Miami Employment Background Check Guide for 2025

As an employer in Miami, Florida, it’s important to ensure your prospective employees are reliable, safe, and suitable for hiring.

This requires conducting thorough background checks that investigate criminal records, educational and employment histories, and other relevant information.

Read our guide below to understand the background check process in Miami as well as important information regarding compliance.

What is a Miami Employment Background Check?

A Miami employment background check investigates private and public records to determine an applicant’s suitability for employment.

This typically involves searching a candidate’s criminal record, former employment, educational history, and other information.

Why Do Employers in this City Conduct Background Checks?

1. Maintain Regulatory Compliance

Companies operating in regulated industries must comply with the state and federal rules governing them, including specific background check requirements.

For example, employers regulated by the U.S. Department of Transportation (DOT) must conduct driving history checks, DOT background checks, DOT physicals, and DOT drug tests before hiring CDL drivers.

Similarly, public and private schools must complete in-depth, fingerprint-based state and federal criminal background checks on teacher applicants before hiring them under §1012.315, Fl. Stat. (2023).

Employers in other industries might also have specific background check processes to follow to comply with regulatory requirements.

2. Protect Workplace Safety

Most Miami employers perform pre-employment background checks to protect the safety of their employees, customers, and the public.

Employment background checks help employers exclude applicants who could threaten workplace safety if hired.

3. Mitigate Liability Risks

Employers can face negligent hiring liability when hiring unsafe or unqualified employees.

For example, if a company hires an unlicensed driver who subsequently causes an injury accident while working, the injured victim can file a lawsuit for negligent hiring against the business.

Conducting pre-employment background checks allows employers to identify candidates who are unsafe or unqualified, thereby reducing their liability risks.

4. Build Client Trust

Clients prefer working with companies that employ safe, qualified workers.

When your company has an effective background check policy and conducts thorough pre-employment checks as a regular part of your hiring process, this helps build trust that can attract and retain loyal clients.

5. Ensure Fairness in Hiring

If you don’t have a uniform background check policy, unconscious bias can seep in and result in discriminatory hiring practices.

When you conduct the same types of checks on all applicants for similar positions and have clear policies your HR staff follow when making employment decisions, you can ensure fairness in your hiring processes.

What Does a Background Check Show?

What you might see on an employment background check depends on the search types you request.

Miami employers commonly request the following types of reports:

• Identity verification
• Criminal history
• Education verification
• Employment verification
• Professional license verification
• Motor vehicle records checks

Here’s a look at what you might see on each of these reports:

Identity Verification

Identity verification confirms a candidate’s identity by comparing their date of birth, address history, Social Security number, and other information against reliable sources.

This type of check ensures that reported information belongs to a candidate and avoids confusing applicants with other similarly named individuals.

Criminal History

If an applicant has a criminal conviction or pending charge, you will see the following information:

• Arrest date
• Offense type/name
• Offense severity (misdemeanor/felony)
• Disposition
• Disposition date
• Sentence (if available)

You can use that information to individually assess the conviction as it relates to the job and workplace safety concerns to make an informed hiring decision.

Education Verification

Education verification confirms what applicants have reported about their educational attainment.

This type of report reveals the following details about an applicant’s education:

• Names/addresses of each school attended
• Attendance dates
• Conferred degrees or diplomas

Education verification allows you to confirm your applicants are honest and qualified for the job.

Employment Verification

Employment verification confirms what applicants have reported about their past employment records.

An employment verification report discloses the following information:

• Each employer’s name/address
• Employment dates with each employer
• The candidate’s job titles/positions

Employment verification ensures your applicants are trustworthy and have the necessary experience to perform their jobs.

Professional License Verification

If your company hires workers for jobs requiring professional licenses or certifications, you should request professional license verification.

This type of report shows the following information about an applicant’s license or certificate:

• License/certificate number
• License/certificate validity
• License/certificate issuance date
• License/certificate expiration date
• License/certificate type
• Whether the license or certificate is current and in good standing
• Public discipline or sanctions

Professional license verification ensures your candidates are qualified for their jobs and reduces your negligent hiring liability risks.

Motor Vehicle Records Check

If your company hires for positions involving driving, you should include motor vehicle record (MVR) checks as a standard part of your screening process.

An MVR check reports the following information about an applicant’s driving record and license:

• Individual’s name, address, and physical descriptors
• Individual’s date of birth
• Driver’s license class
• Issuance date
• Expiration date
• Traffic violations
• Major traffic crimes (DUIs, vehicular manslaughter, etc.)
• Revocations/suspensions
• License validity

This information can help you deny applicants with poor driving records and decrease your negligent hiring liability risks.

Relevant Background Check Laws

Miami employers must comply with federal, state, and local laws when they conduct pre-employment background checks, including:

Federal Laws

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a major federal privacy law that affects employment background checks in all states.

This law protects consumers’ privacy in information gathered and reported by consumer reporting agencies (CRAs) to third parties, including employers conducting background checks.

Under the FCRA, CRAs can’t report the following information for jobs paying salaries under $75,000 per year when it is seven or more years old:

• Arrests not leading to convictions
• Paid tax liens
• Debt collection accounts
• Chapter 13 bankruptcies (10 years for Chapter 7)
• Civil lawsuits or judgments

The FCRA doesn’t restrict the reporting of criminal convictions older than seven years, and it also doesn’t limit the reporting of employment history, education, or other relevant information.

The FCRA also requires employers to complete a specific process called the adverse action steps when they decide not to hire an applicant based on negative information learned from a background check report.

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 (Title VII) is a seminal anti-discrimination law that applies to employers throughout the US, including in Miami.

This law prohibits discrimination against members of protected groups in all aspects of the employment relationship, including hiring.

The Equal Employment Opportunity Commission (EEOC), the federal agency that regulates Title VII, has issued employer guidance about how to handle arrest and conviction information reported on background checks.

Employers must individually assess criminal records as they directly relate to the job and workplace safety concerns before basing a decision not to hire an applicant on that information.

Fair Chance to Compete for Jobs Act

The Fair Chance to Compete for Jobs Act (FCA) was signed into law in 2019 by former President Donald Trump and is a federal fair chance hiring law.

This law applies to federal agencies and private companies that seek federal contracts.

Federal agencies can’t contract with private companies that inquire about criminal history information before making conditional employment offers.

State Laws

Florida has few laws that affect employers conducting background checks beyond the federal laws listed above. However, employers should still comply with the following Florida laws:

Miya’s Law

The Florida Legislature passed Miya’s Law following the 2021 murder of a young college student by a maintenance worker at the complex where the victim lived and worked.

Under this law, landlords employing property managers must perform comprehensive background checks on applicants, including criminal records and sex offender registry checks in every U.S. state and the District of Columbia.

Apartment complex landlords and property management companies must comply with Miya’s Law in their hiring processes.

Certain Drug Offenders Barred from Public Employment

Individuals with felony drug trafficking or sales convictions are barred from state public employment per §775.16, Fla. Stat. (2023).

Otherwise, disqualified felony drug offenders can be eligible for public employment if they complete state-approved drug rehabilitation and all conditions of their sentences.

Some Felonies or Misdemeanors May Bar Individuals from Public Employment

Public employers aren’t allowed to deny jobs based on low-level misdemeanors.

However, under §112.011, Fla. Stat. (2023), public employers can deny employment to applicants with first-degree misdemeanor or felony convictions directly related to the jobs.

E-Verify Use Mandatory

In §448.095, Fla. Stat. (2023), Florida mandates private employers to enroll in E-Verify and use it to confirm an employee’s employment eligibility in the U.S. or to collect the same documents required by the U.S. Citizenship and Immigration Services (USCIS) to verify lawful employment authorization.

Expunged Convictions not Reported

Florida has a limited expungement law at §943.045(16), Fla. Stat. (2023). This law allows qualifying individuals to petition the court and request certain criminal records be expunged.

An individual with an expunged record can legally deny it and isn’t required to disclose it when asked. CRAs can’t report expunged records to employers on background checks.

However, expungement is only available for limited records and isn’t automatic. Instead, whether to grant an expungement request is left to the court’s discretion.

Local Laws

Miami-Dade County Ban-the-Box Law

The Miami-Dade County Commission passed a county ban-the-box ordinance in 2015.

Under this rule, county employers can’t ask applicants for criminal history information on their applications.

County employers can’t conduct criminal background checks until an applicant has been chosen as a finalist for the position.

If a conviction is discovered, they must individually assess it concerning the job before basing an adverse hiring decision on that information.

City of Miami Beach Fair Chance Hiring

The City of Miami Beach has a fair chance hiring ordinance that was effective on Dec. 1, 2016.

Miami Beach’s law applies to public employers and private employers with city contracts.

The Fair Chance hiring ordinance requires city employers to wait to complete criminal background checks until after they have extended conditional offers of employment.

It also prohibits the city from contracting with private employers with background check policies that deviate from the city’s fair chance hiring law.

How Miami Employers Can Conduct Background Checks

To conduct compliant, accurate background checks for employment, take the following steps:

1. Create a Thorough Background Check Policy

Creating a thorough background check policy can ensure fairness in hiring and reduce liability risks.

Your background check policy should include information about the types of searches you conduct for various positions and should call for a uniform process for all applicants to positions at similar levels of authority.

Include the specific steps HR staff must take when they perform background checks and how they should handle information the reported information.

2. Comply with Notice and Consent Rules

The FCRA contains strict notice and consent rules for employers intending to conduct background checks.

Notify applicants you conduct background checks. Include this notice on a standalone form without extraneous information to ensure they see it.

Before requesting a background check on an applicant, obtain their signed consent.

3. Partner with a Reputable Screening Provider

The quality and reliability of a background check depend on the screening provider you choose.

Choose a reputable provider that complies with local, state, and federal laws like iprospectcheck.

We use advanced research methodologies and extensive access to information sources to quickly return up-to-date, accurate, reliable, and FCRA background checks.

4. Choose When to Conduct Background Checks

Florida doesn’t have a statewide ban-the-box law.

However, if your company wants to win federal or city contracts with Miami Beach, wait until after you extend a conditional offer of employment before inquiring about criminal history.

Waiting until the late phases of your hiring process to complete background checks is also more cost-effective.

5. Select Relevant Search Types for Your Industry

At iprospectcheck, we offer multiple packages and add-ons, allowing you to create tailored background checks for different positions.

6. Assess Convictions Fairly

Don’t have a blanket policy to deny employment to anyone with a criminal record.

Instead, individually assess a conviction as it relates to the job before basing a decision not to hire the applicant on their criminal record.

7. Communicate Background Check Results

If the background check confirms the applicant is trustworthy, qualified, and suitable for the job, contact them to schedule onboarding and a start date.

By contrast, if you don’t want to hire the applicant because of what you learned from the background check report, follow the process below.

8. Complete the Adverse Action Process

When a background check reveals negative information about a candidate, you must complete the adverse action process before making a final decision not to hire them.

Complete the following steps:

• Send a pre-adverse action notice – Send the candidate a notice that you intend not to hire them based on negative information contained in their background check report. Include a copy of the report with the concerning information highlighted.
• Provide a reasonable time to respond – Give the candidate a reasonable time to respond by presenting evidence the information is wrong or of rehabilitation. Typically, a reasonable time is five business days.
• Send a final adverse action notice – If you decide not to hire the applicant based on the information from their background check report, send a final adverse action notice. Attach a copy of their FCRA rights.

Trust iprospectcheck as Your Reliable Miami Background Check Provider

Trust iprospectcheck to reliably provide accurate, timely, and legally compliant background checks in Miami.

Our US-based team implements advanced research methods to ensure your company receives comprehensive reports and can make timely, informed hiring decisions.

Call us to learn more about our background check services and receive 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.