Florida and criminal background check

In recent years, some states have made reforms that put additional emphasis on restricting the use of background checks.

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However, Florida is not one of the states that have restricted background checks. Florida law does not provide applicants with any protections against criminal background checks.

Quite the contrary; some aspects of Florida law actively encourage companies to run such checks. Under Florida law, companies are presumed not to be negligent in hiring if they conduct full background checks and only hire workers that have no adverse information indicating that they might be unfit for the job.


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While Florida law does not do much to restrict employers from conducting criminal background checks, federal law does provide applicants with some limited legal rights. In addition, the FCRA requires companies to take reasonable measures to ensure that they are relying on accurate background check information. The purpose of the FCRA is to give applicants and employees an opportunity to correct false or misleading records. No matter the circumstances of your case, we will help you achieve the best results.

Click this link for a list of examples of crimes that fall within this category. Please note: Aggravating and mitigating factors can affect the true length of the disqualifying period. However, mitigation may not result in a disqualifying period less than 7 years. After the disqualifying period has been met, the burden is on the applicant to demonstrate that the applicant has been rehabilitated, does not pose a risk to the insurance-buying public, is fit and trustworthy to engage in the business of insurance pursuant to s.

Requesting Florida Criminal Record from Florida Department of Law Enforcement Website

Meeting the conditions above does not automatically guarantee the applicant will be granted licensure. A document has been prepared by the Division of Administrative Hearings DOAH to explain the administrative hearing process in Florida under Chapter of the Florida Statutes, and to help you prepare for a hearing.

It is important to remember that the information presented on this page is general and is intended to cover the usual situation. The explanations do not cover all of the possible situations which may arise in a case. The document may be found here.

Florida Background Checks: What you need to know

Under 18 U. However, the law allows for a prohibited individual to obtain consent from an insurance regulatory official to engage in the insurance business. While this federal law offers a way for individuals to obtain consent from state insurance regulators and avoid criminal prosecution, the law does not authorize the Florida Department of Financial Services "Department" to grant or deny the consents.

Therefore, at the present time, there is no law in the state of Florida authorizing this Department to grant or deny consents under 18 U.

Florida School Choice | Criminal Background Screening Requirement

Please be aware that any license you now have or may receive from this Department does not constitute consent under the federal law. You should therefore govern yourself accordingly. Division Director Greg Thomas.