FDLE Background Check & Criminal Records Check in Florida

A background check  is important for ensuring safety and reliability in various areas. The criminal background checks in Florida are conducted by the Florida Department of Law Enforcement and help employers, licensing agencies, and other organizations review an individual’s criminal history. This is essential for employment, licensing, or volunteer work. It’s important for both those requesting the check and those undergoing it to understand what these checks involve.

Let’s look at what these background checks include, the different types available, and the main things you need to know.

What Is FDLE Background Check?

An FDLE background check is a review of a person’s criminal history done by the Florida Department of Law Enforcement (FDLE). It looks into whether someone has been arrested or convicted of any crimes. These checks are used for various purposes such as employment, licensing, and volunteer positions, ensuring individuals with certain criminal histories are identified and assessed.

FDLE background checks help ensure public safety by verifying the criminal backgrounds of individuals in sensitive roles.

An FDLE background check is also used for:

• Adoption processes
• Renting properties
• Getting professional licenses
• Ensuring trust and security in various areas

Effective July 1, 2020, FDLE discontinued the use of Florida Criminal History Information Request forms via mail. Alternative options requesting Florida criminal history information include: The Instant Search, The Certified/Non-Certified, The ORI Search. These options require a fee that must be paid by debit or credit card at the time of the request.

Types of FDLE Background Check

FDLE background checks come in two primary types, each with different levels of scrutiny based on Florida statutes.

Level 1 Check

A Level 1 background check is a basic screening that uses the applicant’s name to check state records. It looks at the person’s job history and state criminal records. This check doesn’t need fingerprints and is usually quicker and less detailed than a Level 2 check.

Level 1 checks are often used for jobs that don’t involve a lot of trust or access to vulnerable people. For example, many entry-level jobs might only need a Level 1 check to give a general view of the applicant’s state criminal history

Level 2 Check

A Level 2 background check in Florida is very thorough. It involves searching state and national criminal history databases using fingerprints. This check is for jobs with a lot of responsibility and trust, especially those working with vulnerable groups like kids, the elderly, or the disabled. Certain jobs in Florida require this check by law. It looks closely at the applicant’s criminal history.

Level 2 checks are crucial for jobs where trust and responsibility are top priorities. For instance, teachers, healthcare workers, and daycare staff usually have to pass a Level 2 background check to ensure employee safety.

How to Get a FDLE Background Check?

Getting an FDLE background check involves several steps to ensure a thorough review of a person’s criminal history. This process is essential for various purposes, including employment, licensing, and volunteer work, especially for roles involving vulnerable populations. Here’s a closer look at how to get an FDLE background check.

Fingerprint Collection

To start an FDLE background check, first, you need to get your fingerprints taken. This can be done at a local police station, a fingerprinting service, or an authorized government office. Fingerprints are necessary for a thorough check that looks at your criminal history nationwide.

When getting your fingerprints taken, make sure they’re clear and accurate. Bad prints can cause delays or require you to do them again. Many places offer electronic fingerprinting, which is quicker and more dependable than using ink.

Submission

Once your fingerprints are collected, the next step is to submit them to the Florida Department of Law Enforcement (FDLE) along with the required personal information and payment. The submission can often be done electronically, which speeds up the process and reduces the risk of errors. Some governmental entities may also facilitate the submission on your behalf.

It’s important to double-check that all the required documents and information are included in your submission. Missing information can cause delays in processing your background check. The FDLE provides detailed instructions on their website to help applicants ensure their submissions are complete.

Processing

Once the fingerprints and information are submitted, the FDLE starts processing them. They carefully check both state and national criminal databases. The time it takes can vary, but electronic submissions usually get quicker results than manual ones.

During this process, the FDLE makes sure the background check is accurate and covers everything needed. They compare the fingerprints with different databases to find any criminal history. This thoroughness is why this check is trusted for deciding if someone is right for certain jobs.

Results

Once the processing is complete, the FDLE will provide the results of the background check. These results are usually sent to the requesting entity, such as an employer or licensing agency. Individuals may also receive a copy of their results if requested.

The results will include any criminal history information found in the national fingerprint-based check. If any issues are found, the eligible individual or the requesting entity can take appropriate action based on the findings. It’s essential to review the results carefully to ensure they are accurate and complete.

FDLE Background Check Requirements

Getting an FDLE background check requires meeting certain requirements to ensure the process is thorough and legal. Here are the main requirements you need to be aware of:

Consent

Before the FDLE can run a background check, the person needs to give written permission. This allows the FDLE to look into their criminal history. Employers or others asking for the check must make sure they have this permission.

The consent forms explain what info will be checked and how it will be used. It’s crucial for people to read and understand these forms before signing, as they allow for a thorough review and search of their criminal record.

Submission of Fingerprints

The FDLE requires the submission of fingerprints for a national fingerprint-based check. This step ensures a comprehensive review of the individual’s criminal history across various jurisdictions. Fingerprints must be collected and submitted by an authorized provider or governmental entity to ensure they are processed correctly.

Accurate fingerprint submission is critical for the success of the background check. Any errors or poor quality prints can result in delays or the need for resubmission, which can slow down the overall process.

Personal Information

In addition to fingerprints, individuals must provide personal information such as their full name, date of birth, and social security number. This additional information helps verify the identity of the person being checked and ensures the accuracy of the background check results.

Providing accurate personal information is essential to avoid any mix-ups or incorrect results. Any discrepancies in the provided information can lead to issues with the background check process.

Payment

A fee is required to process an FDLE background check. The amount can vary depending on the type and subject of check and the requesting entity. Payment must be made at the time of submission, and various payment methods are typically accepted, including credit cards and electronic transfers.

Ensuring timely payment is important for the background check process to be completed and proceed without delays. Some employers or organizations may cover this cost, but individuals should confirm this beforehand.

Authorized Requestor

FDLE background checks can only be requested by authorized entities, such as persons such as employers, licensing agencies, and other governmental entities. Public access to these checks is restricted to ensure the privacy and security of individuals’ criminal history information.

Authorized requestors must follow strict guidelines to request and handle federal background check information. This ensures that the process is conducted legally and ethically, protecting both the requester and the individual being checked.

How Far Back Does a Background Check Go in Florida?

In Florida, there’s no state law restricting how far back an employer can check a candidate’s full criminal history record. But national laws like the Fair Credit Reporting Act (FCRA) apply. FCRA sets rules for reporting past actions: Arrests can’t be reported for more than seven years, and convictions for more than ten years. This protects people from old offenses affecting their chances. However, if a conviction stays on record, it can still show up in background checks, no matter how much time has passed.

Employment vs Criminal Background Checks in Florida

When it comes to background checks in Florida, it’s important to understand the difference between employment purposes and criminal history checks.

For employment purposes, background screening typically includes checking an individual’s credit history, previous employment, and education. These checks help employers verify that candidates are qualified for the job and have a reliable financial history. A clean credit history can be particularly important for positions involving financial responsibilities.

Criminal history checks look into a person’s previous criminal activities, including arrests and convictions. Employers use this data to evaluate whether a candidate might cause a risk due to their past behavior.

The Differences:

Scope:

• Employment Background Checks: Look at credit history, employment history, and education
• Criminal History Checks: Focus solely on past criminal offenses and criminal record

Purpose:

• Employment Background Checks: Verify qualifications and financial reliability for job suitability
• Criminal History Checks: Assess risk based on criminal convictions and past offenses

Usage:

• Employment Background Checks: Used for general employment purposes across various job types
• Criminal History Checks: Important for positions of trust or those involving sensitive information

FDLE Background Check FAQs  

What Shows up on a FDLE Background Check?

An FDLE background check provides a detailed view of an individual’s criminal history. It covers arrests, criminal convictions, and any outstanding warrants. It gathers data from both state and national databases, offering a comprehensive overview of the person’s criminal record.

This is essential for employers and other entities to assess the risk associated with a person.

How Long Is an FDLE Background Check Good For?

The validity of an FDLE background check depends on the requesting employer conducting another entity’s requirements. Generally, employers and agencies may require a new check every year or two to ensure up-to-date information. However, there is no standard expiration date set by the FDLE itself.

How to Do a Background Check on Yourself in Florida?

To conduct a background check on yourself in Florida, you can request it directly from the FDLE. You will need to submit your fingerprints and pay the required fee. This process ensures you can see what potential employers or agencies might see, allowing you to verify the accuracy of your criminal history information.

What Disqualifies a Level 2 Background Check in Florida?

A Level 2 background check disqualifiers individuals with certain criminal convictions, particularly those involving serious offenses such as violent crimes, sexual offenses, and drug trafficking. These checks are more stringent as they are used for positions of trust, especially those involving vulnerable populations like children or the elderly.

How Much Does a Florida Background Check Cost?

The cost of a Florida background check can vary depending on the type of check and the service provider. Typically, an FDLE background check costs around $24, but additional fees may apply for fingerprinting services or expedited processing.

It’s best to check the FDLE website or contact a fingerprinting service provider for the most accurate pricing.

Conclusion

Knowing how the FDLE Background Check works is important for both employers and individuals. These checks give detailed criminal history information and help with hiring and licensing decisions, ensuring a safe workplace. Having accurate background checks is essential for creating a secure and trustworthy environment at work..