1. What is the difference between the National Child Protection Act (NCPA) and the Volunteers for Children Act?
Names you may hear that refer to the same federal law and its amendment are as follows: the National Child Protection Act, the Foley Act, and the Volunteers for Children Act. These laws are sometimes named for sponsors or persons who supported the new laws or amendments. For the purposes of the available criminal history information, these different names refer to the same basic law. Section 943.0542 of the 1999 Florida Statutes was enacted to implement this federal legislation.
2. On what legislation is the VECHS program based?
The Florida Department of Law Enforcement initiated the VECHS program in 1999, after the Florida Legislature enacted section 943.0542 of the Florida Statutes (1999). This statute is based upon the National Child Protection Act (NCPA), as amended. The federal guidelines for the NCPA offer further interpretations of the NCPA, along with mandates for states that choose to implement corresponding legislation and programs. The federal guidelines apply to the interpretation of our legislation in Florida, and therefore, to the implementation of the VECHS program.
Although FDLE desires to offer the broadest services and protection available under the authorizing legislation, we are not permitted to expand the parameters of the governing laws.
3. What is a “qualified entity”? Who can obtain criminal history record checks under the NCPA and section 943.0542, Florida Statutes?
To be qualified to participate in the VECHS program, an entity must provide some type of “care” or “care placement services” for children, the elderly, or the disabled, even if only as a limited part of the entity’s overall business. Once qualified to participate in the program, an entity may request criminal history information on all current and prospective employees and volunteers, not only those who work with vulnerable persons. A qualified entity may also request criminal history information on employees or volunteers who have or who seek to have unsupervised access to the populations described above.
“Qualified entities” are authorized to obtain criminal history record information as described under the NCPA and related federal guidelines. Under the NCPA and our Florida statute, a “qualified entity” is a business or organization, whether public, private, for profit, not-for-profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services. “Care” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.
4. If I am now required to only obtain state criminal history record checks, can I request the additional national check through the VECHS program?
This program does not apply to those entities or persons currently required to have criminal history record checks under other statutory provisions. These entities and persons should continue to follow the statutory mandates that specifically apply to them. One exception to this might be for entities now required to obtain only state record checks on some or all of their employees or volunteers. If these entities wish to also obtain national record checks on the same employees or volunteers, the VECHS program may be able to assist by processing their required state checks, along with the national checks, through one system.
If an entity is required to obtain state and national checks on only specific types of employees or volunteers, the VECHS program may be able to process requests for state and national checks on the entity’s other employees or volunteers.
5. Who are considered “children, the elderly, or individuals with disabilities” under the applicable laws and the VECHS program?
The term “child” means any unmarried person under 18 years of age, who has not been emancipated by order of the court. An “elderly person” is a person who is 60 years of age or older. “Individuals with disabilities” are persons with a mental or physical impairment who require assistance to perform one or more daily living tasks.
6. How can my organization become a qualified entity?
If you believe your business or organization meets the criteria of a “qualified entity”, you may download and complete a copy of the Qualified Entity Application and the User Agreement from http://www.fdle.state.fl.us/content/getdoc/9023f5ac-2c0c-465c-995c-f949db57d0dd/VECHS.aspx. Or you may contact the VECHS Unit at the Florida Department of Law Enforcement at (850) 410-VECHS (850-410-8324), to request a copy of each document be mailed to you.
Your next step would be to complete the application, explaining what functions the entity performs that would serve children, elderly or disabled persons, and whether the requests for criminal history records would be for your entity’s employees or volunteers. You would then have an authorized representative of the entity sign the User Agreement, stating that your entity will abide by all laws, regulations, and instructions pertaining to this program, particularly that your entity will use the criminal history information supplied through the program only to screen your entity’s employees and volunteers.
When you have completed the Qualified Entity Application and User Agreement and obtained the necessary signatures from a representative of your entity, you will need to send the originals of both documents to the VECHS Unit. We will accept an initial faxed copy of both documents, to expedite the qualifying process. However, prior to forwarding fingerprint cards to your entity or processing any requests for criminal history record checks, we will need the original, signed application and agreement from your entity.
7. What happens once I submit my Qualified Entity Application and User Agreement?
FDLE staff will review the application. If it is determined that your organization meets the requirements, FDLE will provide you with:
•Instructions regarding how to submit the fingerprint cards and payments for the criminal history information.
•Fingerprint cards on which the employees or volunteers will have their fingerprints rolled.
•A Waiver form must be signed by the employee or volunteer.
8. If my entity is governmental and we currently obtain some state and national checks for certain employees, can we use our current ORI number to receive state and national criminal history checks on other employees or volunteers through the VECHS program?
No, you may not use any ORI Number you have been assigned previously to process your requests for record checks through the VECHS Program. Upon your approval to participate in the VECHS program, depending upon the volume of fingerprint cards you predict you will need, FDLE will either provide you with fingerprint cards preprinted with the VECHS Program ORI Number, or we will request the FBI to issue your agency a new ORI number and to mail you new fingerprint cards preprinted with this new number for your use with the VECHS Program.
9. If my organization is approved to participate in the VECHS program, will my organization be required to obtain criminal history record checks on my current or prospective employees and volunteers?
Participation in the VECHS program is strictly voluntary for those organizations that are not otherwise required to obtain criminal history record checks on their employees and volunteers. The NCPA does not replace the existing Florida statutes that mandate state and national criminal history record checks for employees of specified caretaker programs, which include, but are not limited to the following: school district instructional and non-instructional personnel; nursing home administrators and financial officers; and child care, substance abuse, mental health, and developmental service programs. If your organization is presently required to obtain criminal history checks on employees and/or volunteers, you must continue to do so under the applicable Florida law.
10. Is there a fee for this service?
Yes. There are both State and National fees associated with conducting background checks through VECHS. Electronic Fingerprint Submission by IDENTICO LLC is rated as $47.25 for volunteers and $54.25 for employees. Screening is made on live scan equipment.
11. What will I receive when I submit the request for criminal history check
If FDLE qualifies your entity to participate in the VECHS program, and your entity submits authorized requests and payment for criminal history record information to FDLE, FDLE/the FBI will provide either of the following to your entity, for each criminal history record request:
a) a notification that the individual as described the fingerprint card does not have a criminal history record; or
b) a copy of the individual’s criminal history record. In addition, FDLE will advise the entity if the individual is subject to a Florida warrant for arrest or a Florida Domestic Violence injunction and what agency has the warrant for injunction.
12. How long will it take me to get the results?
The NCPA requires FDLE and the FBI to make a reasonable effort to return your criminal history information within 15 business days. This does not include mail time. Currently, FDLE processes Florida record checks within approximately five or less business days from the date appropriate requests for criminal history record checks and payments are received. FDLE is constantly exploring alternative ways to reduce this turnaround time. Errors on the fingerprint cards or in the amount of the payment may require additional time to process the requests or may require the requests to be returned to your correction.
FDLE is able to obtain both state and national responses more quickly if the fingerprints are submitted in an automated form from a live scan device. These devices are expected to become more and more available to applicants over the next few years. They allow for the fingerprints to be sent immediately to FDLE. The FDLE and the FBI processing are completed in about three working days, at which time the customer can retrieve state and national results on the applicant.
13. How should my organization use the results of our requests for criminal history records check?
You will need to review the information to determine if there is any reason that the employee or volunteer should not be allowed to work with children, the elderly, or the disabled. If no criminal history record is found, you should not necessarily assume that there are no risks to employing or using the volunteer services of the individual. Simply stated, “no record” means that he or she does not have an arrest or conviction known to FDLE or the FBI. Other recommended practices would include checking former places of employment, conducting neighborhood interviews, obtaining information from local law enforcement agencies, and asking for more information from individual.
If the employee or volunteer has a criminal record, you should evaluate whether the individual should be permitted contact with children, the elderly, or the disabled. Neither the National Child Protection Act nor Florida law governing the VECHS program defines specific criteria to use during this evaluation of an entity’s employee or volunteer. Therefore, FDLE does not set specific criteria either.
Background screening by your organization may already be covered under other statutory provisions. Your organization will need to comply with all required screening criteria under these laws. If these laws apply to you, and if your organization should decide to disqualify an individual during the screening process the employee or volunteer may have a right to contest or request an exemption from the disqualification. Please consult with your legal representative for more advice on these provisions and how they apply to your organization.
The U.S. Department of Justice has published a document that might be helpful to your organization as you screen your current and prospective employees and volunteers: Guidelines for the Screening of Persons Working with Children, the Elderly, and Individuals with Disabilities in need of support. (April 1998).
Juvenile Justice Clearinghouse (NCJRS)
P. O. Box 6000
Rockville, MD 20849-6000
Fax-on-Demand: 1-800-638-8736 (restrictions apply)
You may also exchange the results of your state and national criminal history record checks with those of other qualified entities, if the employee or volunteer has agreed to this in the Waiver form signed at the time of fingerprinting, and if youfollow specific procedures in recording the exchange of the information. This exchange of information, depending on its timeliness, may assist you and other qualified entities in reducing the costs of criminal history records checks on the same persons. It may also assist all qualified entities in screening out those employees or volunteers who should not be in contact with vulnerable individuals.
14. Can I get information from other qualified entities if they have already checked my employees and volunteers?
You may obtain criminal history information from other qualified entities, if the employee or volunteer agreed to this on the Waiver form required to be signed when he/she was fingerprinted, and if the transfer of information is recorded by the other qualified entity on its Dissemination Log. The restrictions on this process described in the User Agreement qualified entities must sign.
15. For what period of time should I rely on the criminal history record that I received on employee or volunteer?
The criminal history repository is a dynamic file with new arrests added daily and changes frequently. Currency of information is critical because the qualified entities will want to know about all arrests, no matter how recent. On the practical side, however, the qualified entities will not be able to request the criminal history information daily. Each qualified entity will have to determine how frequently its employees or volunteers need to be checked. The qualified entity will also need to determine whether criminal history information available from another qualified entity is too old to use for its screening purposes.
16. What if there is no disposition in the criminal history record showing what happened in court?
When the court disposition of a Florida arrest is sent to FDLE, it is added to the criminal history record. If there is an arrest in the Florida criminal history record of the employee or volunteer that does not reflect a court disposition, FDLE will not have any further information on that specific arrest. The qualified entity may determine if the nature of the arrest is something that it would be concerned about if the employee or volunteer were convicted. If the court disposition is important, the qualified entity may call the Clerk of Court in the county where the arrest took place. The Clerk will retrieve and provide the court disposition if one is available. There may be a charge for this service depending on which county you contact. FDLE has a list of phone numbers for Florida Clerk of Court. This will be provided to qualified entities.
When the court disposition on an arrest from another state is missing, the same process can be followed. FDLE, however, does not have a listing for all of the Clerks of Court or their equivalent in other states. If the qualified entity needs the court disposition in these cases, it will be necessary to work with the repository in the state of arrest or contact the court which heard the case.
17. Why aren’t sealed and expunged data returned to VECHS entities?
Florida law restricts the dissemination of sealed and expunged data to agencies and purposes outlined in the law itself. See s. 943.0585 (4)(a), Florida Statutes for more details.
18. Is it possible that VECHS agencies will be able to access criminal history records with terminals connected directly to FDLE?
VECHS entities are allowed to access criminal record information only after the submission of descriptive and fingerprint information on the employee or volunteer. There is no direct terminal access for this access. However, VECHS entities can submit the data from a “livescan” device which transfers the data electronically to FDLE and allows the electronic transfer of results in two or three working days.
19. Can I contact my local law enforcement to do VECHS check?
Law enforcement agencies are not authorized to conduct searches for VECHS entities through the Florida Crime Information Center. If they do so, the agency could be cut off and not allowed to access state or national criminal information systems. Local agencies may provide data from local systems. The only authorized way for the VECHS entity to obtain state or national criminal information is through the submission of fingerprint card or through approved live scan vendors.
20. How often will VECHS audits be performed?
There is not a scheduled time for VECHS audits. They will be scheduled periodically and a sample of agencies will be audited. Some audits may be conducted via a telephone interview, a letter asking specific questions or an on-site audit. When questions arise regarding the confidentiality or the security of information from a specific qualified entity, FDLE may conduct an audit of the entity to ensure the all provision in the user agreement are being enforced.
21. If I deny a person the opportunity to volunteer with or be employed by the qualified entity, may I give a copy of the FDLE and FBI criminal record to this applicant? What if the applicant indicated that record is incorrect?
If a person challenges his or her opportunity to volunteer or be employed, and the reason for the decision was based on criminal history results, the person can be shown the criminal history record after ensuring the identity of the requestor. If the challenge results in civil litigation, a copy of the record can be provided for the purpose of a hearing, but cannot be part of any record or file available to the public.
If the person believes his or her criminal record is in error, he or she may contact FDLE in correcting the record.
22. Does FDLE maintain the records of all arrests, including Notices to appear and direct files?
FDLE’s criminal record repository contains information on all arrested persons in Florida where the arresting agency submitted a fingerprint at the time of the arrest. For the most part, this means that all felony and serious misdemeanor arrests are available. However, if there was not an arrest but, rather, a Notice to Appear was issued or the State Attorney issued a Direct File, this information would not be “fingerprint based” and therefore not be contained in the criminal repository.
23. Does FDLE maintain a record of all criminal history records in the nation or just for the state of Florida?
The FDLE repository contains Florida arrest information only. Arrests by the federal government or another state are not included in the Florida repository. VECHS customers are eligible for the out-of-state criminal record information and will be provided it either directly from FBI or FDLE.
24. May VECHS fingerprints be submitted electronically from livescan device?
Live scan devices allow for fingerprint information to be sent to FDLE electronically which speeds up the entire process. The descriptive data on the applicant as well as the fingerprints are sent in electronically to FDLE. The state and national criminal record search results are packaged together for each applicant and are made available to the regulatory agency within two to three working days.
In recent years, the demand for fingerprint-based background checks for noncriminal justice purposes has increased. Fingerprinting agencies and contractors alike have expressed concern that applicants with a criminal history record may have someone pose as the applicant for fingerprinting purposes. In response to these concerns, the FBI prepared guidelines for voluntary use in the development of policy, procedures, and practices for applicant identity verification. As FDLE approved Live Scan vendor IDENTICO LLC had implemented the majority of guidelines in our operation policies.
1. Since the Florida state repository (FDLE) manages the processing of fingerprint submissions to the FBI, we have ascertained that appropriate coordination and liaison with FDLE is established at that level as a preliminary step toward an applicant identity verification program.
2. Each of our fingerprinting technicians went through extensive 2 week long training in the capture of fingerprints (rolled or flats, and electronic or manual)
3. Each of our fingerprinting technicians went through extensive 2 week long training before performing duties under the scope of the identity verification program, which may include recognizing and validating authorized identification forms, identification documents, and source documents for identity confirmation. Special training is intended for employees to learn how to recognize fraudulent or counterfeit documents.
4. IDENTICO accepts only current and valid picture identification documents. As a primary form of picture identification, a state-issued driver’s license which meets the requirements of Public Law 109-13 may be presented by an applicant when being fingerprinted. However, in the absence of the driver’s license, for those applicants without a driver’s license, a state identification card may be presented if the state’s identification card standards are the same as for the driver’s license.
Applicants may provide one or more secondary documents including:
• State Government Issued Certificate of Birth
• U.S. Active Duty/Retiree/Reservist Military Identification Card (000 10-2)
• U.S. Passport
• Federal Government Personal Identity Verification Card (PIV)
• Department of Defense Common Access Card
• U.S. Tribal or Bureau of Indian Affairs Identification Card
• Social Security Card (Required by most regulating Florida State agencies for submission)
• Court Order for Name Change/Gender Change/Adoption/Divorce
• Marriage Certificate (Government Certificate Issued)
• U.S. Government Issued Consular Report of Birth Abroad
• Foreign Passport with Appropriate Immigration Document(s)
• Certificate of Citizenship (N560)
• Certificate of Naturalization (N550)
• INS I-551 Resident Alien Card Issued Since 1997
• INS 1-688 Temporary Resident Identification Card
• INS I-688B, I-766 Employment Authorization Card
When validating the authenticity of secondary identification documents and forms, the data and information may be supported by at least two of the following:
• Utility Bill (Address)
• Jurisdictional Voter Registration Card
• Vehicle Registration Card/Title
• Paycheck Stub with Name/Address
• Jurisdictional Public Assistance Card
• Spouse/Parent Affidavit
• Canceled Check or Bank Statement
• Mortgage Documents
When supplemental documentation does not support the validation of the original identification documents, IDENTICO may choose any or all of the following methods to validate the authenticity of the documents:
Physically examine the applicant’s photograph on the identification form/card. Visually compare the picture with the applicant in person.Compare the physical descriptors of the applicant to the documentation provided by the applicant. (i.e. height, weight, hair and eye color, age, etc.)
Request the applicant to verbally provide date of birth,address, etc. and check this against the identification forms used.
Check the applicant’s signature in person with that on the identification form.
Ensure that the identification form has not been altered in any manner.
Verify that the ID swipe machine readable data matches the data on the card when it is scanned.
5. When IDENTICO has a reason to believe an applicant has presented fraudulent information, we do not provide any services and ask applicants to contact local law enforcement agencies for assistance.
6. IDENTICO has implemented the form(s), which includes the following data provided by applicant:
a. Date of fingerprinting
b. Reason for fingerprinting
c. Printed name and signature of the applicant
d. Applicant’s employment information
e. ORI# and OCA# numbers of agency to receive fingerprints
f. Name of agency and physical address where fingerprinting was performed
g. Type of fingerprint capture (rolled ink, flat ink, live scan, etc.)
h. Applicant’s disclosure information
If you have any concerns, regarding our policies or service procedures, feel free to contact us anytime before visiting. We will gladly answer to all calls received at (954) 239-8590, and emails sent to firstname.lastname@example.org. Our goal is to be compassionate and to understand each client’s needs, however our ID recognition and authentication policies are intended for public safety and fully compliant with state and federal laws.
The team of IDENTICO LLC.
The Level 2 Background Screening for Florida Mold Remediation License is required by F.S. 468.84
The Legislature finds it necessary in the interest of the public safety and welfare, to prevent damage to real and personal property, to avert economic injury to the residents of this state, and to regulate persons and companies that hold themselves out to the public as qualified to perform mold-related services.
The statute states:
F.S. 468.8413— Mold Remediation License Applicant Background Screening
(6) An applicant for a license shall submit, together with the application, a complete set of electronic fingerprints to the department of business and professional regulation. The DBPR shall submit the fingerprints to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward them to the Federal Bureau of Investigation for national processing, to determine whether the applicant has a criminal history record. The department shall review the background results to determine if an applicant meets licensure requirements. The applicant is responsible for the costs associated with processing the fingerprints. The authorized agencies or vendors shall collect such fees and pay for the processing costs due to the Department of Law Enforcement.
As you see, the Mold Remediation Services Licensing is regulated by Florida Department of Business and Professional Regulation. In order to get fingerprinted as part of your Mold Remediation Licensing application please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, and we transmit your fingerprints for FBI Level 2 Background Check and DBPR will get the results of screening in as less as 72 hours. The cost of screening is $54.25. Visit our official website www.myidentico.com or call us today (954) 239-8590. We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.
The Level 2 Background Screening for Talent agent and Athlete agent Licensees in Florida is required by F.S. 468.403 (3) and F.S.468.453(2)(d).
“Talent agency” means any person who, for compensation, engages in the occupation or business of procuring or attempting to procure engagements for an artist and the background screening requirements are defined as:
F.S. 468.403 (3)(a) Each owner of a talent agency if other than a corporation and each operator of a talent agency shall submit to the department with the application for licensure of the agency a full set of fingerprints and a photograph of herself or himself taken within the preceding 2 years. The department shall conduct an examination of fingerprint records and police records.
(b) Each owner of a talent agency that is a corporation shall submit to the department, with the application for licensure of the agency, a full set of fingerprints of the principal officer signing the application form and the bond form, and a full set of fingerprints of each operator, and a photograph of each taken within the preceding 2 years. The department shall conduct an examination of fingerprint records and police records.
“Athlete agent” means a person who, directly or indirectly, recruits or solicits a student athlete to enter into an agent contract, or who, for any type of financial gain, procures, offers, promises, or attempts to obtain employment or promotional fees or benefits for a student athlete with a professional sports team or as a professional athlete, or with any promoter who markets or attempts to market the student athlete’s athletic ability or athletic reputation. This term includes all employees and other persons acting on behalf of an athlete agent who participate in the activities included under this subsection. The term does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual acting solely on behalf of a professional sports team or professional sports organization.
The statutory background screening requirements for Athlete Agents are defined as follows:
A person shall be licensed as an athlete agent if the applicant has submitted to the department a fingerprint card for a criminal history records check. The fingerprint card shall be forwarded to the Division of Criminal Justice Information Systems within the Department of Law Enforcement for purposes of processing the fingerprint card to determine if the applicant has a criminal history record. The fingerprint card shall also be forwarded to the Federal Bureau of Investigation for purposes of processing the fingerprint card to determine if the applicant has a criminal history record. The information obtained by the processing of the fingerprint card by the Florida Department of Law Enforcement and the Federal Bureau of Investigation shall be sent to the Department of Business and Professional Regulation for the purpose of determining if the applicant is statutorily qualified for licensure.
Licensing of both Athlete and Talent Agents is regulated by Florida DBPR. In order to get fingerprinted as part of your Talent or Athlete Agent Licensing application please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, and we electronically transmit your fingerprints for FBI Level 2 Background Check so DBPR gets the results of screening in as less as 72 hours. The cost of screening is $54.25. Visit our official website www.myidentico.com or call us today (954) 239-8590.
We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.
The Level 2 Background Screening and digital fingerprinting is required as part of application for:
Florida Roofing Contractor License
Florida Sheet Metal Contractor License
Florida General Contractor License
Florida Air-Conditioning Contractor License
Florida Mechanical Contractor License
Florida Pool Contractor License
Florida Plumbing Contractor License
Florida Underground Utility and Excavation Contractor License
According to F.S. 489.107
489.107 Construction Industry Licensing Board
(6) An applicant for initial issuance of a certificate or registration shall submit to a statewide criminal history records check through the Department of Law Enforcement. The Department of Business and Professional Regulation shall submit the requests for the criminal history records check to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall return the results to the department to determine if the applicant meets certification or registration requirements. If the applicant has been convicted of a felony, the board may deny licensure to the applicant based upon the severity of the crime, the relationship of the crime to contracting, or the potential for public harm. The board shall also, in denying or approving licensure, consider the length of time since the commission of the crime and the rehabilitation of the applicant. The board may not deny licensure to an applicant based solely upon a felony conviction or the applicant’s failure to provide proof of restoration of civil rights.
(9) An initial applicant shall submit, along with the application, a complete set of fingerprints to the department. The fingerprints shall be submitted to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward them to the Federal Bureau of Investigation for national processing for the purpose of determining if the applicant has a criminal history record. The department shall and the board may review the background results to determine if an applicant meets licensure requirements. The cost for the fingerprint processing shall be borne by the person subject to the background screening. These fees are to be collected by the authorized agencies or vendors. The authorized agencies or vendors are responsible for paying the processing costs to the Department of Law Enforcement.
The Construction Industry licensing is regulated by Florida Department of Business and Professional Regulation. In order to get fingerprinted as part of your contractor license application please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, we transmit your fingerprints for FBI Level 2 Background Check and DBPR gets the results of screening in as less as 72 hours. The cost of screening is $54.25. Visit our official website www.myidentico.com or call us today (954) 239-8590. We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.
Numerous individuals who we served had the same set of questions asking whether Level 2 Background Screening will reveal applicants’ sealed or expunged criminal history to regulatory or licensing state agencies. Just to make the subject more detailed we decided to post the basic information about sealed and expunged records in Florida, as well as the list of agencies which will actually receive these historical records.
Why do I have a criminal history record when the charges against me were dropped/dismissed?
The Florida Legislature has determined that Florida criminal history records are public unless the record is sealed or expunged. See Section 943.053(3), Florida Statutes, which provides for public access to criminal history records. The term “criminal history information” is defined, tracking the federal definition, at Section 943.045(4), Florida Statutes. A criminal history record is created when a person is arrested and fingerprinted, and includes the disposition of that arrest, whether it is a conviction, acquittal, dismissal of charges before trial, or other disposition.
What is the difference between having a criminal history record sealed vs. expunged?
When a criminal history record is sealed, the public will not have access to it. Certain governmental or related entities, primarily those listed in s. 943.059(4)(a), Florida Statutes, have access to sealed record information in its entirety.
When a record has been expunged, those entities which would have access to a sealed record will be informed that the subject of the record has had a record expunged, but would not have access to the record itself without a court order. Such entities would receive only a caveat statement indicating that “Criminal Information has been Expunged from this Record”.
Exclusion for Certain State Agencies to Receive Sealed or Expunged records as part of Level 1 or Level 2 Screening
The subject of a criminal history record sealed under this section or under other provisions of law, including former s.893.14, former s.901.33, and former s.943.058, may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record:
- Is a candidate for employment with a criminal justice agency;
- Is a defendant in a criminal prosecution;
- Concurrently or subsequently petitions for relief under s.943.0585 or s.943.059;
- Is a candidate for admission to The Florida Bar;
- Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services (DCF), the Agency for Health Care Administration (AHCA), the Agency for Persons with Disabilities (APD), or the Department of Juvenile Justice (DJJ) or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly as provided in s.110.1127(3), s.393.063, s.394.4572(1), s.397.451, s.402.302(3), s.402.313(3), s.409.175(2)(i), s.415.102(4), chapter 916, s. 985.644, chapter 400, or chapter 429;
- Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities; or
- Is seeking authorization from a Florida seaport identified in s.311.09 F.S. for employment within or access to one or more of such seaports pursuant to s.311.12 F.S. or s.311.125 F.S.
- Is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is the subject to a criminal history background check under state or federal law.
IDENTICO LLC is FDLE authorized Live Scan vendor serving South Florida. With any question related to Level 2 background screening please call us at (954) 239-8590 or visit us online at www.myidentico.com for more information. Visit our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021 for all fingerprinting, background screening or drug testing needs.
The Level 2 Background Screening for Florida Real Estate Broker License, Florida Real Estate Sales Associate License, Florida Real Estate Agent License, Real Estate School administrators and Real Estate Appraisers license in Florida in mandated through F.S. 475.175. The statute says:
(1) A person shall be entitled to take the license examination to practice in this state if the person:
(a) Submits to the department the appropriate signed or electronically authenticated application, digital fingerprint data, and fee. The digital fingerprints shall be forwarded to the Division of Criminal Justice Information Systems within the Department of Law Enforcement for purposes of processing the fingerprints to determine if the applicant has a criminal history record. The fingerprints shall also be forwarded to the Federal Bureau of Investigation for purposes of processing the fingerprints to determine if the applicant has a criminal history record. The information obtained by the processing of the fingerprints by the Department of Law Enforcement and the Federal Bureau of Investigation shall be sent to the department for the purpose of determining if the applicant is statutorily qualified for examination.
(b) Submits at the time of examination the certificate specified in subsection (2), the examination admissions authorization letter, and proof of identification.
(2) Each accredited college, university, community college, or registered real estate school shall notify the commission of the names of all persons who have satisfactorily completed the educational requirements provided for in s. 475.17(2), (3), and (4) in a manner prescribed by the commission. Furthermore, each such educational institution shall provide to each person satisfactorily completing the educational requirements provided for in s. 475.17(2), (3), and (4) a certificate as proof of such satisfactory completion.
The Real Estate licensing is regulated by Florida Department of Business and Professional Regulation. In order to get fingerprinted as part of your real estate license application please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, which transmits your fingerprints for FBI Level 2 Background Check and DBPR will get the results of screening in as less as 72 hours. The cost of screening is $54.25. Visit our official website www.myidentico.com or call us today (954) 239-8590. We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.
The Level 2 Background Screening for Florida Home Inspector License is required by F.S. 468.83
The Legislature recognizes that there is a need to require the licensing of home inspectors and to ensure that consumers of home inspection services can rely on the competence of home inspectors, as determined by educational and experience requirements and testing. Therefore, the Legislature deems it necessary in the interest of the public welfare to regulate home inspectors in this state.
The statute states:
F.S. 468.8313— Home Inspectors Background Screening
(6) An applicant for a home inspector license shall submit, together with the application, a complete set of electronic fingerprints to the department of business and professional regulation. The DBPR shall submit the fingerprints to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward them to the Federal Bureau of Investigation for national processing, to determine whether the applicant has a criminal history record. The department shall review the background results to determine if an applicant meets licensure requirements. The applicant is responsible for the costs associated with processing the fingerprints. The authorized agencies or vendors shall collect such fees and pay for the processing costs due to the Department of Law Enforcement.
As you see, the Home Inspector Licensing is regulated by Florida Department of Business and Professional Regulation. In order to get fingerprinted as part of your Home Inspector License application please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, and we transmit your fingerprints for FBI Level 2 Background Check and DBPR will get the results of screening in as less as 72 hours. The cost of screening is $54.25. Visit our official website www.myidentico.com or call us today (954) 239-8590. We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021 however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.