The state of Florida has restrictions on what can be reported in a background screening report beyond what the Fair Credit Reporting Act (FCRA) dictates.
Restriction | Explanation |
---|---|
Use of a conviction for a prior crime (included marijuana use) or non-annulled crime | A person may not be disqualified from employment by the state, any of its agencies or political subdivisions, nor shall a person whose civil rights have been restored be disqualified to practice, pursue, or engage in any occupation, trade, vocation, profession, or business for which a license, permit, or certificate is required to be issued by the state because of a prior conviction of a crime. See Exceptions. See the statute here for more information. Notable exceptions: Restriction not applicable if: 1) Prior conviction of a felony or first-degree misdemeanor and is directly related to the position of employment sought. FSA §112.011 (1)(b). 2) Law enforcement or correctional agency. FSA §112.011(2)(a). 3) Fire Department may disqualify applicant for 4 years unless pardoned. FSA §112.011(2)(b). 4) Positions in counties and municipalities relating to positions deemed to be critical to security or public safety. FSA §112.011(2)(c). |
Additional Resources
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2019 Compliance Guide eBook
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Types of Criminal Records
What information will show up on criminal records searches?
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