you require for a complete before-employment background check that will fully conform to all applicable laws.
How Long Do Background Checks go to Florida?
The FCRA provides guidelines for how far back background checks are permitted in Florida and other states. According to the law, CRAs are prohibited from reporting arrest records that didn't cause a conviction to be used to make hiring decisions that are more than seven years older than seven years. Employers are also not permitted to use this kind of information in making negative hiring decisions.
A CRA can't disclose the following kinds of information for employment purposes except if the position has $75,000 or more.
Civil lawsuits that go back more than seven years or beyond the time limit for filing a lawsuit
Civil judgments that go back more than seven years or beyond the limitation period
Arrests lasting longer than seven years
Before 1998 in 1998, the FCRA also barred Consumer Reporting Agencies from reporting criminal convictions older than seven years of age. The restriction has since been lifted. The FCRA's time limits are not applicable to education or employment data information.
That means your initial background check can include these kinds of details, no matter the age of the background check.
What is the cost of a Florida Background Check to be employed cost?
If you opt to purchase the criminal history report through the Florida Department of Law Enforcement, it will cost $24. However, it does not contain all the various kinds of background information you may require to evaluate prospective applicants.
Certain online providers claim to provide no-cost Florida background screening. However, it would help if you steered clear of these services. They typically provide inaccurate details. Using this type of information in making hiring decisions can cause you to be held accountable.
At The Koleman Group LLC, we offer a range of different packages and add-ons, based on the number of reports you plan to order annually and the type of information you need.
If you need to purchase 25-50 background checks every year, We offer three options. The basic plan is priced at $19.95 to cover a background check. Pre-employment background check costs $39.95 per report, while our pre-employment premium background check costs $69.95 per report.
If you have to purchase at least 50 background checks each year, please contact us for a customized estimate.
How Long Do Background Checks Last for Florida?
How long it will take to get your background checks before employment depends on your method of completing them. If you receive only criminal history data from the state, it can take about seven days. If you decide to search for local court records, the process can be long and can take some weeks.
Background checks before employment from The Koleman Group LLC can take the form of some time or as long as two days, dependent on the type of information requested.
It is also crucial to be aware that COVID-19 has resulted in delays due to the closing of courts. If your report takes longer, we'll notify you right away to know what you can expect.
The Koleman Group LLC Your trusted partner for Fast accurate, Compliant Florida Background Investigations
Conducting background checks before hiring as a regular component of your hiring process will protect your company. First, however, you'll need to ensure that your background checks align with the law that governs background checks before employment.
Our background checks comply with the laws when you partner in conjunction with The Koleman Group LLC. In addition, our employees undergo training to ensure they are aware of the different types of information our clients require.
Utilizing the most modern technology, we will be able to find every piece of information you need quickly to enable you to proceed with the process of onboarding.
To find out more about the ways we can assist your business with its background checks before hiring, schedule an appointment for a no-cost appointment for a free consultation with The Koleman Group LLC today.
Disclaimer: The materials provided in this article are meant to be educational only and are not legal advice. Contact your attorney should you have any legal questions concerning your particular practice and compliance with applicable laws.
Updated on 2022-06-07 21:33:49 by larry coleman