When a company is looking to hire some new employees, some may require a background check. As an employer you do have the right to perform background checks on prospective employees. However, there are a few restrictions as to what information they are allowed to access in the State of Florida. Advanced Private Investigators & Security of Miami, FL would like to share the benefits of background checks and the restrictions all employers should be aware of.
Benefits of Background Checks
There are many reasons why a company will perform background checks on the employees they may wish to hire. First, it provides the company with better peace of mind toward the person they would like to hire. As many people are not perfect, should there be any red flags during a background check, it will be up to the discretion of the employer if they wish to hire that person regardless of faults found. In other cases, background checks are required for safety and liability reasons. Cab companies, educational positions and security jobs are some examples where a background check helps protect the company and ensures the character of the person in those positions.
Florida Arrest Records
In the State of Florida employers are legally permitted to inquire about any arrest records during background checks. Often basic background checks don’t cover arrest records and usually need to be requested during the time background checks are requested.
Expunged or Sealed Records
If a person went through the effort to have their record expunged and/or sealed, then an employer doesn’t have any access to these past convictions or arrests. As the State of Florida promises, a sealed and expunged record no longer follows an individual and will not show up on a background check.
Criminal Records
A person’s criminal record can be disclosed during a background check. However, an employer can only disqualify a candidate if their criminal record contains convicted felony charges or first-degree misdemeanor convictions. Depending on the nature of the company, there are some exceptions as to which candidates can be disqualified. However, an employer must be careful if they do disqualify a candidate as they could be accused of employment discrimination which is possible under the Title VII of Civil Right Act of 1964.
Ban the Box
In the State of Florida, there is no statewide ‘ban the box’ legislation currently. Essentially a candidate must be promised the position before the background check can legally be done. A company must seriously be considering a person for a job and begin proper employment processing. During this time a company has the right to perform background checks.
Private Investigations, Security & More in Greater Miami, Sunny Isles, Fort Lauderdale, Boca Raton, Weston, Plantation City & Miami Gardens Florida
There are companies that depend on background checks for liability purposes. Some companies hire individuals to handle major assets for the company as well as for the general public. If you’re an employer requiring a background check you have the right to do so, but make sure to understand all regulations. If you need background checks, screening or private investigation and or security, contact Advanced Private Investigators & Security of Miami, FL today.
