Employers in Jacksonville, Florida typically conduct background checks to confirm their applicants are trustworthy, competent, and qualified.
Pre-employment background checks protect workplace safety and your organization’s reputation.
This guide explains the importance of this vital component of the hiring process for Jacksonville employers and the laws you should know.
Key Takeaways
• Employment background checks in Jacksonville investigate an applicant’s criminal history, former employment, education, and other key details to confirm their suitability for open positions.
• Employers conduct background checks to protect workplace safety, reduce liability risks, safeguard their reputations, and raise client trust.
• What shows up on a background check depends on your requested searches.
• When you complete background checks, you must adhere to all relevant laws to avoid potential fines and liability.
What is an Employment Background Check in Jacksonville?
In Jacksonville, an employment background check is an investigation into an applicant’s employment record, education, criminal history, and other relevant details.
It helps employers determine whether a candidate is suitable for the job.
Why do Jacksonville Employers Conduct Background Checks?
Employers in Jacksonville conduct background checks for the following reasons:
1. Protect Workplace Safety
Employers must protect the safety of their employees and customers.
By conducting pre-employment background checks, Jacksonville companies can identify applicants who could threaten workplace safety and avoid hiring them.
2. Confirm New Hires are Qualified, Competent, and Trustworthy
Employment background checks confirm whether applicants have the qualifications and experience they have claimed on their resumes.
This helps employers ensure their new hires are fully qualified, trustworthy, and capable of performing their jobs.
3. Reduce Liability Risks
When an employer hires someone who injures others, and a background check would have revealed the applicant was incompetent or unsafe, the employer can be liable for negligent hiring.
Employment background checks help employers identify applicants who are unfit for the jobs and reduce liability risks.
4. Raise Client Trust
Performing background checks on all candidates facilitates a culture of trust within the workplace.
This practice also demonstrates that your company values quality and helps to build client trust in your organization.
5. Safeguard the Company’s Reputation
Your employees influence how others view your company. If you are careless in hiring, it could affect the view your customers and others have of your organization.
Employment background checks help ensure the people you hire are the right fit for their roles and will represent your company favorably.
Know Before You Hire
Jacksonville Crime Statistics to Know
While a criminal conviction should not be treated as an absolute bar to employment, you should carefully weigh a conviction against workplace safety concerns and job duties.
In 2020, the most recent year for which data from the Florida Department of Law Enforcement (FDLE) is available, serious crimes reported by law enforcement in Jacksonville and Duval County included:
- 143 murders
- 477 rapes
- 961 robberies
- 5,074 aggravated assaults
- 4,021 burglaries
- 20,655 larcenies/thefts
These statistics demonstrate the importance of completing background checks that include criminal history searches.
What Shows up on a Background Check?
What appears on a background check varies based on the searches employers request.
Most employers in Jacksonville ask for the following reports:
- Criminal history
- Identity verification
- Employment verification
- Education verification
- Motor vehicle records (MVR) check
- Professional license verification
Let’s look at what you might see on each of these reports.
Criminal History
If you request a criminal history search on an applicant who has a conviction or pending case, the criminal background check reveals the following information:
- Criminal case number
- Offense date
- Type of offense
- Offense severity level (misdemeanor or felony)
- Disposition
- Date of disposition
- Sentence (if available)
Expunged, sealed, or pardoned records won’t be reported.
Identity Verification
Consumer reporting agencies (CRAs) that complete pre-employment background checks verify the applicant’s identity before completing the requested searches.
This verifies the records belong to the applicant and not to another similarly named individual.
Employment Verification
An employment verification report shows the following details about an applicant’s previous jobs:
- Name and contact information for each former employer
- Employment dates at each job
- Positions and titles the applicant held
Education Verification
Education verification discloses the following information about the schools the applicant attended:
- Name and address of each institution
- Attendance dates at each school
- Any diplomas or degrees the applicant was conferred
Motor Vehicle Records (MVR) Check
Companies hiring candidates for positions requiring them to drive often ask for MVR checks.
An MVR check reports the following data about an applicant’s driving record:
- License number
- License class
- Issuance date
- License holder’s address, photo, and other details
- Expiration date
- Traffic violations
- Major traffic convictions
- Suspensions or revocations
Professional License Verification
Organizations that hire people for roles that require professional credentials often request professional license verification.
A professional license verification report shows the following information about an applicant’s license or certificate:
- License/certificate number
- License/certificate type
- Issuance date
- Expiration date
- License/certificate validity
- Public discipline or sanctions against the licensee
- License suspensions or debarments
Important Background Check Laws
Companies in Jacksonville must comply with federal, state, and local laws when they conduct background checks.
Federal Laws
Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) is a comprehensive consumer privacy law. It protects consumers’ information collected, retained, and reported by CRAs.
The FCRA includes a seven-year reporting rule that restricts CRAs from disclosing the following types of information for jobs paying under $75,000 when it is seven years old or older:
- Arrests that didn’t culminate in convictions
- Paid tax liens
- Civil judgments
- Debt collections
- Civil lawsuits
- Chapter 13 bankruptcies (10 years for Chapter 7)
The FCRA’s seven-year rule doesn’t apply to convictions, employment history, education, or other key background details.
Employers must also comply with the FCRA’s notice and consent rules when they conduct background checks. They must notify applicants in advance and obtain their written consent before a check can be initiated.
If an employer wants to deny employment based on adverse information disclosed in a background check, they must first complete a specific process.
Fair Chance to Compete for Jobs Act
The Fair Chance to Compete for Jobs Act is a federal fair chance hiring law that was enacted in Dec. 2019.
Under this law, companies seeking federal contracts must wait to ask applicants about criminal history information until they have extended conditional job offers.
Federal agencies are prohibited from contracting with companies that ask about criminal history information earlier in the application process.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 (Title VII) is a federal anti-discrimination law. It prohibits workplace discrimination against applicants and employees based on their protected characteristics during all phases of the employer-employee relationship, including hiring.
The Equal Employment Opportunity Commission (EEOC) has issued employer guidance about how to handle conviction information.
When you learn an applicant has a conviction from a background check, you must individually assess information about the conviction concerning the duties of the job before you can decide against hiring the applicant based on it.
State Laws
Mandatory Use of E-Verify
Under §448.095, Fla. Stat. (2023), Florida employers must enroll in E-Verify to confirm employees are authorized to work in the US.
Alternatively, employers can gather the documents the US Citizenship and Immigration Services (USCIS) requires to verify employment authorization.
Miya’s Law
Miya’s Law was passed after a college student was murdered in her apartment complex by a maintenance worker.
This law requires property management companies, apartment complexes, and landlords to complete comprehensive pre-employment background checks that include criminal records and sex offender checks in all 50 states and the District of Columbia.
Drug Trafficking/Sales Convictions Bar Individuals from Public Employment
Under §775.16, Fla. Stat. (2023), people with drug sales or drug trafficking felonies can’t be employed by public employers.
However, people who are disqualified based on felony drug convictions can complete drug rehabilitation programs approved by the state and all of the terms and conditions of their sentences to remove their ineligibility.
Individuals with Some Felonies or Misdemeanors Can Be Barred from Public Employment
Under §112.011, Fla. Stat. (2023), public employers can turn down applicants who have felony or first-degree misdemeanor convictions that directly relate to the duties of the job.
However, they can’t deny employment to applicants because they have low-level misdemeanor convictions.
No Reporting of Expunged Records
Under §943.045(16), Fla. Stat. (2023), eligible people with certain criminal records can petition the court for expungement.
The effect of expungement is that expunged records can’t be reported on background checks, and applicants with expunged records can deny them on applications or when asked.
However, Florida’s expungement law only applies to limited types of criminal records, and courts can exercise discretion about whether to grant an expungement request.
Local Laws
Jacksonville Ban-the-Box Ordinance
Under Jacksonville Mun. Code Sec. 116.1601 et. seq., the city has enacted a ban-the-box rule for public employers.
City employers can’t ask about criminal history information on their applications and must wait until after they have made conditional job offers to initiate criminal background checks.
Know Before You Hire
How to Conduct Compliant Background Checks in Jacksonville
1. Develop an Effective Background Check Policy
Create a comprehensive background check policy before your organization initiates a background check program.
Your policy should track the federal, state, and local laws and include specific steps HR staff should perform before, during, and after completing background checks.
Identify the types of searches you’ll perform based on various positions.
Make sure your policy is applied uniformly to avoid the potential of unconscious bias.
2. Train HR Staff
Fully train all HR staff on how to conduct pre-employment background checks.
Ensure they understand the legal requirements surrounding the background check process to avoid potential liability and penalties.
3. Choose a Reputable Third-Party Provider
The CRA you partner with to perform employment background checks can make the difference in their reliability and your company’s legal compliance.
Choose a company with a documented, positive reputation that always complies with the FCRA and other laws.
At iprospectcheck, we comply with all laws and leverage advanced technologies and cutting-edge research methodologies to complete comprehensive, FCRA-compliant background checks for our clients quickly.
4. Choose Relevant Background Searches
When you order background checks, make sure you only select searches relevant to your open positions.
At iprospectcheck, we offer several packages and numerous add-on searches so that you can create tailored background checks and avoid paying for unnecessary reports.
5. Comply with the FCRA’s Notice and Consent Requirements
The FCRA requires employers to follow its notice and consent requirements when conducting background checks.
You must notify applicants that your organization conducts background checks on a standalone form.
Before you can initiate a check, you must also obtain your applicants’ signed consent.
6. Review the Results
When you receive the results of a background check, carefully review them.
If everything looks good, contact the applicant and schedule their start date and onboarding appointment.
7. Weigh Convictions With the Job’s Duties
If a background check reveals an applicant has a criminal conviction, make sure to assess it individually as it relates to the duties of the job and workplace safety before deciding not to hire the applicant based on it.
8. Complete the Adverse Action Process
When you decide not to hire someone because of information in their background check, complete the following adverse action steps:
- Send a pre-adverse action notice – Send a notice to the applicant notifying them that you intend to deny employment based on information in their background check. Enclose a copy of the report, and highlight the negative information.
- Give a reasonable response time – Allow the applicant time to respond (typically five business days). The applicant can provide evidence the information is wrong or that they have been rehabilitated.
- Send a final adverse action letter – If you ultimately decide not to hire the applicant, send a final adverse action letter, and enclose a copy of their rights under the FCRA.
Partner with iprospectcheck
Conducting employment background checks on job candidates for your Jacksonville company can help you make informed hiring decisions.
Make sure to comply with all relevant laws and partner with an experienced, reliable CRA like iprospectcheck. We possess years of experience completing Florida background checks and can help you maintain compliance.
Call us today to learn more or obtain a free quote: (888) 509-1979.
DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.
