How far back do apartments check criminal history in Florida?

How Far Back Do Apartments Check Criminal History in Florida?

As a prospective renter in Florida, you may be wondering how far back apartment complexes will check your criminal history. With the growing concern for crime and public safety, it’s essential to understand what landlords and property managers will consider when reviewing your application.

Florida’s Law Regarding Criminal Background Checks

Florida’s Fair Housing Act prohibits landlords from discriminating against tenants based on certain characteristics, including criminal background. However, landlords and property managers are allowed to conduct criminal background checks to ensure the safety and well-being of their tenants. In Florida, landlords are permitted to consider criminal records that are seven (7) years old or less.

Factors Affecting the Duration of Criminal History Checks

Several factors can influence how far back an apartment complex will check your criminal history. Here are some key considerations:

• Type of conviction: If you have been convicted of a serious felony, such as a violent crime or drug-related offense, landlords may be more likely to consider a longer criminal history.
• Age of the conviction: As mentioned earlier, Florida law permits landlords to consider criminal records that are seven (7) years old or less.
• Rehabilitation: If you have undergone rehabilitation or have been drug-free for a significant period, this may be viewed as a positive factor by the landlord.
• Prior employment and rental history: A clean employment and rental history can help outweigh concerns about your criminal record.

What to Expect During the Application Process

When applying for an apartment in Florida, you can expect the following:

1. Application form: You will be required to fill out an application form, which may include a question about your criminal history.
2. Application fee: You may be charged an application fee, which can range from $20 to $50 or more, depending on the complex.
3. Background check: The apartment complex will conduct a criminal background check, which may include a search of state and federal databases.
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4. Review of the report: The landlord or property manager will review your criminal background report and may contact your previous landlords, employers, or other references.

What to Do if You Have a Criminal Record

If you have a criminal record, here are some tips to consider:

• Be upfront and honest: When filling out the application form, be honest about your criminal history. Failure to disclose your criminal record can lead to denial of your application or eviction.
• Prepare for questions: Anticipate questions about your criminal record and be prepared to explain the circumstances surrounding your conviction.
• Highlight positive factors: If you have undergone rehabilitation or have a clean employment and rental history, highlight these positive factors to demonstrate your ability to be a responsible tenant.

Conclusion

In conclusion, apartment complexes in Florida are permitted to check your criminal history as far back as seven (7) years. However, the specific duration of the check can depend on various factors, including the type of conviction, age of the conviction, and your rehabilitation efforts. By understanding the application process and being prepared to discuss your criminal record, you can increase your chances of being approved for an apartment rental in Florida.

Important Takeaways

• Landlords in Florida are allowed to consider criminal records that are seven (7) years old or less.
• The application process typically includes an application form, application fee, background check, and review of the report.
• Be upfront and honest about your criminal history, and prepare to discuss the circumstances surrounding your conviction.
• Highlight positive factors, such as rehabilitation or a clean employment and rental history, to demonstrate your ability to be a responsible tenant.

Additional Resources

For more information on Florida’s laws regarding criminal background checks and rental applications, refer to the following resources:

• Florida Department of Highway Safety and Motor Vehicles (FLHSMV) – Criminal History Record Checks
• Florida Attorney General’s Office – Fair Housing Act
• National Multifamily Housing Council – Fair Housing and Criminal Records

Table: Average Application Fees in Florida

Note: The application fees listed above are estimates and may vary depending on the specific complex.