Queens, NY asked in Employment Discrimination and Employment Law for Florida

Q: Question on employment law and background checks in Florida.

I live in Florida and I am curious what background reporting regulations may be (Google has too many different answers to be sure what is correct).

Almost 10 years ago, when I was barely 18, I was arrested for a couple of felonies and a couple of misdemeanors. All of my charges were either dropped or adjudicated, besides one misdemeanor I was found guilty for. Since, I’ve stayed out of trouble.

I’ve read the FCRA has regulations for reporting any arrests/convictions after 7 years, which seems to be true since none of these arrests or the misdemeanor conviction have come back on any employment background check I’ve had. However, I have read about those regulations going out of the window if you’re applying for a position you’re presumed to be making more than $75k a year in. Is this accurate? And if so, what changes? Is there not a time limit anymore? Or is the time limit extended? Also curious how the employment company would know your expected salary. Thank you in advance!

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Employment Law Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: I strongly suggest that you hire an employment lawyer to discuss this rather than ask all these very important questions here on this public website. The fee for speaking to most experienced employment lawyers is very reasonable. Search for one using the website's Find a Lawyer tab.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.