Florida background check laws for employers

The FCRA sets the process in Florida

Florida has no statewide ban-the-box law for private employers. The state's own rule on criminal records, section 112.011, covers public employment and licensing, not private hiring. A private employer can ask about criminal history at any stage, unless a local ordinance or a rule for the job says otherwise.

When the employer uses a background check company, the federal Fair Credit Reporting Act applies: a clear written disclosure, the candidate's written authorization, a copy of the report and the FCRA Summary of Rights before an adverse decision, and an adverse action notice after it.

Gainesville's fair chance ordinance

Gainesville adopted a fair chance ordinance in December 2022. It covers employers with 15 or more employees whose main place of work is in the city, counted over at least four weeks in the current or previous year. Child care facilities and some care providers are exempt.

Covered employers can't ask about or check criminal history before a conditional offer, and can't post blanket exclusions for people with records. If a record comes back, the employer weighs it on five points: the nature and gravity of the offense, the person's age at the time, the time since the offense and the sentence, the duties of the job, and evidence of rehabilitation. A rejection based on criminal history is given in writing and refers to the ordinance.

Records Florida employers can't use

A person whose record has been expunged can generally deny or not acknowledge the arrest, with exceptions listed in the law for jobs such as child care, education and law enforcement. Sealed records follow similar rules with a different set of exceptions.

Florida has no general rule that keeps arrests without a conviction out of private hiring. Gainesville's ordinance adds limits for employers in the city.

Care roles and drug testing

For regulated care roles, the law governing the position sets the screening level under Chapter 435; Level 2 screening uses fingerprints and state and federal checks through a shared clearinghouse. Its rollout continues through June 30, 2027 for some provider types. These rules apply on top of the general FCRA process.

Florida's medical marijuana law does not require employers to allow on-the-job use or change drug-free workplace policies.

Reporting limits and driving records

Florida has no separate limit on how far back a report can go. Under the federal FCRA, convictions can be reported regardless of age; most other negative records are limited to seven years, except for jobs paying $75,000 a year or more.

The state charges $10.25 for a driving record in PROFID's published fee table, and $8.25 for a three-year record. Personal information on a driver record is released only for a permitted purpose, such as the driver's written consent.

What a Florida check costs

PROFID's packages are $27.99, $49.99 and $74.99 per candidate on the review date; current prices are on the pricing page. On top of the package come passthrough fees like those above: $25 for the statewide criminal history search, $10.25 for a driving record, and a court fee in the few counties that charge one. See what drives the cost of a background check and the full passthrough fee table.

General information as of November 6, 2026, not legal advice. Coverage depends on the work location, employer size, role and records involved, and laws and fees change. Check the rules for each place where your employees work before relying on them. Fees are from PROFID's fee table, version April 22, 2026.