Florida Background Check Laws

Background checks are an important part of the modern world. They can mean the difference between hiring the right employee and can also help determine if there are any problematic individuals in your neighborhood.

However, there are laws that must be strictly adhered to when conducting employment background checks.

Let’s look at how you can initiate a professional Florida-based background check for employment within the limits of the law. After that, we’ll show you how to use tools like Information.com’s reverse address lookup search for non-employment reasons, such as ensuring your family is safe from sexual predators in your neighborhood and making sure your date is who they say they are.

Florida Background Check Regulations

No Limits to Criminal Background Checks

Many states limit what can be seen on an individual’s background check, but not Florida. As a result, employers in Florida can legally find out anything about an applicant’s arrest record upon request.

Sealed/Expunged Arrest Records

If an applicant has a sealed or expunged arrest record, they are not required to disclose said arrest or conviction. However, if these records are revealed, they cannot be used for hiring decisions.

Public/Private Employment Disqualifications

Only felonies, first-degree misdemeanors, and crimes that might affect the job being applied for can be used as disqualifiers in the public sector in the state of Florida.

On the other hand, private employers can factor in all criminal history for a position at their discretion. These decisions have to be made carefully and not in a discriminatory manner, however.

Firearms Dealers

In the state of Florida, all firearms dealers must do a background check when they sell a firearm to an individual that is not a licensed dealer, importer or gun manufacturer.

How Do I Conduct a Proper Employment or Tenant Background Check In Florida?

To conduct a legal background check on a Florida resident for the purposes of a job or a place of residence that are EEOC (U.S. Equal Employment Opportunity Commission) and FTC complaint, please keep the following in mind:

• It is illegal to do a background check based on skin color, race, sexual orientation, national origin, disability status, or other genetic factors.
• You can only legally conduct a background check after the first interview, not beforehand.
• You must inform the applicant that a background check is needed to continue the employment process. This has to be in writing as its own document.
• You must also have the applicant’s written consent to the background check. The wording on the document must be clear and concise concerning the purpose of the background check. This can be a part of the original written notification document discussed in the last point.
• Any interviews with outside parties about the client must also be stated in writing. This is called an investigative check.

What To Do If a Background Check Comes Up Negatively

If the background check finds something, such as past criminal convictions, the employer can take adverse action (in this case, refusing to hire the applicant for the position). Before this is done, though, employers are required by the FCRA to:

• Provide a copy of the consumer report that was used, and a copy of the FCRA rights summary, which the company that processes the background check usually provides.
• Give the applicant five days to dispute the notice before making a final decision.

These steps give the applicant a chance to explain the report’s findings. If you do not adhere to these rules, then you open your business up to an FCRA claim, potentially.

Is It Ethical To Run Personal Background Checks in Florida?

OK, so you might not own a business or rental property but still want to conduct a personal background check on someone living in the state of Florida using reverse search tools. Is it still ethical to do so? The direct answer is if you’re not conducting the background check for illegal or sinister purposes, it’s 100% legal.

Information.com’s reverse search tool can legally be used for personal background checks. For instance, you can quickly search someone you have just met to see if they are exactly who they say they are (such as a new dating partner). Another use is to look up if there are sex offenders in your neighborhood or near a new house you’re considering buying.

Important Legal Information About Florida Background Checks With Reverse Lookup Searches

Background checks for employment purposes are off-limits when using Information.com’s reverse lookup tools. This even applies to just doing a quick lookup of the applicant you have in mind. It’s important to always be in line with the standards and practices of the Fair Credit and Reporting Act (FCRA).

Background checks reviewing potential tenants is also another thing you cannot do with Information.com’s reverse search lookup tools. There’s too much room for error regarding judgment based on race, color, religion, disability status, national origin, and other factors. Much like conducting a background check for employment, one must adhere to FCRA standards when vetting future tenants.

You can not conduct a background check for any malicious or harmful reason, which includes everything from stealing someone’s identity to harassment.

Final Thoughts

Background checks can be quite complex in the small details of how they are conducted. There are many legal issues to be aware of, and it’s important that you know the laws of your state before running a check on anyone. However, as long as you stay within the law, Information.com’s reverse search lookup tools can help make your life easier and keep you and your family safe.

NOTE: This article is to educate you on background check laws in the state of Florida only. It is not a substitute for proper legal counsel and should not be considered as such. If you have any pressing questions, contact a lawyer today before conducting a background check of any kind.