Category: Law Enforcement · Statute: F.S. 943.053 · Source: Florida Legislature
Understanding FDLE Background Check in Florida
An FDLE background check is an official review of an individual's criminal history record maintained by the Florida Department of Law Enforcement. Under Florida Statute Section 943.053, these records are generally accessible to the public, though the depth of the search depends on the level of screening required. A Level 1 search relies on a name-based query of the Florida Computerized Criminal History system, while a Level 2 search utilizes fingerprint submissions processed through electronic LiveScan devices to cross-reference both state records and national FBI databases. These checks reveal arrests, charges, dispositions, and warrant statuses originating within the state of Florida.
These background checks are a standard prerequisite for various sensitive roles across the state, including healthcare employment, educator certification, professional licensing, adoption proceedings, and volunteer positions involving vulnerable populations. While Florida's broad public records laws make much of this information accessible, certain records may be excluded from an FDLE search if they have been legally expunged or sealed under Florida law. Consequently, the FDLE background check serves as the state's definitive benchmark for verifying an individual's criminal character and fitness.
Impact on Bail and Pretrial Release
During the initial booking process and prior to a first appearance hearing, law enforcement and pretrial services run an FDLE background check to verify a defendant's identity and criminal history. The results of this search directly influence the judge's bail decision. If the FDLE report reveals active out-of-county warrants, a history of failing to appear in court, or pending charges while on release, the court is highly likely to set a significantly higher bail amount, impose strict supervised release conditions, or deny bail entirely.