How Far Back Do Criminal Background Checks Go in Florida depends on the type of check, the agency conducting it, and the records available. Florida has no law that limits how far back a criminal background check can reach. The Florida Department of Law Enforcement (FDLE) maintains a statewide database with arrest and conviction records. Many counties have digitized records dating back to the 1970s. Fingerprint-based checks can go even further, sometimes reaching back to the 1950s. This means old arrests or convictions may still appear, even decades later.
Florida’s Unlimited Background Check Timeline
Unlike some states that limit background checks to seven years, Florida does not have a time limit. Employers, landlords, and licensing boards can access records from decades ago. The FDLE database includes arrests, charges, convictions, and court dispositions. Even if a case was dismissed or resulted in acquittal, the arrest may still show up. Only a full expungement or sealing of records can remove these entries. This unlimited access supports public safety but affects people with old records.
Types of Background Checks in Florida
There are two main levels of background checks in Florida: Level 1 and Level 2. A Level 1 check is a name-based search through state databases. It includes criminal history, sex offender registry data, and sometimes credit reports. Level 1 is common for jobs that do not require high security. A Level 2 check includes fingerprints and is more thorough. It searches both state and federal databases, including the FBI’s system. Level 2 is required for jobs in healthcare, education, and childcare.
How Long Do Felonies Stay on a Background Check?
Felony convictions in Florida remain on a background check forever unless removed by law. There is no automatic removal after a set number of years. A person must apply to have the record expunged or sealed. Only certain non-violent felonies qualify for this process. Even then, the person must wait at least ten years after completing their sentence. Violent felonies, sex crimes, and repeat offenses are rarely eligible. Without legal action, a felony will appear on every background check.
Does Florida Follow the 7-Year Rule?
Florida follows the federal Fair Credit Reporting Act (FCRA) for consumer reports. The FCRA says non-violent misdemeanors, bankruptcies, and civil judgments must be removed after seven years. But this rule does not apply to felonies, violent crimes, or prison sentences over one year. Employers using third-party background check companies must follow this rule. However, government agencies and licensing boards are not bound by it. They can see all records, no matter how old.
Level 2 Background Checks and Fingerprint Searches
Level 2 background checks use fingerprints to verify identity. These prints are checked against FDLE records and the FBI’s national database. Because fingerprints are unique, this method can find records that name searches miss. It can uncover arrests from other states or under different names. Level 2 checks often go back to the 1950s, when fingerprint records were first widely kept. This makes them the most comprehensive type of check in Florida.
What Shows Up on a Florida Background Check?
A standard background check in Florida shows arrests, charges, convictions, and court outcomes. It may include traffic violations, restraining orders, and pending cases. The report lists personal details like name, date of birth, and Social Security number. It also checks the Florida Sex Offender Registry. If a credit report is included, it shows debts, bankruptcies, and payment history. Employers use this to assess trustworthiness and responsibility.
Processing Times for Background Checks
FDLE processes non-certified background check requests in five business days. Certified requests, which include an official seal, take six to seven days. These times do not include mail delivery. Electronic delivery through the FDLE portal can provide results the same day. This is faster and more secure than waiting for postal mail. Applicants should choose electronic delivery when possible.
Cost of a Criminal History Record Check
As of July 1, 2020, FDLE charges $24 for each public criminal history record request. Paper forms are no longer accepted. All requests must be submitted online through the FDLE website or approved third-party services. The fee covers access to both state and national records. There are no discounts for bulk requests or nonprofits. Payment is required at the time of submission.
Who Can Request a Background Check in Florida?
Employers, landlords, licensing agencies, and individuals can request background checks. Government agencies use them for jobs, permits, and licenses. Private employers may use consumer reporting agencies. These companies must follow FCRA rules. Individuals can request their own records to check for errors. Schools, daycares, and healthcare facilities require Level 2 checks for staff. Volunteers working with children may also need screening.
Can You Dispute Errors on a Background Check?
Yes. If a background check contains wrong or outdated information, you can dispute it. Contact the agency that provided the report. They must investigate within 30 days. If the error is confirmed, they must correct it. You can also contact FDLE directly to correct state records. Provide proof such as court documents or dismissal papers. It’s important to act quickly to avoid job or housing denial.
Expungement and Record Sealing in Florida
Expungement removes a record from public view. Sealing hides it but allows access by law enforcement. Only certain offenses qualify. You must apply through the court where the case was filed. The process takes months and may require a hearing. Not all crimes can be sealed or expunged. Violent crimes, sex offenses, and repeat felonies are usually excluded. A lawyer can help determine eligibility.
Impact of Old Records on Employment
Old criminal records can affect job chances, even if the offense was minor. Some employers reject applicants with any criminal history. Others consider the type of crime, how long ago it happened, and job relevance. Florida encourages fair chance hiring. Some cities have “ban the box” rules that delay background checks until later in hiring. Still, a past arrest or conviction can influence the final decision.
Background Checks for Licensing and Certification
Many professions in Florida require background checks for licenses. This includes teachers, nurses, contractors, and real estate agents. The Florida Department of Business and Professional Regulation (DBPR) handles many licenses. They review criminal history to protect public safety. Even old records may disqualify someone from getting a license. Each case is reviewed individually.
Federal vs. State Records in Florida Checks
Level 2 checks include both state and federal records. State records come from FDLE and county courts. Federal records come from the FBI’s database. This includes crimes prosecuted in federal court, like fraud or drug trafficking across state lines. Federal records can go back decades. Not all background checks include federal data. Only fingerprint-based checks do.
How to Get a Copy of Your Own Background Check
You can request your own criminal history record from FDLE. Go to the FDLE website and use the online portal. Provide your name, date of birth, and Social Security number. You may need to upload ID. The report shows what employers or agencies would see. Review it for errors. If something is wrong, start the dispute process right away.
Common Misconceptions About Florida Background Checks
Many people think background checks only go back seven years. That’s not true in Florida. Others believe dismissed cases disappear. They don’t—only expungement removes them. Some think only convictions show up. In fact, arrests and charges appear too. Knowing the facts helps you prepare and protect your rights.
Employer Responsibilities Under the FCRA
Employers using background checks must follow the FCRA. They must get written permission from the applicant. If they deny a job based on the report, they must send a pre-adverse action notice. This gives the person a chance to respond. Then they send a final adverse action notice. These steps are required by law. Failure can lead to lawsuits.
Background Checks for Housing and Rentals
Landlords in Florida often run background checks on tenants. They look for evictions, theft, or violent crimes. Some reject applicants with any criminal record. Others consider the nature and age of the offense. There are no state laws limiting how far back landlords can look. However, they must follow fair housing laws and avoid discrimination.
Juvenile Records in Adult Background Checks
Juvenile records are usually sealed and not part of adult background checks. But in some cases, they can appear. If a juvenile was tried as an adult, the record is public. Also, certain serious offenses may be visible to law enforcement. Most employers will not see juvenile arrests or adjudications. But licensing boards might in rare cases.
How Technology Affects Background Check Depth
Digital records make background checks faster and more complete. FDLE’s online system allows instant searches. County courts have digitized records from the 1970s onward. Fingerprint databases go back even further. This means more historical data is accessible than ever. Technology helps accuracy but also increases the chance old records surface.
Legal Rights When Facing a Background Check
You have the right to know if a background check is being done. You have the right to consent. You have the right to see the report. You have the right to dispute errors. You also have the right to legal help. If you believe your rights were violated, contact a lawyer or the Federal Trade Commission.
Frequently Asked Questions
Many people ask how far back checks go, what shows up, and how to fix errors. Others want to know if they can get a job with a record. The answers depend on the type of check, the job, and the crime. Always review your report and seek legal advice if needed.
Contact Information for FDLE
Florida Department of Law Enforcement
Criminal History Records Section
P.O. Box 1480
Tallahassee, FL 32302
Phone: (850) 410-7100
Website: https://www.fdle.state.fl.us
Hours: Monday–Friday, 8:00 AM–5:00 PM ET
FAQ Section
People often have detailed questions about how far back criminal background checks go in Florida. Below are common concerns with clear, factual answers based on current laws and FDLE policies.
Can an arrest from the 1980s appear on a Florida background check?
Yes, an arrest from the 1980s can appear on a Florida background check. The FDLE database includes digitized records from many counties dating back to the 1970s. If the arrest was recorded and not expunged, it may still be accessible. Name-based checks can find it, and fingerprint-based checks may go even further. Only a court-ordered expungement can remove such records. Employers and agencies are not required to ignore old arrests, even if charges were dropped.
Will a dismissed case show up on a background check in Florida?
Yes, a dismissed case can show up on a background check in Florida. Dismissal means the charges were dropped, but the arrest and court filing remain in the system. These records are part of the public criminal history unless sealed or expunged. Employers may see the arrest date, charge, and disposition. This can raise questions during hiring. Applicants should be ready to explain the outcome and provide court documents if possible.
How can I remove an old conviction from my background check in Florida?
To remove an old conviction, you must apply for expungement or record sealing through the court where the case was filed. Not all convictions qualify. Non-violent felonies may be eligible after ten years if you have no new convictions. Violent crimes, sex offenses, and repeat felonies are usually not eligible. The process requires filing paperwork, paying fees, and possibly attending a hearing. A criminal defense attorney can help determine if you qualify and guide you through the steps.
Do federal crimes appear on Florida background checks?
Yes, federal crimes can appear on Florida background checks, especially Level 2 checks that include FBI records. These checks use fingerprints to search the FBI’s national database. Crimes like bank fraud, drug trafficking across state lines, or immigration violations prosecuted in federal court will show up. State-only checks may not include federal data. Only fingerprint-based investigations access both state and federal systems.
Can I get a job in Florida with a felony from 20 years ago?
Yes, you can get a job in Florida with an old felony, but it depends on the employer and the job. Some companies focus on rehabilitation and time passed. Others have strict no-felony policies. Jobs in healthcare, education, or government may deny applicants with certain convictions. You can improve your chances by being honest, showing clean conduct since the offense, and obtaining a certificate of rehabilitation if eligible.
How long does it take to get a background check from FDLE?
FDLE processes non-certified requests in five business days. Certified requests take six to seven business days. These times do not include mail delivery. Electronic delivery through the FDLE portal can provide results the same day. This is the fastest option. Processing times may vary during high-volume periods. Always choose electronic delivery to avoid postal delays.
Are juvenile records part of adult background checks in Florida?
Generally, no. Juvenile records are sealed and not included in standard adult background checks. However, if a juvenile was tried as an adult, the record becomes public. Also, certain serious offenses may be visible to law enforcement or licensing boards in rare cases. Most employers will not see juvenile adjudications. But it’s best to assume they could surface in sensitive roles.