Wondering what shows up on a background check in Florida? The answers may surprise you. Whether you’re applying for a job, renting a home, or dealing with legal matters, background checks can uncover a wide range of information.
These reports often include criminal records, employment history, and even credit reports, depending on the type of check. Criminal background checks are especially important, as they reveal any prior convictions, arrests, or pending charges and can have a significant impact on various aspects of your life.
If you’re concerned about how your past might affect your future, it’s important to understand your rights and options. Fortunately, Tampa criminal defense attorney Andrew Buda can provide personalized legal guidance you can trust. Call Buda Law at (813) 322-2832 or contact us online to schedule a free consultation today.
What is a Background Check?
A background check, sometimes referred to as a “background screening,” is used to verify a person’s history, typically for employment, housing, or legal purposes. The background check process involves reviewing information such as criminal records, employment history, and education credentials.
Background checks are typically conducted through a background check company that compiles data based on public records and other sources. Legal regulations govern how a background screening is performed to ensure fairness and accuracy.
Types of Background Checks
Several factors determine what type of background check is needed, depending on the situation at hand. Whether you’re applying for a job, renting an apartment, or purchasing a firearm, certain legal regulations decide what information is reviewed.
Below, we will break down five common types of background checks in Florida.
Pre-Employment Background Checks
Pre-employment background checks are a key part of the hiring process. They allow employers to make an informed hiring decision while protecting company assets.
The pre-employment background screening process typically includes criminal record searches, employment history verification, identity verification, social security verification, and education confirmation. It also involves reviewing credit reports, motor vehicle records, and sometimes even drug screening. By conducting a thorough pre-employment screening, employers ensure that potential employees are qualified and reliable, which helps reduce the risk of negligent hiring claims.
The Equal Employment Opportunity Commission (EEOC) plays an important role in ensuring that the employment background check process is fair and non-discriminatory. Employers must ensure that pre-employment background checks comply with the EEOC’s guidelines, meaning they cannot use the results to discriminate based on national origin or other protected categories. This is especially important when hiring for roles that involve vulnerable populations.
By following the EEOC guidelines, employers can gather a complete picture of a candidate’s background without violating legal protections, leading to informed hiring decisions that protect the company and its employees.
Criminal Background Checks
Criminal background checks review a person’s criminal history, helping employers and other organizations assess whether past criminal offenses may pose a risk.
These background checks consist of criminal record searches, which reveal details about criminal convictions and arrest records. A criminal background check may also include motor vehicle reports and driving records if motor vehicle-related offenses are relevant.
The purpose of criminal background checks is to provide a clear picture of a person’s criminal record, helping employers and others make informed decisions about hiring, renting, or other important matters.
Housing and Apartment Background Checks
Housing and apartment background checks help landlords decide if you’re a good fit as a tenant. These background checks examine your credit history, including whether you’ve paid bills like rent or car payments on time. They may also check your criminal history, such as any misdemeanor convictions or felony convictions you may have had.
The background check also looks at employment history to make sure you have a stable income, and employment verification helps confirm that you can afford the rent.
The Fair Credit Reporting Act (FCRA) protects your rights during this process, ensuring the information in your background check is accurate and used fairly. If something is wrong, you have the right to dispute it.
Gun Sale Background Checks
In Florida, gun sale background checks are required before anyone can buy a firearm to make sure they are legally allowed to own one. This background screening looks at a person’s criminal background, including felony convictions, arrest records, and other legal issues that might stop someone from being able to purchase a firearm.
Under federal law, there are ten groups of people who can’t legally buy or have a gun, including those convicted of a felony criminal offense, people with an active protection order, and illegal immigrants.
In the state of Florida, however, 96% of all gun sale transactions are approved.
Security Clearance Background Checks
A federal agency like the FBI will use security clearance background checks to ensure that individuals handling sensitive or classified information can be trusted.
These background checks consist of employment history verification, education verification, examining your credit history, and more. Federal agencies also conduct reference checks and use databases like the National Crime Information Center and the Office of Foreign Assets Control to look for criminal offenses like identity theft or other forms of fraud.
By performing a thorough background screening, federal agencies ensure that individuals are not vulnerable to outside influences and can be trusted in secure roles.
What Happens if You Have a Criminal Record?
Having a criminal record can impact your background check since it shows up in public records that employers or landlords might review. These background reports can include details about any past misdemeanor or felony convictions, which could influence their decision to hire or rent to you. Federal and state laws set rules on how this information can be used, offering some protection from discrimination.
What Does a Background Check Show?
Background checks typically show a variety of information depending on the purpose of the check. Common details include your criminal history, employment history, credit history, and any professional licenses you hold. The background check report may also reveal your education history, driving records, and other public records.
Below, we’ll provide a long list of common FAQs regarding what might show up on a background check.
Do Tickets Show Up on Background Checks?
Yes, tickets can show up on background checks, but it depends on the type of check being conducted. Traffic tickets are usually found in motor vehicle records, which employers or other entities might review, especially for jobs that involve driving.
While minor traffic violations might not be a concern for most employers, more serious offenses, like DUI offenses or reckless driving, are likely to be flagged during the background check process.
Do Police Reports Show Up on Background Checks?
Police reports generally do not appear on background checks, but the information within them, such as arrests or criminal charges, likely will.
Background checks often focus on criminal records, which can include convictions or pending charges related to a police report. However, details from a police report, like witness statements or incident descriptions, typically remain separate and would not appear in a standard background check.
Will Infractions or Petty Crimes Show Up on Criminal Background Check?
Depending on the nature of the crime and the type of check being conducted, infractions or petty crimes can show up on a criminal background check.
Infractions, such as minor traffic violations, may appear in motor vehicle records but are less likely to be a concern for most employers. Petty crimes, like shoplifting or trespassing, may appear as part of your criminal record.
Even though these offenses are minor, they can still be flagged on a background check, potentially influencing decisions for jobs, housing, or other opportunities.
Do Misdemeanors Come Up on Background Checks?
Yes, misdemeanor convictions typically come up on background checks. The details of a misdemeanor, such as the offense and date of conviction, can appear depending on the type of background check being conducted. Local laws may determine how long misdemeanor convictions remain on your record and whether they can be sealed or expunged.
Do Pending Charges Show Up on a Background Check?
Pending charges can show up on a background check in Florida. When a background check is conducted, it often includes both past convictions and current legal proceedings, which means any pending charges will likely appear. This information allows employers, landlords, or others to see ongoing legal issues, even though the person has not yet been convicted or acquitted. However, how this information is used may be subject to specific laws and regulations in local jurisdictions.
If You Have Been Charged But Not Convicted Is It On Your Record?
If you’ve been charged but not convicted, the charge can still appear on your record. Criminal background checks include arrest records and pending charges, regardless of whether they resulted in a conviction. Depending on local laws, even if the charge was dropped or dismissed, it may still show up unless the record is sealed or expunged. In some cases, however, you may be able to take legal steps to remove these charges from your record.
Do Arrests Show Up on Background Checks?
Yes, arrests do appear on background checks, especially if they are documented in county court records. Remember, even if an arrest did not lead to a conviction, it might still appear as part of your criminal history during a background check. The extent to which arrests are visible can depend on the specific background check being conducted and local laws governing how county court records are reported and accessed.
Does PTI Show Up on Background Check?
PTI (Pretrial Intervention) may not show up on a background check in Florida once the program is successfully completed because, at that point, the charges are typically dismissed.
When you complete PTI, the charges against you are often dropped, and since there is no conviction, it is possible for the records to be sealed or expunged. If the charges are sealed or expunged, they will not appear on most background checks.
Does Probation Show Up on Background Check?
If you’ve been placed on probation as part of a criminal conviction, it will likely appear as part of your criminal history. Background checks typically include details about criminal convictions, including whether you are currently serving probation or have completed it.
Will a Civil Lawsuit Show Up on a Background Check?
Civil lawsuits generally do not show up on standard criminal background checks, as they involve non-criminal matters like disputes between individuals or organizations. However, if the background check includes a review of public records, it is possible that civil lawsuits could be found through court records or databases.
Some background checks, particularly those conducted for high-level security clearances or financial positions, may include civil litigation history. However, routine employment or housing background checks typically do not include civil lawsuits unless they result in judgments or liens that affect your financial status.
Do Bankruptcies Show Up on Background Checks?
Yes, bankruptcies can show up on background checks when the check includes a review of financial history or credit reports. Bankruptcy filings can remain on your credit report for up to 10 years, which can impact your ability to secure loans, rent property, or obtain certain types of employment.
However, bankruptcy is a legal, financial remedy that does not reflect criminal wrongdoing, so it will not appear on a criminal background check.
Does Marriage Show Up On Background Check?
No, marriages typically do not show up on a standard background check. While marriage records are considered public records, they are generally not included in criminal or employment background checks unless specifically requested or relevant to the situation, such as in family law cases or certain financial matters.
Does Divorce Show Up On a Background Check?
Divorce does not usually show up on a standard background check. Like marriage, divorce is a personal matter. While divorce records are part of public records, they are not typically included in background checks that focus on criminal history, employment, or financial details. However, if someone conducts a search of public records or a background check that specifically includes civil court cases, divorce information could be found.
Will a DUI From Another State Show Up on a Background Check?
Yes, a DUI from another state can show up on a criminal background check. Criminal record searches often use nationwide databases that track offenses across state lines. Even if it occurred in a different state, a DUI will stay on your criminal record and can be discovered during a criminal background check.
Will a Military Conviction Show Up on a Background Check?
Yes, a military conviction can show up on a background check, but it depends on the type of check being conducted. Military convictions, especially those resulting from court-martial, may be included in background checks that review federal or national databases. If the conviction is classified as a felony or serious offense, it is more likely to appear in a criminal background check.
However, certain military records, especially less severe convictions, may not be included in standard civilian background checks unless specifically requested or if you’re applying for jobs that require security clearance or government positions.
How Long Does it Take for a Charge to Show Up on a Background Check?
The time it takes for a charge to show up on a criminal background check can vary, but it usually appears soon after it is filed and entered into the public record by law enforcement or the courts. Once the charge is officially recorded in local, state, or federal databases, it becomes accessible to background check companies. This process can take anywhere from a few days to a couple of weeks, depending on the efficiency of the reporting system and how quickly the courts or law enforcement agencies update their records.
How Far Back Do Background Checks Go in Florida?
In Florida, there is technically no time limit on how far back background checks can go on criminal records. However, employers must comply with the Fair Credit Reporting Act (FCRA) when conducting background checks, which caps the reporting of most types of information at seven years.
Understanding the Impact of Criminal Records on Background Checks
Criminal records can heavily influence decisions for things like employment, housing, and various other opportunities. When a background check service is used, it typically reviews a person’s criminal history, including arrests, convictions, and pending charges.
Depending on the severity of the offenses, a criminal record can affect a person’s eligibility for certain jobs or housing options. Some industries, particularly those requiring security clearance or working with vulnerable populations, place heavy emphasis on clean records.
How Tampa Criminal Defense Attorney Andrew Buda Can Help Keep Your Record Clear
At Buda Law, a renowned Tampa, FL-based law firm, we are dedicated to helping you protect your future by keeping your record clear. With extensive experience in criminal defense, attorney Andrew Buda can take the necessary legal action to avoid charges and convictions that may harm your record, potentially affecting job prospects, housing, and more. If you already have a criminal record, we can assist with expungements and record sealing to help you move forward without the weight of past mistakes holding you back.
As a trusted Tampa expungement lawyer, Andrew Buda provides dedicated and knowledgeable legal guidance to give you the best chance at a clean slate. Call (813) 322-2832 or contact us online today for a free consultation.