How Far Back Do Criminal Background Checks Go in Florida?
When it comes to conducting criminal background checks in Florida, the answer to this question can be complex and dependent on various factors. In this article, we will delve into the details of how far back criminal background checks can go in Florida, including the types of offenses that are typically included and the limitations that may apply.
What is Included in a Criminal Background Check in Florida?
A criminal background check in Florida is typically conducted through the Florida Department of Law Enforcement (FDLE) and includes information on an individual’s criminal history, including:
• Felony and misdemeanor convictions: Any convictions for felonies and misdemeanors, including drug-related offenses, theft, assault, and other crimes.
• Arrests: Information on arrests, including charges and dispositions, such as acquittals, dismissals, or reductions to misdemeanors.
• Juvenile delinquency records: Records of juvenile delinquency proceedings, including adjudications and dispositions.
• Sex offender registration: Information on individuals who are required to register as sex offenders under Florida law.
• Criminal immigration detainers: Information on criminal immigration detainers issued by federal authorities.
How Far Back Do Criminal Background Checks Go in Florida?
The length of time that a criminal background check goes back in Florida depends on the type of offense and the agency conducting the check. Here are some general guidelines:
• FDLE Background Checks: The FDLE typically checks for criminal history dating back 10 years for most types of offenses, including felonies and misdemeanors. However, if the offense is a sex crime, the FDLE may check back 30 years or more.
• Employment Background Checks: For employment background checks, the typical cutoff date is 7-10 years ago, depending on the employer and the type of position being applied for.
• Licensing Background Checks: For licensing purposes, such as obtaining a real estate or medical license, the background check may go back 15-20 years or more.
Limitations on Criminal Background Checks in Florida
While criminal background checks in Florida can go back several years, there are limitations that may apply:
• Statute of limitations: In Florida, there is a statute of limitations for certain crimes, such as felonies, which can limit the time period during which an individual can be prosecuted. This means that if an individual was arrested and charged with a felony 10 years ago, but the statute of limitations has expired, the charge may not be included in a background check.
• Expungement: In Florida, individuals who have been convicted of a crime can apply to have their record expunged, which means that the conviction is sealed and not visible to the public. Expunged records are typically not included in criminal background checks.
• Sealing of juvenile records: In Florida, juvenile records can be sealed, which means that they are not publicly available. Sealed records are typically not included in criminal background checks.
Table: Cutoff Dates for Criminal Background Checks in Florida
| Type of Check | Cutoff Date |
|---|---|
| FDLE Background Check | 10 years (most offenses), 30 years (sex crimes) |
| Employment Background Check | 7-10 years |
| Licensing Background Check | 15-20 years |
| Statute of Limitations | Varies by crime |
Conclusion
In conclusion, the length of time that a criminal background check goes back in Florida depends on the type of offense and the agency conducting the check. While the FDLE typically checks for criminal history dating back 10 years for most types of offenses, there are limitations that may apply, such as statute of limitations and expungement. It is essential for individuals and employers to understand these limitations and to consult with a qualified legal professional if they have questions or concerns about criminal background checks in Florida.
