How Background Checks Impact Employment and What Shows Up on Your Record
One of the biggest concerns for people who have been arrested or convicted in Florida is how their criminal record will affect job opportunities. Employers regularly run background checks before making hiring decisions, and even a minor charge can create problems. If you are concerned about what a potential employer may see on your record, it’s important to understand Florida’s background check laws, what can and cannot be reported, and whether your record can be sealed or expunged.
What Shows Up on a Criminal Background Check in Florida?
Most employers in Florida use third-party background check services to review an applicant’s criminal history. The information they can see depends on the type of check they conduct and whether a record has been sealed or expunged.
Publicly Accessible Criminal Records
If a record is not sealed or expunged, it is generally available to employers and the public. This includes:
- Arrests (even if no charges were filed)
- Charges (misdemeanors and felonies)
- Convictions
- Pending criminal cases
- Probation and parole records
- Outstanding warrants
Under Florida Statutes § 943.053, most adult criminal history records are public unless sealed or expunged.
Sealed and Expunged Records
If a record has been sealed, it will not show up on most standard background checks. If it has been expunged, it is removed from public view entirely, meaning an employer would not see the record. However, certain government agencies and law enforcement entities may still access sealed or expunged records in limited situations under Florida Statutes § 943.0585.
Types of Background Checks Employers Use in Florida
Not all background checks are the same. The level of detail an employer sees depends on the type of check they order.
Level 1 Background Check
A Level 1 check is a name-based search that includes:
- National criminal databases
- Sex offender registries
- Employment verification
- Basic criminal history
Level 2 Background Check
A Level 2 check is more extensive and includes:
- Fingerprint-based searches
- FBI criminal records
- Statewide and county criminal history
Jobs that involve working with children, the elderly, or in sensitive financial positions often require a Level 2 background check under Florida Statutes § 435.04.
How Different Criminal Offenses Impact Employment in Florida
Not all charges carry the same weight in an employment decision. Some offenses are seen as red flags, while others may not be as concerning to certain employers.
Misdemeanor Offenses
Misdemeanors are less serious than felonies, but they still appear on background checks unless sealed. Common examples include:
- Petty theft (Florida Statutes § 812.014)
- Disorderly conduct (Florida Statutes § 877.03)
- Simple assault (Florida Statutes § 784.011)
These offenses may make it harder to secure jobs in retail, security, or customer service roles.
Felony Offenses
Felony convictions carry more serious consequences and can significantly impact job opportunities. Some common felonies that employers consider problematic include:
- Grand theft (Florida Statutes § 812.014)
- Aggravated assault (Florida Statutes § 784.021)
- Drug trafficking (Florida Statutes § 893.135)
Felony convictions may result in disqualification from jobs that require professional licenses, working with vulnerable populations, or handling financial transactions.
Pending Charges
Pending criminal charges can also appear on background checks. Even if a case has not resulted in a conviction, some employers may view it negatively.
Industries Where a Criminal Record Matters Most
While every employer has different hiring policies, certain industries conduct stricter background checks.
Healthcare and Childcare
Jobs in healthcare, education, and childcare require Level 2 background checks. Under Florida Statutes § 408.809, individuals with certain felony convictions may be disqualified from working in healthcare facilities.
Law Enforcement and Government Positions
Government agencies and law enforcement employers have access to sealed and expunged records. This means that even if a record has been removed from public databases, it may still appear in a law enforcement or government hiring background check.
Financial and Banking Jobs
Employers in finance and banking carefully review applicants' criminal records. Convictions for fraud, theft, or embezzlement can make securing a job in these industries extremely difficult.
Can You Deny a Criminal Record on a Job Application?
If your record has been sealed or expunged, Florida law allows you to legally deny that the arrest or conviction ever happened. Florida Statutes § 943.0585(4) states that individuals with an expunged record do not have to disclose it on most job applications.
However, exceptions apply when applying for positions in law enforcement, education, healthcare, or government agencies.
How to Improve Your Employment Chances with a Criminal Record
If you have a criminal record and are worried about employment, there are steps you can take to improve your chances.
Seek Expungement or Record Sealing
If eligible, sealing or expunging your record can prevent most employers from seeing your criminal history. The process requires filing a petition and meeting eligibility criteria under Florida Statutes § 943.0585.
Be Honest About Your History
If you cannot seal or expunge your record, honesty is usually the best policy. Many employers appreciate transparency and may be willing to overlook past offenses.
Apply for Jobs That Don’t Require Background Checks
Not all employers conduct background checks. Certain freelance, construction, or trade jobs may be more accessible for individuals with criminal records.
Florida Criminal Record FAQs
What crimes disqualify you from working in Florida?
Certain felonies, such as violent crimes, fraud, and sexual offenses, can disqualify you from working in healthcare, education, and financial institutions. However, eligibility varies by industry and job type.
Can an employer see arrests without a conviction in Florida?
Yes, unless the record has been sealed or expunged. Florida law allows employers to see arrests even if charges were dropped or no conviction occurred.
How far back do background checks go in Florida?
There is no limit on how far back criminal background checks can go. Unlike some states, Florida does not have a law restricting reporting to seven or ten years.
Do pending charges show up on a background check?
Yes, pending charges can appear on a background check and may impact an employer’s hiring decision. However, they are not proof of guilt.
Can I clear my criminal record in Florida?
Many people can have their records sealed or expunged, depending on the type of charge and the case outcome. Florida law sets strict eligibility criteria for record sealing.
Do all employers run background checks in Florida?
No, but many do, especially for jobs in healthcare, education, law enforcement, and finance. Private employers may choose whether to conduct background checks.
Can I deny my record if it has been expunged?
Yes. Under Florida law, individuals with expunged records can legally deny the existence of the record on most job applications.
Does Florida have a “ban the box” law?
Florida does not have a statewide "ban the box" law, but some local governments have policies restricting when employers can ask about criminal history.
Can an employer fire me for having a criminal record?
Unless protected by a contract or union agreement, employers in Florida have the right to terminate employment based on criminal history. However, discrimination laws may apply in certain cases.
How can a lawyer help with background check issues?
An attorney can help with expungement, record sealing, and legal challenges to incorrect background check information, improving employment opportunities.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.