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Questions

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FDLE: Level 2 Background Check Questions

Florida Department of Law Enforcement (FDLE) Obtaining Criminal History Information

  • We provide our customers with AHCA quality photo submission.
  • Please bring with you two forms of state or federal photo identification.
  • Please bring the corresponding Florida State Agency ORI number
  • The Florida Department of Law Enforcement (FDLE), Division of Criminal Justice Information Services (CJIS), is the central repository for criminal history information for the state of Florida. In addition to maintaining criminal history information, it is our responsibility to provide public access to this information when requested.  In order to maintain the highest level of service, and to better meet the needs of criminal history record check customers, Florida’s Legislature has implemented criminal history record check fees.  The fee for public requests is $24.
  • State and national criminal history information is available to governmental agencies for licensing and employment as authorized under Florida law. For additional information, you may contact the agency that governs the type of employment in which you are interested. For example, if you are interested in working for an elementary school, you would contact the local school district; if you are interested in a concealed weapon permit, you would contact the Department of Agriculture & Consumer Services/Division of Licensing where this licensing occurs.

The term “background check” is often used interchangeably with “criminal history check” or “criminal history record check” which causes some confusion. Some companies use the phrase “background check” to include driver’s record, credit history, or interviews with neighbors and employers. From the Florida Department of Law Enforcement (FDLE) perspective, a background check is a criminal history record check to determine if a person has been arrested and/or convicted of a crime. For the purposes of this paper, it is a search of the following databases:

 

  • the Florida Computerized Criminal History (CCH) Central Repository for Florida arrests (State Check),
  • the Florida Computerized Criminal History Central Repository for Florida arrests AND the national criminal history database at the FBI for federal arrests and arrests from other states (State and National Check) and
  • the Florida Crime Information Center for warrants and domestic violence injunctions (Hot Files Check).
  • National criminal history record checks, as well as state checks, are based on the submission of fingerprints.

Level 1 and Level 2 Background Checks are terms used in Florida Statutes to convey the method of the criminal history record check and the extent of the data searched. However, the terms may also refer to certain disqualifying offenses if certain statutes are referenced. Level 1 and Level 2 are terms that pertain only to Florida and are not used by the FBI or other states. They are defined in Chapter 435, Florida Statutes (F.S.), but are used elsewhere in statute without definition and appear not to be associated with all of the provisions in Chapter 435, F.S.

  • Level 1 generally refers to a state only name based check AND an employment history check.
  • Level 2 generally refers to a state and national fingerprint based check and consideration of disqualifying offenses, and applies to those employees designated by law as holding positions of responsibility or trust. Section 435.04, F.S., mandates Level 2 security background investigations be conducted on employees, defined as individuals required by law to be fingerprinted pursuant to Chapter 435, F.S.
  • It should be noted that both the state and national criminal history databases can be searched for arrests, warrants, and other information pertaining to an individual. However, neither database has the capability of searching for specific offenses within an individual record.

State Check: May be obtained by submitting a name request or by submitting a fingerprint card.

National Check: The following must be in place, as required by the FBI, to receive a national criminal history record check:

A statute must exist as a result of a legislative enactment;

It must require the fingerprinting of applicants who are subject to a national criminal history record check;

It must expressly (“submit to the FBI”) or by implication (“submit for a national check”) authorize the use of FBI records for the screening of applicants;

It must identify the specific category(ies) of licensees/employees falling within its authority;

It must not be against public policy;

It may not authorize receipt of the criminal history record information by a private entity;

The recipient of the criminal history record check results must be a governmental entity;

The entity must sign a User Agreement indicating it will comply with the terms and conditions set forth in rule by the FBI; and

The fingerprint submission must be first processed through the state repository for a search of its records.

The ORI number (Originating Agency Identifier). This number is provided by FDLE and identifies the agency requesting the criminal history check and for what purpose.

The OCA (Controlling Agency Identifier). This number is provided by DCF and identifies the provider requesting the background check.

Without the ORI number and the OCA number, FDLE cannot process the request and will not know where the screening results are to be sent.

No. If the state and national fingerprint based criminal history record check is completed, the agency will be notified of all persons designated as sexual predators or offenders in Florida and in the national system.

No. The decision to conduct criminal history checks on volunteers remains a local decision, but schools are required by Florida law to check volunteers’ names against the state sex offender registry which is available via the Internet at no charge. If a school district chooses to perform state and national criminal history on volunteers, those checks MUST be conducted through the VECHS program and not through the regular submission method with other personnel fingerprints.

Additionally, Section 943.04351, F.S., requires checks of the sexual offender/predator registry for certain volunteers, appointees or employees.

FDLE does not have any requirements for rechecks. However, some employees are required by law or policy to have periodic state and/or national criminal history record checks through the regulatory or licensing agency. The recheck may be required at regular intervals as decided by legislative policy.

Yes. Pursuant to Section 768.096, F.S., in the case of an intentional tort, an employer is presumed not to have been negligent in hiring an employee if before hiring the employee, the employer conducted a background investigation of the prospective employee and the information did not reveal any information that reasonably demonstrated unsuitability of the prospective employee for the work to be performed or for general employment. The background investigation must include a criminal background investigation.

Sealed information is disseminated only to those agencies authorized by provisions in Section 943.059, F.S. Agencies not specified in the statutes are not provided sealed criminal history information.

Expunged criminal history information is not disseminated. However, a notification that a record has been expunged is provided to agencies consistent with provisions in Section 943.0585, F.S. Agencies not specified in the statutes are not provided the expunged notification.

Juvenile criminal history information, not sealed or expunged, is disseminated only when the subject was taken into custody for an offense that would be a felony if committed by an adult.

Hot File notifications consist of information that may not be part of the Computerized Criminal History (CCH) system. Some examples may include: warrants, domestic violence injunctions/protection orders, deported felons, missing persons, probation or supervision release status, career criminal offender, etc.

NOTE: A name search of this file is completed for each submitted transaction and any identified information is returned in the completed results as appropriate. The “hot file” information received is not based on a fingerprint comparison so it may or may not be the applicant. The agency that entered the information can be contacted to learn more about the record.

In addition, system generated notifications are sent to the appropriate criminal justice agency notifying them of the criminal history record check request. These messages will include information on the entity making the request as well as demographic data regarding the subject of the transaction. Hot File notifications are only provided to customers that submit their background checks to FDLE with fingerprint submissions or with name searches submitted directly to FDLE f or processing. CCH on the Internet submissions do not include a search of hot f iles from the CCH system. However, anyone may search FDLE’s Public Access System for wanted or missing persons at http://pas.fdle.state.fl.us.

Yes. FDLE has records the FBI does not have access to because they are not collected at the FBI.

Although generally state and national criminal history information may not be shared between agencies, exceptions apply only if the purposes of the criminal history record checks are the same and the agencies are both entitled to the same information. Thus, school districts may share criminal history information with other school districts because the checks are conducted for the same purpose and all districts receive the same data (for example, they receive sealed criminal history information). Likewise, a county health department could share with another county health department because criminal history record checks are conducted for the same purpose and they receive the same data.

Sharing of criminal history information is not allowed when it has been obtained for different purposes, even if the data received is the same. For example, criminal history information received by the Department of Financial Services for licensing insurance agents may not be shared with the Department of Agriculture and Consumer Services for licensing of security guards.

 

For those entities participating in the VECHS program, criminal history information sharing between VECHS entities is permitted in accordance with the User Agreement. Entities must contact the VECHS Unit at (850) 410-8324 for entity verification before sharing criminal history information.

Pursuant to federal law, regulatory and employing agencies may not share any information obtained from a state and national criminal history record check with a private entity. However, these agencies can indicate whether or not the person is eligible for licensing or employment based on their established criteria. Prior to being granted access to the records, authorized agencies must sign a Criminal Justice or Non-Criminal Justice User Agreement with FDLE agreeing to abide by state and federal law.

Non-governmental entities are not authorized to receive both state and national criminal history information under statutory licensing and employment provisions. The only time non-governmental entities are eligible to obtain national criminal history information is through the VECHS program, which is described in detail in the VECHS section below.

Section 943.051, F.S., established FDLE, Division of Criminal Justice Information Services, as the central repository of criminal history information for the state of Florida. Over one million arrests a year are added to the repository. Additionally, information such as warrants, domestic violence injunctions/protection orders, probation or supervision release status, sexual predator/offender, career criminal offender, etc. are added on a daily basis. Therefore, criminal history record check results are only accurate as of the date they were performed.

 

Civil Workflow Control System (CWCS) is an Application Used to Receive and Process Fingerprint Based Submissions for Criminal History Record Checks:

 

FDLE has established a five-step process to be completed when bringing any new civil applicant livescan into the agency’s internal computer processing environment.

my-fbi-report

My FBI Background Check – LiveScan Questions

An FBI Identity History Summary is a listing of certain information taken from fingerprint submissions kept by the FBI and related to arrests and, in some instances, federal employment, naturalization, or military service. The FBI Identity History Summary Check is often referred as Rap Sheet | Record Review or Personal Review |Criminal History Request. Only clients can request their own personal background record.

As related to CFR 28 Part 16, subpart C, and in accordance with an order dated September 24, 1973, the Attorney General of the United States directed that the FBI publish rules for the dissemination of arrest and conviction records, upon request, to the individual subjects of such records. In accordance, the FBI shall release copies of such records upon the submission of a written request, satisfactory proof of identity of the requesting individual, and a processing fee.

The FBI report you will receive is often referred to as a “Rap Sheet.” This detailed report will provide you with a complete listing of the information received and maintained by the FBI in connection with arrests. In addition, this account may include data connected with federal employment, naturalization, and/or military service. The data provided will contain the date and name of the agency from which the data was gathered. Criminal offense records will disclose the date of arrest or the date the individual was received by the submitting agency, the arrest charge(s), and the arrest disposition(s) if it is known.

Fingerprints can be captured and submitted electronically at a My FBI Report Preferred Live Scan Location. Electronic submissions eliminate the need to mail fingerprint cards, which may shorten the time it takes to receive your personal criminal history report.

You may also contact your local, county, or state law enforcement agency to schedule a fingerprinting appointment. Some live scan facilities also offer ink-rolling options. Be sure that your fingerprints are rolled by a trained technician. You may consider having two sets of prints ink-rolled, if the images are questionable.

Most law enforcement agencies and/or live scan facilities have fingerprint cards available upon request. Please be sure to request the use of the standard FBI Fingerprint Form (FD-258). You may also visit the FBI website to download a card for print at https://www.fbi.gov/about-us/cjis/identity-history-summary-checks/fd-258-1.

No, we cannot accept previously rolled fingerprint images. Your fingerprint images cannot be transferred between organizations. You are required to obtain a new set of ink-rolled fingerprints for submission with your request.

Typically, it takes approximately 5-10 minutes for a trained technician to ink-roll your fingerprints onto a single fingerprint card.

The FBI requires that you provide the following information:

  • Name/Alias (if applicable)
  • Date of Birth
  • Address
  • Country of Citizenship
  • City and State of Birth
  • Sex (Male/Female)
  • Race
  • Height/Weight
  • Eye Color/Hair Color
  • Phone Number
  • Email Address

Also, when you arrive at a location for fingerprinting, you will be required to provide two (2) forms of identification, one of which must be a government issued photo ID. The following are acceptable forms of photo identification:

  • State Issued Driver’s License
  • Phone Number
  • State Issued Identification Card
  • Phone Number
  • US Passport
  • Phone Number
  • Work Visa (with photo)
  • Phone Number
  • Military Identification Card

Choose the box that best describes the reason for your FBI Criminal Report request.

No. You may place a request for a copy of your own FBI Criminal Report for personal review only, pursuant to DO 556-73 and under the regulatory authority of 28CFR16.32

As a provider of background screening information for over 25 years, we are committed to, and experienced in, the highest level of security. We follow a strict security protocol that allows us to maintain access to FBI information, as well as other sensitive information. You can rest assured that we will handle your request with your security in the highest regard.

At this time, My FBI Report can send you a hard copy of your report via US Mail, USPS Priority Mail, or FedEx.

When mailing more than 1 copy of the FBI Report, each additional copy will be sealed in its own envelope. For example, if you request a total of 2 copies, the 1 extra copy of the FBI Report will be in a separate, sealed envelope.

We’ll mail the results, based upon your shipping request. If you ask for 2 total copies via First Class Mail, the 1 additional report will be in a separate, sealed envelope but mailed in the same First Class envelope.

Similarly, if you request USPS Priority Mail or FedEx shipping, the additional copy would be in a separate, sealed envelope, but still in the same Priority Mail or FedEx envelope. So there would not be any additional shipping charges. The only additional charges would be for the extra copies of the report.

FBI Biometric LiveScan reports are prepared in 24 to 48 hours. These reports can be downloaded and mailed. FBI Criminal Reports are usually delivered via US Mail within 5-7 days from the day the order is received and processed. Orders are normally processed the day they are received; however, an incomplete application or missing information will delay processing.

My FBI Report offers expedited shipping options for an additional fee: 2-3 days via USPS and overnight delivery via FedEx

Our charge is $95.00 for your FBI Criminal Report. Accepted methods of payment include –MasterCard, Visa, American Express and Discover.

When having fingerprints ink-rolled, be sure to have a complete set of fingerprints taken by a trained technician. If your fingerprints are rejected, you have the option to submit additional sets of fingerprints and incur the standard report charge each time. At no time will My FBI Report (National Credit Reporting) be able to conduct a “name search” of the FBI Criminal Report information – all FBI reports must be matched on fingerprint images.

In efforts to protect personally identifiable information and to meet FBI security requirements, your fingerprint cards will be destroyed within 30 calendar days of the retrieval of your FBI Criminal Report. Therefore, it is very important for you to contact My FBI Report if you have not received results within 21 days.

No. The FBI does not allow CJIS Channeler to disseminate FBI Criminal Report information outside of the United States.

You may have your FBI Criminal Report mailed to a designated attorney, if identified in your FBI Criminal Report Request. For reports to be utilized by an attorney, please see specific instructions below.

When requesting an FBI Criminal Report for use by your attorney, you must provide a written request on your attorney’s letterhead. The written request must include your signature as well as your attorney’s signature, and it must indicate that the FBI Criminal Report information results are to be released to your attorney.

The data contained in FBI Criminal Reports is compiled from information provided by local, state, and federal agencies. Thus, the correction of these records must be handled by the contributing agency. You are required to contact the appropriate agency or central repository (i.e. police department, county courthouse, etc.) in the state of the arrest record to request further information, correction, or updating. The FBI CJIS Division does not have the authority to modify any criminal history information.

In most cases, you will be required to submit a change request to the state’s central repository.

These records are typically updated by the FBI when the request is made directly from the arresting agency or from the court of record.

You may challenge your criminal history information if you have proof or supporting documentation as to the discrepancy in question. A written record challenge request must be sent, along with your supporting documentation, to the following address:

FBI CJIS Division
Attn: Correspondence Group
1000 Custer Hollow Road
Clarksburg, WV 26306

The FBI CJIS Division will only commence updates to records if/when they have confirmed such changes with the appropriate parties.

notary-public-questions

Notary Public Questions

idu offers Notary Public services to all of our clients. Notaries are authorized by State governments to help people with non-contentious legal matters: those related with deeds, estates, etc.

We are not attorneys, We can’t give legal advice.

Because, Hillsborough county tax collector offices have deputies on staff who verify Vin numbers.

Because, we can’t offer any advise or guidance . We are not attorneys.