Background Check Agency wants arrest report for a NON-CONVICTION

[BernardC]

What is the name of your state?Florida
I submitted to a level 2 background check for a job in which I will be working with what are considered "vulnerable population". The application asked about misdemeanor and felony convictions in the past ten years. I do not have any. What I did have was a 20 year old arrest for misdemeanor domestic battery that I pled NOT GUILTY and the charges were dismissed. Well I received a letter from the Department of Children and Families, as they are the agency here in Florida that is authorized to do Level 2 backgrounds, asking me to provide them with a copy of the arrest report and the court disposition. Florida Statues consider a guilty plea to a domestic battery as disqualifying regardless of court disposition. I pled NOT GUILTY, the charges we DISMISSED, thus I therefore do not have a disqualifying offense so can I send them the court disposition only? I really don't want to send the arrest report because it contains embarrassing personal information and it should not be not of the Department's business. The relevant point should be I pled NOT GUILTY , the charges were dismissed and I do not have a conviction.

 

[quincy]

What is the name of your state?Florida
I submitted to a level 2 background check for a job in which I will be working with what are considered "vulnerable population". The application asked about misdemeanor and felony convictions in the past ten years. I do not have any. What I did have was a 20 year old arrest for misdemeanor domestic battery that I pled NOT GUILTY and the charges were dismissed. Well I received a letter from the Department of Children and Families, as they are the agency here in Florida that is authorized to do Level 2 backgrounds, asking me to provide them with a copy of the arrest report and the court disposition. Florida Statues consider a guilty plea to a domestic battery as disqualifying regardless of court disposition. I pled NOT GUILTY, the charges we DISMISSED, thus I therefore do not have a disqualifying offense so can I send them the court disposition only? I really don't want to send the arrest report because it contains embarrassing personal information and it should not be not of the Department's business. The relevant point should be I pled NOT GUILTY , the charges were dismissed and I do not have a conviction.

You can respond with the court disposition and see if that is enough to satisfy their request.

Edit to add: Cases can be dismissed for a variety of reasons that have nothing to do with guilt or innocence. Death of one of the parties is one example.

 

[zddoodah]

can I send them the court disposition only?

That's a question to pose to the individual who made the request. No one here will be able to tell you if it will be sufficient to satisfy that person.

 

[adjusterjack]

The relevant point should be I pled NOT GUILTY ,

The relevant point is that if you want the job you obey the request.

However, before questioning the employer, I suggest you obtain copies of the complete case file. There may be documents in there that explain the dismissal with enough information as to make the arrest report unnecessary.

Then, if they still want the arrest report, you either send it or back away from the job opportunity.

 

[Taxing Matters]

Most of the above responses assume that the police or the court still has the arrest record. After 20 years it might not. So find out if it's even available. If it is no longer available then you can truthfully tell the agency you can't get it as the state/local agency that had the record has already disposed of it. I have no idea, though, how the agency would respond to that situation.

 

[quincy]

Most of the above responses assume that the police or the court still has the arrest record. After 20 years it might not. So find out if it's even available. If it is no longer available then you can truthfully tell the agency you can't get it as the state/local agency that had the record has already disposed of it. ...

Florida Rules of General Practice and Judicial Administration, Rule 2.430, Retention of Court Records:

https://casetext.com/rule/florida-court-rules/florida-rules-of-general-practice-and-judicial-administration/part-iv-judicial-proceedings-and-records/rule-2430-retention-of-court-records#:~:text=(E) 10 years - Felony,defendant was adjudicated not guilty.

Retention of the type of records seemingly being requested of BernardC appears to be 10 years, under Rule 2.430(E).

I think the employer may need to be satisfied with the case disposition alone.

 

[zddoodah]

Most of the above responses assume that the police or the court still has the arrest record. After 20 years it might not. So find out if it's even available. If it is no longer available then you can truthfully tell the agency you can't get it as the state/local agency that had the record has already disposed of it.

FWIW, the inference I took from the original post is that the OP has a copy. If that's correct, then whether or not the cops or court still has a copy is a moot issue.

 

[quincy]

FWIW, the inference I took from the original post is that the OP has a copy. If that's correct, then whether or not the cops or court still has a copy is a moot issue.

Although that is not how I read the original post, I can see how it can be read the way you are reading it.

Whether BernardC has his own copy or not, however, it still leaves him with a decision to make. I think he might want to submit the case disposition first to see if that’s adequate. If the employer needs more, then BernardC has to decide how badly he wants the job.

 

[BernardC]

The relevant point is that if you want the job you obey the request.

However, before questioning the employer, I suggest you obtain copies of the complete case file. There may be documents in there that explain the dismissal with enough information as to make the arrest report unnecessary.

Then, if they still want the arrest report, you either send it or back away from the job opportunity.

I am assuming you are an attorney. As such, you know very well that individuals and businesses, whether private or public, engage in behavior and make requests that are not always legal. That is my question. Does the government agency Florida Department of Children and Family have the LEGAL RIGHT to request that I submit to them an arrest report for a crime that I have not been convicted of if I provide them with a certified copy of the "retention letter" that shows I pled NOT GUILTY and the charges were dismissed or be disqualified for the employment opportunity?The Department of Childrens and Families IS NOT the agency offering employment. They are one of three agencies authorized in the state of Florida to conduct level 2 background checks.

 

[Zigner]

I am assuming you are an attorney. As such, you know very well that individuals and businesses, whether private or public, engage in behavior and make requests that are not always legal. That is my question. Does the government agency Florida Department of Children and Family have the LEGAL RIGHT to request that I submit to them an arrest report for a crime that I have not been convicted of if I provide them with a certified copy of the "retention letter" that shows I pled NOT GUILTY and the charges were dismissed or be disqualified for the employment opportunity?The Department of Childrens and Families IS NOT the agency offering employment. They are one of three agencies authorized in the state of Florida to conduct level 2 background checks.

You asked the question again. Read the answers you already received.

 

[quincy]

I am assuming you are an attorney. As such, you know very well that individuals and businesses, whether private or public, engage in behavior and make requests that are not always legal. That is my question. Does the government agency Florida Department of Children and Family have the LEGAL RIGHT to request that I submit to them an arrest report for a crime that I have not been convicted of if I provide them with a certified copy of the "retention letter" that shows I pled NOT GUILTY and the charges were dismissed or be disqualified for the employment opportunity?The Department of Childrens and Families IS NOT the agency offering employment. They are one of three agencies authorized in the state of Florida to conduct level 2 background checks.

Although attorneys have responded to your questions in this thread, most who offer advice on this forum are not attorneys (including adjusterjack). Please read the IMPORTANT NOTICE at the bottom of this (and every) page. For legal advice specific to your needs that you can rely on, you will need to seek out an attorney licensed to practice in your own jurisdiction.

In Florida, employers can legally request arrest records even if the arrests do not appear on a background check and even if the arrests are over 7 years old (the age of which would be considered “outdated”).

What Florida employers cannot do is limit their applicant pool to only those who have no criminal history (which would be a violation of Title VII of the Civil Rights Act). And some local governments in Florida prohibit an employer from asking about an applicant’s criminal history or conducting background checks on an applicant unless there has been a conditional offer of employment.

If your prospective employer is insisting on information about your 20-year-old arrest, you can provide what you are comfortable providing (the case disposition, perhaps) and then seek assistance from a local Florida attorney if you feel the employer is violating your rights by demanding more.

 

[adjusterjack]

The Department of Childrens and Families IS NOT the agency offering employment.

Then why aren't you discussing this issue with the prospective employer? I would think that the employer would be the one to decide on what background information would be relevant.

No, I'm not an attorney.

 

[quincy]

Then why aren't you discussing this issue with the prospective employer? I would think that the employer would be the one to decide on what background information would be relevant.

No, I'm not an attorney.

I have assumed that it is the employer who is asking for additional information, albeit through the Department of Children and Family. Perhaps there was something that showed up in the initial background check that raised questions.

 

[zddoodah]

Does the government agency Florida Department of Children and Family have the LEGAL RIGHT to request...?

Yes.

By the way, five days ago, I suggested that you contact the individual who made the request to see if the disposition document would be sufficient. Have you done that? If so, what response did you get? If not, why not?

 

[quincy]

BernardC, have you responded to the request by the Department yet? Do you have any idea why the Department is seeking 20-year-old records?