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In Florida, employers are legally presumed not to have been negligent in hiring if they conduct a background investigation before hiring employees, including a criminal records check.
Florida Background Check Laws Unlike some states, state law does not limit employers' ability to conduct criminal background checks in Florida. There are no statewide ban-the-box or fair hiring laws in Florida, although some counties and cities have their own ban-the-box and fair hiring laws.
Federal law does not prohibit employers from conducting background checks before an offer of employment is made. State laws, however, may have restrictions. Although in most states a standard background check can be conducted prior to an offer, a small number of states do not allow it.
I just recently went through this, and the background/drug tests didn't complete until almost right on top of the target start date. Most companies would advise prospective employees not to give notice until employment checks are complete (for potential liability issues I would imagine).
While Florida law does not do much to restrict employers from conducting criminal background checks, federal law does provide applicants with some limited legal rights. Under the Fair Credit Reporting Act (FCRA), employers must obtain consent from applicants before they access a criminal background record.
The applicant must provide written consent for the background check. If the pre-employment check is compulsory for hiring, the business must state it clearly in their written policies. The employee has the right to be notified about checks being conducted about their reputation, lifestyle, history, or character.
An instant, name-based background check is available online through the Florida Department of Law Enforcement for $24 plus a $1 credit card processing fee. A certified or non-certified copy of the record can be mailed to an address for $24. Individuals may also fill out a provided form and mail a request into the FDLE.
The applicant must provide written consent for the background check. If the pre-employment check is compulsory for hiring, the business must state it clearly in their written policies. The employee has the right to be notified about checks being conducted about their reputation, lifestyle, history, or character.
Yes. Certain Florida background check records are subject to limitations under the federal Fair Credit Reporting Act or FCRA. According to the FCRA's 7-year rule, for example, certain criminal records must be removed from an applicant's history after seven years.
Ethicallyand often legallyyou should always obtain permission before screening anyone. So the short answer is no, you can't run a background check without permission.