Conducting Criminal Record Checks in Florida

Anyone in Florida who has had a criminal record sealed may lawfully deny the events covered by the sealed record, except when the person applies for a job with a criminal justice agency or seeks a license or employment working in a safety sensitive position under the auspices of the state health and human services agency or as a licensed teacher or child care worker.

Criminal background check laws cover employment for school district employees, substitute teachers, service provider personnel who have direct contact with unmarried minor and developmentally disabled clients, crisis stabilization units, residential treatment facilities, residential treatment centers for children and adolescents, birth centers, abortion clinics, hospitals, ambulatory surgical centers, mobile surgical facilities and private utilization review agents, nursing homes, home health agencies, nurse registries, adult day care centers, hospices, clinical labs, multiphasic health testing centers, fire safety inspectors and firefighters, law enforcement and corrections officers, financial institutions, public officers and employees who hold positions of special trust or sensitive location and seaport employees.

The Florida Department of Law Enforcement may require fingerprinting for criminal background investigations of state lottery vendors, retailers and employees.

The salaried staff and volunteers of nonprofit centers that make after school hours for children more productive may be required to submit fingerprints for background checks as a condition of employment.

Upon employment, noninstructional personnel hired to fill positions requiring direct contact with students in any district school system must file a set of fingerprints with a law enforcement officer or district person authorized to take fingerprints. The employee is on probation until a criminal background check is completed. Fingerprinting is required as part of the certification process for teachers and substitute teachers.

State agencies must designate the positions that they consider sensitive enough to require a background check that includes fingerprinting as a condition of employment.

Alcohol and drug treatment resource personnel must submit a set of fingerprints for a criminal background check within five days after starting work.

Fire safety inspectors, fire fighters, law enforcement, correctional officers and probation officers must submit fingerprints for criminal background checks.