Criminal Background Checks
KNOWING YOUR OPTIONS
In the Sunshine State, background checks are categorized into two main types: Level 1 and Level 2. Level 1 checks are name-based and search Florida records only, while Level 2 checks are more thorough, involving fingerprinting and searches of both state and national databases. This tiered system allows for flexibility based on the specific requirements of different positions and industries.
WHAT TO EXPECT
Background Checks
ANY QUESTIONS?
In Florida, employers must follow the Fair Credit Reporting Act (FCRA) for background checks, including obtaining written consent and adhering to adverse action procedures. While Florida adds few state-specific regulations, certain industries require Level 1 (name-based) or Level 2 (fingerprint-based) background checks for work with vulnerable populations. Although there’s no state limit on lookback periods, the FCRA generally restricts reporting adverse information older than seven years, excluding criminal convictions. Employers should conduct individualized assessments rather than blanket bans for applicants with criminal records, as some jurisdictions enforce “ban the box” laws limiting when criminal history inquiries are allowed. Consistent policy application helps avoid discrimination claims, and thorough checks may offer protection against negligent hiring claims. Legal advice is recommended for developing compliant policies.
Florida offers two main types of background checks:
Both types of background checks in Florida can include criminal history, employment verification, and education confirmation, depending on the specific requirements of the position.
In Florida, Level 2 background checks are mandatory for:
Additionally, many government positions and roles involving financial responsibility often require Level 2 background checks in Florida. The specific requirements can vary by industry and position, so it's important to check the latest regulations or consult with the relevant licensing board for your field.
FREE CONSULTATION
Let's talk...
Emerging Investigations is a licensed and insured private investigation agency in the state of Florida.
Navigation
Services