Florida Department of Law Enforcement

FDLE, serving as the state agency overseeing criminal background checks, plays a pivotal role in various aspects such as licensing, employment, permits, registrations, foreign adoption, and immigration/visa clearances. Once results are obtained, FDLE promptly forwards them to the relevant requesting agency within a three-day window.

Background Check

The term “background check” is often used interchangeably with “criminal history check” or “criminal history background check,” leading to occasional confusion. From the FDLE perspective, a background check primarily involves a criminal history record review aimed at determining if an individual has a history of arrest and/or conviction. While some entities might extend this term to include driver’s record checks, credit checks, or interviews with neighbors and employers, FDLE’s scope encompasses searches across various databases:

• The Florida Computerized Criminal History Central Repository for Florida-based arrests (state check).
• The Florida Computerized Criminal History Central Repository for Florida arrests combined with the national criminal history database at the FBI for federal arrests and arrests from other states (state and national check).
• The Florida Crime Information Center for warrants and domestic violence injunctions (warrant files check).

National Record

National record checks hinge upon fingerprint submissions, whereas state record checks may be initiated based on a name (and other descriptors) or fingerprints.

Moving on, Florida utilizes the terms “Level 1” and “Level 2” Criminal History Record Checks, denoting the method and extent of data searched, along with certain disqualifying offenses if specific statutes are referenced. While unique to Florida and outlined in Chapter 435, F.S., these terms are not utilized by the FBI or other states. They are broadly defined as follows:

• Level 1: Involves a state-only name-based check.
• Level 2: Encompasses a state and national fingerprint-based check, coupled with a review of disqualifying offenses. It applies to individuals deemed to hold positions of responsibility or trust as mandated by Section 435.04.

These distinct levels of checks, defined within Florida statutes, uphold rigorous standards aimed at ensuring thorough scrutiny in various fields, thereby reinforcing the state’s commitment to safety and security.