Introduction & Overview of FDLE Background Checks
An FDLE Background Check is a criminal history screening conducted by the Florida Department of Law Enforcement (FDLE). This type of background check provides information about an individual’s criminal record, including arrests, charges, and convictions within the state of Florida. It is commonly used by employers, law enforcement agencies, firearm dealers, and individuals who need to verify their own background information.
FDLE background checks are critical in ensuring public safety, verifying the credentials of job applicants, and complying with Florida’s legal requirements for specific professions. These checks are conducted through the FDLE Criminal History Information (CHI) system, which pulls data from local law enforcement agencies and national databases.
The Role of the Florida Department of Law Enforcement (FDLE) in Background Checks
The Florida Department of Law Enforcement (FDLE) is the primary agency responsible for processing background checks within the state. The FDLE maintains the Florida Crime Information Center (FCIC), which is an extensive database of criminal records. The department also collaborates with the Federal Bureau of Investigation (FBI) and the National Crime Information Center (NCIC) to provide thorough criminal history checks when required.
FDLE background checks are mandated for various legal and professional purposes, including:
- Employment verification (especially in sensitive industries such as education, healthcare, and childcare)
- Firearm purchases
- Professional licensing and certification
- Personal criminal history review
- Tenant screening for rental properties
- Volunteer work, particularly in youth programs and non-profit organizations
FDLE background checks help ensure that individuals in key positions meet the necessary legal and ethical standards required for employment, ownership, or licensure in Florida.
Types of FDLE Background Checks
FDLE offers different types of background checks depending on the level of detail required and the purpose of the request. The primary categories include:
1. Level 1 Background Check
A Level 1 background check is a name-based search conducted through the FDLE’s database. It is a basic screening that checks for statewide criminal records but does not include fingerprint verification.
- Common Uses: General employment screenings, personal criminal history reviews, volunteer positions.
- Limitations: May not be as accurate as a fingerprint-based check, as it relies on name matching.
2. Level 2 Background Check
A Level 2 background check is a fingerprint-based screening that provides a more in-depth review of an individual’s history. This check searches statewide and national databases, including the FBI’s criminal history database.
- Common Uses: Jobs requiring access to vulnerable populations (e.g., healthcare, education, law enforcement), licensing, and government positions.
- Advantages: More reliable than a Level 1 check since it matches fingerprints rather than just names.
3. Firearm Purchase Background Check
Anyone purchasing a firearm from a licensed dealer in Florida must undergo an FDLE firearm background check. This check is conducted through the Florida Firearm Purchase Program (FPP) and ensures that the buyer does not have:
- A felony conviction
- A history of domestic violence
- A court-issued restraining order
- A history of mental illness that disqualifies them from owning a firearm
- Common Uses: Firearm purchases from licensed dealers.
- Processing Time: Usually instant but may take up to three business days if additional review is required.
4. Personal Review Background Check
Individuals can request an FDLE background check for their own criminal history. This allows people to verify their records, correct any inaccuracies, or obtain documents for legal and immigration purposes.
- Common Uses: Immigration applications, record expungement, personal information verification.
5. Professional Licensing Background Check
Many professions in Florida require an FDLE background check as part of the licensing process. This applies to fields such as:
- Healthcare (nurses, doctors, home healthcare workers)
- Education (teachers, school administrators)
- Law enforcement and security
- Real estate and financial services
Why Are FDLE Background Checks Necessary?
FDLE background checks serve several important functions in maintaining public safety, legal compliance, and trust in various sectors. Here’s why they are essential:
1. Protecting Public Safety
By screening individuals for criminal histories, FDLE background checks help prevent individuals with violent criminal records or fraudulent histories from obtaining positions where they could pose a risk to others.
2. Ensuring Compliance with Florida Laws
Many industries, such as education, healthcare, and law enforcement, require strict background screening to meet state and federal regulations. Employers must comply with FDLE requirements to legally hire and retain employees.
3. Preventing Fraud and Identity Theft
A thorough FDLE background check helps ensure that individuals are who they claim to be, reducing the risk of fraudulent employment or identity misuse.
4. Supporting Fair Hiring Practices
Employers and landlords rely on background checks to make informed decisions while also complying with anti-discrimination laws and fair hiring policies.
5. Assisting in Firearm Regulation
Gun background checks through FDLE ensure that firearms do not fall into the hands of prohibited individuals, such as convicted felons or those with dangerous mental health histories.
Summary of Key Aspects of FDLE Background Checks
| Type of Background Check | Scope | Common Uses | Processing Time |
|---|---|---|---|
| Level 1 Background Check | Statewide, name-based | General employment, volunteers, personal review | Instant to 1 day |
| Level 2 Background Check | Statewide & national, fingerprint-based | Healthcare, education, law enforcement | 3 to 5 days |
| Firearm Background Check | Firearm purchase eligibility | Gun buyers | Instant (up to 3 days if delayed) |
| Personal Review Background Check | Self-check, criminal history | Immigration, record expungement | 5 to 7 days |
| Professional Licensing Check | Licensing agency requirements | Real estate, finance, healthcare | 3 to 7 days |
Step-by-Step Process of Obtaining an FDLE Background Check
The Florida Department of Law Enforcement (FDLE) offers different methods for conducting background checks depending on the request type. Below is a step-by-step breakdown of how to request and complete an FDLE background check.
Step 1: Determine the Type of Background Check Needed
Before requesting a background check, you must determine which type is required. The options include:
- Level 1 Background Check (name-based search)
- Level 2 Background Check (fingerprint-based, national and state-level search)
- Firearm Purchase Background Check
- Personal Review Background Check
- Professional Licensing Check
Each type has different processing times and levels of detail.
Step 2: Gather Required Information
To conduct a background check, you need specific details about the individual being screened. This typically includes:
✅ Full name (including any aliases)
✅ Date of birth
✅ Social Security Number (if applicable)
✅ Current and past addresses
✅ Employer information (for work-related screenings)
✅ Fingerprints (for Level 2 background checks and some licensing requirements)
Step 3: Submit the Background Check Request
The FDLE provides multiple ways to request a background check:
1. Online Requests
- The fastest and most convenient method.
- Conducted through the FDLE Criminal History Information (CHI) system.
- Best for Level 1 checks and personal review requests.
- Instant results for name-based searches.
2. Fingerprint-Based Checks (Level 2 Screening)
- Required for jobs involving vulnerable populations (healthcare, education, security, law enforcement, etc.).
- Done through LiveScan providers, which electronically transmit fingerprints to the FDLE and FBI.
- More reliable and accurate than name-based searches.
3. Firearm Purchase Background Checks
- Conducted when purchasing a firearm from a licensed dealer.
- The dealer submits the request to FDLE’s Firearm Purchase Program (FPP) for approval.
- Results are usually instant, but can take up to 3 business days if further review is needed.
4. Mail Requests
- Available for those who cannot access online services.
- Takes longer (typically 5-7 business days for processing).
Step 4: FDLE Processes the Background Check
Once submitted, the FDLE retrieves criminal history information from multiple databases:
🔹 Florida Crime Information Center (FCIC) – Statewide criminal records.
🔹 National Crime Information Center (NCIC) – FBI’s national database for criminal records.
🔹 Integrated Automated Fingerprint Identification System (IAFIS) – Biometric-based identification.
🔹 National Instant Criminal Background Check System (NICS) – Used specifically for firearm purchases.
What Information is Evaluated in an FDLE Background Check?
FDLE background checks examine various records to determine if an individual has a criminal history or other relevant factors.
1. Criminal History Records
One of the primary purposes of an FDLE background check is to identify any criminal offenses, including:
- Arrest records (whether charges were dropped or not)
- Misdemeanors and felonies
- Pending charges
- Convictions and sentencing details
- Probation and parole history
- Outstanding warrants
2. Fingerprint Analysis (For Level 2 Checks)
For high-security positions, fingerprints are cross-referenced with state and federal databases to ensure identity verification and prevent fraudulent activity.
3. Warrants and Pending Cases
FDLE background checks also reveal active warrants, which could disqualify an applicant from jobs or firearm purchases.
4. Sex Offender Registry Search
For jobs in childcare, education, and healthcare, employers check the Florida Sex Offender Registry to ensure applicants do not have a history of sexual offenses.
5. Employment and Professional Licensing History
Certain background checks may include a review of:
- Previous employment verification.
- Professional licenses (whether valid, expired, or revoked).
- Disciplinary actions taken against a person’s professional license.
6. Credit and Financial History (For Specific Roles)
While not included in standard FDLE criminal history checks, some employers and landlords request additional credit reports to assess financial responsibility, especially for:
- Banking and finance jobs.
- Positions that handle large amounts of money.
- Rental and leasing agreements.
7. Firearm Purchase Eligibility
For gun purchases, FDLE background checks ensure that buyers do not fall into these prohibited categories:
🚫 Convicted felons (unless rights have been restored).
🚫 Individuals with restraining orders.
🚫 Those convicted of domestic violence.
🚫 Individuals with documented mental health issues preventing firearm ownership.
How Long Does an FDLE Background Check Take?
Processing times vary depending on the type of background check requested. Below is a general timeline:
| Type of FDLE Background Check | Processing Time |
|---|---|
| Level 1 Background Check | Instant to 1 business day |
| Level 2 Background Check (Fingerprint-Based) | 3-5 business days |
| Firearm Purchase Background Check | Instant (up to 3 days if delayed) |
| Personal Review Background Check | 5-7 business days |
| Professional Licensing Check | 3-7 business days |
Note: Delays may occur if additional verification is needed, such as when records require manual review or if there are errors in submitted information.
How Precise Hire Helps Streamline FDLE Background Checks
At Precise Hire, we specialize in providing fast, accurate, and compliant background checks for businesses and individuals. Whether you need a pre-employment screening, a firearm background check, or a criminal history review, our team ensures that you receive reliable and legally compliant results.
Why Choose Precise Hire?
✔ FDLE-Compliant Background Checks – We follow all Florida laws and regulations.
✔ Fast Turnaround Times – Our advanced screening methods minimize delays.
✔ Accurate & Reliable Reports – We ensure you get complete, up-to-date information.
✔ Comprehensive Screening Solutions – From criminal history to employment verification.
✔ Dedicated Customer Support – Our team assists with any questions or concerns.
By working with Precise Hire, you can save time, ensure compliance, and make informed hiring or rental decisions with confidence.
Legal Considerations for FDLE Background Checks
1. Florida State Laws Governing Background Checks
The Florida Department of Law Enforcement (FDLE) operates under various state laws that regulate the use and disclosure of background check information. Some important legal aspects include:
- Florida Statutes Chapter 943 – Governs FDLE’s role in conducting criminal history background checks.
- Florida Public Records Law (Chapter 119, F.S.) – Determines which criminal records are public and which are restricted.
- Firearm Purchase Background Checks (Florida Statute 790.065) – Outlines the requirements for firearm dealers to request background checks before selling guns.
2. Fair Credit Reporting Act (FCRA) Compliance
The Fair Credit Reporting Act (FCRA) is a federal law that protects individuals from unfair or inaccurate reporting in background checks. Under FCRA:
✅ Employers must obtain written consent from applicants before running a background check.
✅ If an employer decides to deny a job offer based on a background check, they must provide an adverse action notice.
✅ Individuals have the right to dispute any incorrect information in their background check report.
3. The Fair Housing Act (For Rental Background Checks)
For landlords conducting FDLE background checks on potential tenants, the Fair Housing Act (FHA) prohibits discrimination based on:
🚫 Race, color, religion, sex, disability, familial status, or national origin.
🚫 Blanket policies that automatically reject tenants with criminal records (must be reviewed on a case-by-case basis).
Landlords must ensure they apply background check policies consistently for all applicants to avoid legal consequences.
4. Employer Obligations Under Florida Law
Employers using FDLE background checks must follow state and federal employment laws, including:
- Ban the Box Laws – While Florida does not have a statewide law banning criminal history questions on job applications, certain counties and cities restrict employers from asking about criminal records until later in the hiring process.
- Equal Employment Opportunity Commission (EEOC) Guidelines – Employers must consider how past criminal offenses relate to the job role rather than automatically disqualifying candidates.
5. National Instant Criminal Background Check System (NICS) & Firearm Purchases
The FDLE Firearm Purchase Program (FPP) works alongside the National Instant Criminal Background Check System (NICS) to prevent prohibited individuals from buying firearms. Under federal law, a person cannot purchase a firearm if they:
🚫 Have been convicted of a felony.
🚫 Have a restraining order for domestic violence.
🚫 Are legally declared mentally incompetent.
🚫 Are a fugitive from justice.
The three-day waiting period for firearm background checks applies when additional review is required.
Frequently Asked Questions (FAQs) About FDLE Background Checks
How long does an FDLE background check take?
- Level 1 Background Checks (Name-Based) – Instant to 1 business day.
- Level 2 Background Checks (Fingerprint-Based) – 3-5 business days.
- Firearm Purchase Checks – Instant (up to 3 days if further review is needed).
- Professional Licensing Checks – 3-7 business days.
What happens if an FDLE background check reveals a criminal record?
- If a job applicant has a criminal record, the employer must consider whether the offense directly impacts the job role before making a hiring decision.
- If a firearm buyer has a disqualifying record, the sale will be denied.
- If a tenant screening reveals a criminal history, landlords must ensure they comply with Fair Housing laws when making rental decisions.
Can I dispute incorrect information in an FDLE background check?
Yes. If an FDLE background check contains inaccurate records, individuals can:
✅ Request a correction through FDLE’s Criminal History Information (CHI) system.
✅ Submit supporting documentation proving the error (e.g., court records, expungement certificates).
✅ File a dispute with the background check provider if an employer or landlord obtained the report through a third party.
Are all FDLE background checks public record?
Not necessarily. Certain criminal history records are public, but others are restricted, including:
- Sealed or expunged records (not accessible to the public).
- Juvenile records (restricted in most cases).
- Non-conviction arrest records (accessibility depends on Florida’s laws).
Employers and landlords must use legally approved channels to obtain background check information.
How can I prepare for an FDLE background check?
Before undergoing an FDLE background check, you can:
✔ Review your own criminal record through FDLE’s online system.
✔ Check your credit report (if applying for financial jobs or rentals).
✔ Ensure all past convictions are accurately recorded (request expungement if eligible).
✔ Inform potential employers or landlords about any past issues that may appear on the report.
How long does an FDLE background check take?
- Level 1 Background Checks (Name-Based) – Instant to 1 business day.
- Level 2 Background Checks (Fingerprint-Based) – 3-5 business days.
- Firearm Purchase Checks – Instant (up to 3 days if further review is needed).
- Professional Licensing Checks – 3-7 business days.
What happens if an FDLE background check reveals a criminal record?
- If a job applicant has a criminal record, the employer must consider whether the offense directly impacts the job role before making a hiring decision.
- If a firearm buyer has a disqualifying record, the sale will be denied.
- If a tenant screening reveals a criminal history, landlords must ensure they comply with Fair Housing laws when making rental decisions.
Can I dispute incorrect information in an FDLE background check?
Yes. If an FDLE background check contains inaccurate records, individuals can:
✅ Request a correction through FDLE’s Criminal History Information (CHI) system.
✅ Submit supporting documentation proving the error (e.g., court records, expungement certificates).
✅ File a dispute with the background check provider if an employer or landlord obtained the report through a third party.
Are all FDLE background checks public record?
Not necessarily. Certain criminal history records are public, but others are restricted, including:
- Sealed or expunged records (not accessible to the public).
- Juvenile records (restricted in most cases).
- Non-conviction arrest records (accessibility depends on Florida’s laws).
Employers and landlords must use legally approved channels to obtain background check information.
How can I prepare for an FDLE background check?
Before undergoing an FDLE background check, you can:
✔ Review your own criminal record through FDLE’s online system.
✔ Check your credit report (if applying for financial jobs or rentals).
✔ Ensure all past convictions are accurately recorded (request expungement if eligible).
✔ Inform potential employers or landlords about any past issues that may appear on the report.
Conclusion: The Importance of FDLE Background Checks
An FDLE Background Check plays a crucial role in employment, housing, firearm purchases, and public safety in Florida. Whether you’re an employer, landlord, or individual, understanding the process, legal requirements, and potential red flags can help ensure a smooth and compliant screening experience.
✅ Employers should follow FCRA and EEOC guidelines when making hiring decisions based on background checks.
✅ Landlords must comply with Fair Housing laws to prevent discriminatory practices.
✅ Gun dealers need to use FDLE and NICS checks to ensure safe and lawful firearm sales.
✅ Individuals should be aware of their rights to dispute incorrect background check information.
At Precise Hire, we offer fast, accurate, and legally compliant background check services, helping businesses and individuals navigate the FDLE screening process with confidence.
