Sample Background Check Policy Report for a Software Engineer in Miami
This page shows a complete sample background check policy report from our policy builder. A fictional software company with 250 employees entered one software engineer who works at its Miami office. In return, the builder applied 38 rules from two layers of law and wrote the draft policy language below. The same company ran the same answers for its San Francisco office, so you can compare this report with the San Francisco report line by line. Read the guide first, then scroll through the full report exactly as the company received it.
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The scenario behind this sample background check policy
Every report starts with a short questionnaire. For this sample, a fictional employer, Orange Software, described a full-time software engineer who works at one site in Miami. The position pays $285,000 a year and requires a professional certification. Moreover, the company employs 250 people, is headquartered in California, and already has a written policy and adverse-action procedure. It plans county, statewide, federal, and national database searches, a sex offender registry search, and a global watchlist search. It also plans employment, education, and license verification, drug testing, and rescreening after hire.
These are the same answers the company gave for its San Francisco office. There, they produce 33 required rules and six required changes. In Miami, however, they produce nine required rules and no required changes. Florida has no fair-chance, salary-history, or cannabis-testing law for private employers. Consequently, most of this report rests on federal law and EEOC guidance.
| Input | What the company entered | Why it changes the report |
|---|---|---|
| Position | Software Engineer, full-time, salaried at $285,000 a year; a professional certification is required | Pay of $75,000 or more lifts the FCRA seven-year limit on non-conviction records. The certification adds a license verification. |
| Employer | Private software company, no regulated industry, 250 employees; enrolled in E-Verify; written policy and procedure in place | Size triggers Title VII and Florida’s E-Verify mandate for private employers with 25 or more employees. |
| Work location | One work site in Miami (Miami-Dade County), Florida; headquarters in California | The report applies federal and Florida law. It does not apply California, because the law follows the place of work. |
| Checks planned | County, statewide, federal, and national database searches; sex offender registry; global watchlists; employment, education, and license verification; OIG and SAM; random and reasonable-suspicion drug tests that include marijuana; rescreening after hire | The report confirms the package, including the marijuana test. It still requires a fresh authorization for every post-hire check. |
| Record types | Felonies, misdemeanors, pending charges, pre-trial diversions, deferred adjudications, marijuana convictions, and convictions older than seven years; unsure how far back to look | No Florida statute bars these for a private employer. However, the report recommends caution and a written seven-year lookback. |
| Current practice | Asks about criminal history only after a conditional offer; uses a written individualized assessment; sends both adverse-action notices; plans to ask about salary history | No timing law applies, yet the company already follows the best practice. The salary question is permitted but not recommended. |
How to read the report
Each recommendation is a card with a colored label and a plain-English instruction. A source line cites the statute, regulation, or guidance behind it. Therefore, your employment counsel can verify every item without re-researching it. The four labels tell you how much weight each card carries.
A law that applies to this position requires or prohibits the step. Where two laws conflict, the report shows the strictest one as required.
No statute compels the step, but skipping it creates real legal risk. Most of these come from EEOC guidance and negligent-hiring case law.
A step that well-run screening programs take everywhere. This sample has four, such as waiting for the conditional offer and adopting a written seven-year lookback.
Context the company needs: which laws apply and why, why the headquarters state is left out, and the draft policy language itself.
The strictest rule wins
Only two layers of law cover this engineer: federal law and Florida law. Where they differ, the report shows the more protective rule as required. For example, Florida does not regulate adverse action letters for private employers. The FCRA, however, requires a pre-adverse notice, a waiting period, and a final notice. As a result, the report shows the two-step adverse action as required and sets the wait at five business days.
Gaps become a change list
Near the end, the section “Your process: what to change” repeats only the cards where current practice falls short. Here it lists three items, and none is required by law. Treat arrests and non-convictions with caution, limit deferred adjudications to open cases, and adopt a written seven-year lookback. Additionally, the numbered draft policy folds each of them into language the company can adopt.
What the sections cover
The report has 13 sections in a fixed order. It opens with the FCRA steps every employer must follow. Then it explains which laws apply and when the company may ask about criminal history. Next, it covers which records count and how far back to look. After that come notices, the search package, credit reports, drug testing, salary history, and other checks. Finally, it lists the process changes, the draft policy, and a color-coded checklist of what is in place and what to add.
The sample report: Software Engineer, Miami
Below is the full report, rendered as HTML. The cards match what the company saw on screen and in its 12-page PDF. The employer and contact are fictional. However, every rule, citation, and date is real and current as of October 1, 2026. Use the chips to jump to a section.
Start hereLaws applied to this positionWhen you may ask about criminal historyWhich records you may considerHow far back you may lookIndividualized assessment and required noticesRecommended searches for this positionEmployment credit reportsDrug and marijuana testingSalary historyOther checks and verificationsYour process: what to changeDraft policy language for this positionYour answersChecklist
Software Engineer
Required or prohibited by law 9Strongly recommended to reduce legal risk 12Best practice 4Informational reminder 13
Jurisdictions applied
Start here: the foundation of every screening policy
These items apply to every position you screen. Put them in place before anything else.
Stand-alone disclosure and signed authorization before every report
Before you order any report from a background screening company, give the applicant a written disclosure that consists solely of the statement that a consumer report may be obtained for employment purposes, and get a signed (or e-signed) authorization. Keep waivers, extra terms, and state notices off the disclosure page; put state-required language on a separate page. Certify to the screening company that you have done this and will follow the adverse-action rules.
Source: 15 U.S.C. § 1681b(b)(2) Read the law →
Apply the same screening package to every applicant for the same position
Order the same searches and apply the same written decision criteria to every applicant for this position. Deviations by individual (for example, checking one candidate’s credit but not another’s) are the most common source of discrimination claims, and Title VII disparate-treatment liability attaches to employers with 15 or more employees. Document any exception and the business reason for it.
Source: Title VII; EEOC Enforcement Guidance (2012) Read the law →
Two-step adverse action before any rejection based on a report
If a report may lead you to reject an applicant, first send a pre-adverse action notice with a copy of the report and the CFPB Summary of Rights, then wait at least five business days for the applicant to respond, and only then send the final adverse action notice naming the screening company, stating that it did not make the decision, and explaining the right to dispute and to a free copy within 60 days.
Source: 15 U.S.C. §§ 1681b(b)(3), 1681m Read the law →
Keep a written background screening policy and adverse-action procedure
A written policy that names the searches ordered for each position, the timing, the decision criteria, the individualized-assessment steps, and the adverse-action sequence is what regulators and plaintiffs ask for first. Update your existing policy with the position-specific items below.
Source: EEOC guidance; state requirements
When rules conflict, the strictest one wins
This position is subject to 2 layers of law (federal, state, and local). Where they differ, follow the most protective rule for the applicant; that is the rule shown as “required” below. Recommendations are current as of October 1, 2026.
Keep the file
Keep the disclosure, authorization, report, assessment notes, and notices for at least one year after the decision (two years for federal contractors); several laws require longer (Maryland four years, Los Angeles and San Francisco three years, Massachusetts CORI acknowledgments one year with a dissemination log). Store reports separately from the personnel file and dispose of them securely.
Source: 29 C.F.R. § 1602.14; FTC Disposal Rule Read the law →
Laws applied to this position
Federal law
The Fair Credit Reporting Act governs every report prepared by a screening company; Title VII and the EEOC’s 2012 guidance govern how criminal history may be used (15 or more employees); the ADA governs the timing of medical examinations.
Source: 15 U.S.C. § 1681 et seq.; 42 U.S.C. § 2000e Read the law →
Florida state law
Applied because work is performed in Miami, Miami-Dade County, Florida. No statewide ban-the-box law. Gainesville’s ordinance covers private employers with 15 or more employees; other cities and counties removed the question from their own applications only.
Source: Fla. Stat. § 112.011 (public employers may not deny solely for a conviction unless directly related) Read the law →
Headquarters state (California) not applied
Background-check laws follow the place where the work is performed, so your headquarters state’s rules are not applied to this position. If your HR team in California also hires for roles located there, run this builder separately for those roles.
When you may ask about criminal history
Consider waiting until after a conditional offer anyway
No fair-chance timing law covers this position, so you may ask about convictions on the application. Waiting until after a conditional offer is still the better practice: it removes the question from the application (which the EEOC recommends), keeps one process for all your locations, and lets you show that the record was the only reason for a change in decision.
Source: EEOC Enforcement Guidance (2012) Read the law →
Which records you may consider
Never consider sealed, expunged, set-aside, or pardoned records
Every jurisdiction that applies bars their use. Applicants may lawfully deny that these records exist, and screening companies may not report them. Clean-slate laws now seal eligible records automatically in many states, so a record that appeared on a report last year may be off-limits this year. Applicants may lawfully deny or fail to acknowledge arrests covered by a sealed or expunged record (Fla. Stat. §§ 943.0585(6)(b), 943.059(6)(b)) except when seeking employment with a criminal justice agency, admission to the Bar, employment or licensure with DCF, APD, AHCA, DOH, DJJ, DOE, school districts, charter or private schools, or child-care licensing, insurance agent licensing, or appointment as a guardian. Since July 1, 2026 (CS/CS/HB 1069, ch. 2026-114), a person screened through the Care Provider Background Screening Clearinghouse by a qualified entity under § 435.12 also may not deny such records, and FDLE discloses sealed records and the existence of expunged records to those entities.
Source: State sealing and expungement statutes
Never consider juvenile records
Juvenile adjudications are confidential in every state that applies to this position and may not be requested or used.
Source: State juvenile-records statutes; FCRA § 605 Read the law →
Treat arrests and non-convictions with caution
You plan to consider arrests, dismissed charges, or pre-trial diversions. A pre-trial diversion is entered before any plea and ends in dismissal, so it is a non-conviction, not a guilty or nolo contendere plea. No jurisdiction here flatly prohibits it, but an arrest is not proof of conduct, the EEOC treats reliance on arrests as a disparate-impact risk, and screening companies may not report non-convictions older than seven years (the seven-year limit is lifted for this position because it pays $75,000 or more). Consider only pending charges whose underlying conduct is job-related, and only after looking at the facts.
Source: EEOC Enforcement Guidance (2012); 15 U.S.C. § 1681c Read the law →
Deferred adjudication: a plea without a conviction
You plan to consider deferred adjudications. A deferred adjudication is a guilty or nolo contendere plea on which the court withholds judgment while the person completes probation; on completion the case is dismissed without a conviction. Treat it in two stages. While the deferral is open it is a pending matter: consider it only where the alleged conduct relates to this position, and re-check the disposition before deciding. Once it is completed and dismissed it is a non-conviction: screening companies may report it for seven years (longer for this position, which pays $75,000 or more) under the FCRA, but once the state seals or expunges it the applicant may deny it and it may not be used. Florida: a withhold of adjudication after a plea is not a conviction (Fla. Stat. § 948.01), but the plea and the withhold remain public record that private employers may consider until the record is sealed under § 943.059; once sealed, the applicant may lawfully deny it and it may not be used.
Source: State arrest-record and sealing statutes; 15 U.S.C. § 1681c; EEOC Enforcement Guidance (2012) Read the law →
Pending charges: job-related conduct only, and re-verify before deciding
Pending charges may generally be considered when the alleged conduct relates to the job, but do not treat a charge as a conviction. Re-check the disposition before any final decision.
Source: State fair-chance laws Read the law →
Reconsider using marijuana-only convictions
Simple-possession convictions are being expunged automatically in many states and rarely relate to job duties; using them invites disparate-impact claims.
Source: State marijuana-conviction protections
Convictions: consider only those that relate to this job
Felony and misdemeanor convictions may be considered, but only through the individualized assessment described below and only where the offense relates to the duties of a Software Engineer. Blanket exclusions (“no felonies”) are unlawful in the fair-chance jurisdictions that apply here and are treated as presumptively discriminatory by the EEOC everywhere.
Source: EEOC Enforcement Guidance (2012); state fair-chance laws Read the law →
How far back you may look
Recommended lookback: seven years
No state seven-year cap covers this position. Under the federal FCRA, convictions may be reported at any age, and because the position pays $75,000 or more, non-convictions may also be reported beyond seven years. Recommended scope: seven years. The EEOC treats older records as weaker evidence of risk, and a fixed written limit is easier to defend than open-ended review.
Source: 15 U.S.C. § 1681c; EEOC Enforcement Guidance (2012) Read the law →
Individualized assessment and required notices
Use a written individualized assessment
No statute here mandates the assessment for this position, but the EEOC treats it as the safe harbor against disparate-impact claims: document the nature and gravity of the offense, the time elapsed since the offense or sentence, and the nature of the job; notify the applicant of the potential exclusion; and consider any explanation before deciding.
Source: EEOC Enforcement Guidance (2012) Read the law →
Recommended searches for this position
County criminal search: current and prior counties of residence
The county court is the source of record; order a search in each county where the applicant has lived or worked in the lookback period, identified through an SSN trace and address history. Statewide and national databases supplement, not replace, county searches.
Source: Industry standard; FCRA § 613 accuracy duties
Statewide repository search where the state offers one
Add the statewide search for each work and residence state that has a usable repository; it catches counties the address history misses. Some states (California, for example) have no public statewide search, and repository data quality varies.
Database results must be verified at the source before you act on them
A national multi-jurisdictional database is a locator tool. Before any adverse decision, the record must be confirmed against the court of record (the FCRA requires screening companies to keep public-record information complete and current, and several states bar reliance on unverified database hits). Never reject on a database-only result.
Source: 15 U.S.C. § 1681k Read the law →
Sex offender registry search
Included in your package; it is a reasonable addition for most roles and is required for positions serving vulnerable populations.
Primary-source license verification
Verify the Professional Software Engineering Master Certification directly with the issuing board (status, expiration, and disciplinary history) before the start date and at each renewal.
Employment credit reports
No credit report planned
No credit-check restriction applies here. If you add one later, limit it to roles with financial responsibility and document the job-related reason.
Drug and marijuana testing
Test after the conditional offer
A drug test for illegal drugs is not a medical examination under the ADA, but alcohol tests and any related medical questions are, and must wait until after a conditional offer. Testing everyone after the offer keeps the sequence uniform and avoids collecting medical information (prescriptions, medical-cannabis certifications) before you must.
Source: 42 U.S.C. § 12112(d) Read the law →
Adopt a written drug-testing policy
The policy should name the positions tested, the substances on the panel, the circumstances (random and suspicion), the laboratory and medical review officer, and the consequences of a positive or refused test.
Source: Best practice
Marijuana testing is permitted here
No jurisdiction that applies to this position restricts pre-employment marijuana testing or protects off-duty use. Keep the policy consistent across positions and remember that state law changes frequently in this area.
Salary history
Salary-history questions are permitted here, but not recommended
No salary-history ban applies to this position. Roughly half the states and many cities prohibit the question, so a single nationwide practice of not asking is simpler, and pay-equity claims are easier to defend when offers are based on the budgeted range rather than prior pay.
Source: Pay-equity best practice
Other checks and verifications
Employment verification
Confirm dates, titles, and eligibility for rehire. Do not ask prior employers for pay history where a salary-history ban applies (and Massachusetts and Washington extend the ban to screening vendors).
Education verification
Verify degrees with the registrar or clearinghouse and check the institution against diploma-mill lists; a false degree claim is a stronger and more defensible basis for rejection than most criminal records.
Rescreening and continuous monitoring need fresh authorization and the same process
Obtain a new disclosure and authorization for post-hire checks unless the original clearly and lawfully covers ongoing screening (California and several other states do not permit “evergreen” authorizations for new reports), and apply the same individualized assessment and adverse-action steps to current employees. New York City, Philadelphia, and Los Angeles County extend their fair-chance procedures to current employees.
Source: 15 U.S.C. § 1681b(b); state and local fair-chance laws Read the law →
OIG and SAM exclusion screening
Screen against the HHS-OIG List of Excluded Individuals/Entities and SAM.gov before hire and monthly thereafter for any role paid with federal healthcare program funds (42 U.S.C. § 1320a-7; 42 C.F.R. part 1001; OIG Special Advisory Bulletin, May 2013, which notes the LEIE is updated monthly). Employing or contracting with an excluded person exposes the provider to civil monetary penalties of up to $25,595 per item or service furnished (42 U.S.C. § 1320a-7a(a)(6); 45 C.F.R. § 102.3, 2025 inflation adjustment published Jan. 28, 2026, with no 2026 increase), plus an assessment of up to three times the amount claimed and possible exclusion. State health department rules commonly require fingerprint-based checks for direct patient care and long-term-care roles.
Source: 42 U.S.C. § 1320a-7 Read the law →
E-Verify is mandatory for this employer
E-Verify is required by Florida (employers with 25 or more employees; Fla. Stat. § 448.095 (July 1, 2023)). Keep running every new hire within three business days and post the required notices.
Source: State E-Verify mandates Read the law →
Your process: what to change
Treat arrests and non-convictions with caution
See “Which records you may consider” above. You plan to consider arrests, dismissed charges, or pre-trial diversions. A pre-trial diversion is entered before any plea and ends in dismissal, so it is a non-conviction, not a guilty or nolo contendere plea. No jurisdiction here flatly prohibits it,…
Source: EEOC Enforcement Guidance (2012); 15 U.S.C. § 1681c Read the law →
Deferred adjudication: a plea without a conviction
See “Which records you may consider” above. You plan to consider deferred adjudications. A deferred adjudication is a guilty or nolo contendere plea on which the court withholds judgment while the person completes probation; on completion the case is dismissed without a conviction. Treat it in two…
Source: State arrest-record and sealing statutes; 15 U.S.C. § 1681c; EEOC Enforcement Guidance (2012) Read the law →
Recommended lookback: seven years
See “How far back you may look” above. No state seven-year cap covers this position. Under the federal FCRA, convictions may be reported at any age, and because the position pays $75,000 or more, non-convictions may also be reported beyond seven years. Recommended scope: seven years. The EEOC…
Source: 15 U.S.C. § 1681c; EEOC Enforcement Guidance (2012) Read the law →
Draft policy language for this position
Background Screening Policy — Software Engineer
1. Purpose and scope. [Company Name] conducts background screening for the position of Software Engineer to verify qualifications, protect employees, customers, and property, and comply with applicable law. This policy applies to all applicants for the position. The same searches and criteria apply to every candidate for the position.
2. Consent. Before any report is obtained from a consumer reporting agency, the candidate receives a stand-alone written disclosure and provides written authorization. State-required notices are provided on a separate page. [Company Name] certifies its compliance to the screening company.
3. Timing. No fair-chance law sets the timing for this position. As a matter of policy, criminal history is not requested on the application or in job advertisements, and [Company Name] asks about, searches for, and considers criminal history only after a conditional offer of employment. Non-criminal checks (identity, employment, education, license) are completed first.
4. Searches. The screening package for this position consists of: county criminal court search in each county of residence and employment during the lookback period; statewide criminal search where available; national criminal database and sex-offender registry search, with all results verified at the source; license verification; education verification; employment verification; post-offer drug test under the written drug-testing policy; OIG and SAM exclusion screening. The lookback period is seven years. Records older than the lookback period, sealed, expunged, set-aside, or pardoned records, juvenile records, and arrests or charges that did not result in a conviction (other than pending charges whose alleged conduct relates to the position) are not considered. Pre-trial diversions that ended in dismissal are not considered. A deferred adjudication is considered only while the case remains open and the alleged conduct relates to the position; once completed and dismissed it is treated as a non-conviction and is not considered, and a sealed or expunged deferral is never considered.
5. Decision criteria. A conviction is considered only if it relates to the duties of the position. For a Software Engineer, the offense categories with a documented relationship to the job are listed in the position screening matrix. No candidate is rejected automatically because of a record.
6. Individualized assessment. Before withdrawing an offer because of a record, the hiring manager and Human Resources document the nature and gravity of the offense, the time elapsed since the offense or completion of the sentence, and the nature of the position; provide the candidate with the record and the preliminary reasons; allow at least 5 business days for the candidate to respond with evidence of inaccuracy, rehabilitation, or mitigating circumstances; consider the response; and issue a final written decision.
7. Adverse action. If a report may lead to an adverse decision, [Company Name] sends a pre-adverse action notice with a copy of the report and the Summary of Rights, waits the period in section 6, and then sends a final adverse action notice that names the screening company, states that the screening company did not make the decision, and explains the candidate’s dispute rights and right to a free copy of the report.
8. Drug testing. Candidates are tested after a conditional offer under the written drug-testing policy, which names the panel, the laboratory, the medical review officer, and the consequences of a positive or refused test. [Marijuana is / is not] included in the pre-employment panel for this position in accordance with applicable law, and medical-cannabis certifications are handled through the accommodation process.
9. Salary history. [Company Name] does not ask candidates or prior employers about compensation history. Offers are based on the budgeted range for the position.
10. Records and confidentiality. Screening reports and assessment records are stored separately from personnel files, accessible only to those involved in the decision, retained for [one / two / four] years after the decision, and then securely destroyed.
11. Review. This policy and the position screening matrix are reviewed at least annually and whenever the position, its work locations, or applicable law changes. Rules current as of October 1, 2026.
Source: Draft for review by counsel
Your answers
The questionnaire answers that produced this report, exactly as the company entered them.
| Job title | Software Engineer |
| What type of employer are you? | Private company |
| How many employees do you have across all locations? | 250 |
| Is your organization in any of these regulated industries? | None of these |
| Will the background check be obtained from a background screening company (a consumer reporting agency) or run in-house by your staff? | Screening company |
| Where will this position perform its work? | At a fixed work site |
| Work site location | Miami, Miami-Dade County, Florida |
| Where is your company headquartered? | California |
| Who is being screened? | New applicant |
| Employment status | Full-time |
| Is this a managerial or executive position, or exempt from overtime under the FLSA? | No |
| Does the position involve any of the following? | None of these |
| Will the applicant drive as part of the job? | No |
| Is this a safety-sensitive position under federal law, state law, or your own written policy? | No |
| Is a background check for this position required by a federal or state law, a licensing board, a government contract, or a bonding or insurance requirement? | No |
| Does the position require a security clearance or work on a federal contract? | No |
| Does the position require a professional license or certification? | Yes |
| How is this position paid? | Annual salary |
| Expected annual compensation | $285,000 |
| Will you ask the applicant about their prior salary or wage history? | Yes |
| Will you run a criminal history check? | Yes |
| Which criminal searches do you plan to run? | County courts (current and prior residences); Statewide repository; Federal district courts; National multi-jurisdictional database; Sex offender registry; Global watchlists / OFAC |
| Which record types do you want to consider? | Felony convictions; Misdemeanor convictions; Pending charges; Pre-trial diversion (no plea entered; charge dismissed on completion); Deferred adjudication after a guilty or nolo contendere plea (judgment withheld); Marijuana-related convictions; Convictions older than 7 years |
| How far back do you want to look? | Not sure, recommend for me |
| When do you currently ask about criminal history? | Only after a conditional offer |
| Will you use a written individualized assessment (nature of the offense, time elapsed, relation to the job) before rejecting an applicant because of a record? | Yes |
| Will you apply the same criteria to every applicant for this position? | Yes |
| Will you request an employment credit report? | No |
| Will you drug test? | Yes |
| When will you test? | Random after hire; Reasonable suspicion |
| Will the panel include marijuana (THC)? | Yes |
| Is the position subject to federal drug-testing rules (DOT, FAA, FTA, PHMSA, Coast Guard)? | No |
| Which verifications will you run? | Employment history; Education; Professional license |
| Will you pull a motor vehicle record (MVR)? | No |
| Will you review the applicant’s social media or other public internet content? | No |
| Will any automated, algorithmic, or AI-based tool be used to score, rank, or screen applicants or background reports? | No |
| Will you rescreen employees or use continuous monitoring after hire? | Yes |
| Will you check federal exclusion lists (OIG, SAM)? | Yes |
| Has the applicant lived, worked, or studied outside the U.S. in the past 7 years? | No |
| At what stage do you currently run the background check? | After a conditional offer |
| Do you give applicants a stand-alone FCRA disclosure and get written authorization before ordering the report? | Yes |
| When a report leads you to reject someone, do you send a pre-adverse action notice, wait, and then send a final adverse action notice? | Yes, both notices |
| What would you like the builder to produce? | Both |
Your screening policy checklist
Green: already in place. Amber: recommended addition. Red: required addition.
- Stand-alone FCRA disclosure and signed authorization You give the stand-alone disclosure and get written authorization before every report.
- Two-step adverse action (pre-adverse notice, wait, final notice) You send both notices and wait the required period.
- Timing of the criminal-history question No timing law applies, and you already wait until after a conditional offer.
- Written screening policy and adverse-action procedure You keep a written policy and procedure; update it with the position-specific items in this report.
- Written individualized assessment before any rejection You document the nature of the offense, the time elapsed, and the relation to the job before deciding.
- Same searches and criteria for every applicant You apply one package and one set of criteria to every applicant for the position.
- Record types limited to what the law allows Recommended: limit arrests, dismissed charges, and pre-trial diversions to job-related, verified matters; consider deferred adjudications only while open and job-related; never once completed and sealed.
- Lookback period within the legal limit Recommended: adopt a written seven-year lookback.
- No salary-history questions Recommended: stop asking about prior pay; no ban reaches you today, but a single practice of not asking is simpler and pay-equity claims are easier to defend.
- Drug and marijuana testing rules Your testing plan follows the timing and cannabis rules that apply here.
- E-Verify and Form I-9 You are enrolled in E-Verify and run every new hire.
- Rescreening and continuous monitoring Recommended: obtain a fresh authorization for each post-hire check and apply the same assessment and adverse-action steps to employees.
Important
This report is general compliance information prepared from the laws in effect on the date shown. It is not legal advice and does not create an attorney-client relationship. Laws change frequently and local rules may add requirements; confirm the recommendations with your employment counsel before adopting a policy. screeningpolicy.com and Langley Porter AG LLC do not make hiring decisions and are not a law firm.
What a Florida employer does with this background check policy report
A short list of required rules does not mean a short list of risks. Most of this report is recommended under EEOC guidance, and those cards carry real exposure. Therefore, HR runs the report, counsel reviews it, and the screening vendor configures it. Each step below takes less time than the research it replaces.
Send it to counsel
Forward the PDF to your employment lawyer. Every card cites its source, so review takes minutes rather than billable days.
Decide on the recommendations
Work through “Your process: what to change.” Here that means three recommended items, led by how you treat arrests and non-convictions.
Brief your screening vendor
Order the confirmed package with source verification of every database result. Set the report scope to the written seven-year lookback.
Keep E-Verify current
Run every new hire through E-Verify within three business days. Then run a new report whenever the position, the location, or the law changes.
Why a Miami position needs its own policy report
Fewer rules is not no rules
Nine items are still required in Miami. They include the stand-alone disclosure, the two-step adverse action, and the same criteria for every applicant. They also include the bar on sealed, expunged, and juvenile records, source verification of database results, and a fresh authorization before rescreening. The report lists each one with its citation.
E-Verify is mandatory here
Florida requires private employers with 25 or more employees to use E-Verify for new hires. California leaves it voluntary. Therefore, a California company opening a Miami office picks up a duty it does not have at home.
The headquarters does not travel
The company is based in California, yet California law does not apply to this hire. Screening law follows the place where the work is performed. The report applies Florida and says why California is left out.
Sample background check policy report: frequently asked questions
What is a sample background check policy report?
It is a real output of our policy builder for one job position, shown here as an example. The report lists every federal, state, and local screening rule that applies to the position. It labels each one by weight, cites its source, and ends with draft policy language. This sample covers a software engineer at a 250-employee software company in Miami.
Is Orange Software a real employer?
No. The company and the contact name are fictional, and the answers were chosen to show a typical technology hire. However, every rule, citation, penalty amount, and effective date is real. All of them are current as of the date printed on the report.
Which background check laws apply to a software engineer in Miami?
Two layers apply. The federal layer is the FCRA, Title VII, and the ADA. The state layer is Florida law, which adds the E-Verify mandate and the rules on sealed and expunged records. Florida has no statewide ban-the-box law, and no Miami or Miami-Dade ordinance reaches private employers.
What do the red, amber, green, and blue labels mean?
Red means a law requires or prohibits the step. Amber means the step is strongly recommended to reduce legal risk, usually under EEOC guidance or negligent-hiring case law. Green marks a best practice with no legal driver. Blue marks a reminder that gives context, such as which laws apply or how long to keep records.
Why does this report have only 9 required items when the San Francisco report has 33?
The answers are identical, so the difference is the law. Florida does not regulate timing, record types, the lookback period, marijuana testing, or salary history for private employers. California and San Francisco regulate all of them. Read the San Francisco report to compare.
Is E-Verify required for a private employer in Florida?
Yes, for private employers with 25 or more employees, under Fla. Stat. § 448.095. This company has 250 employees and is already enrolled. Therefore, the report shows E-Verify as required and tells the company to keep running every new hire within three business days.
Does the headquarters state matter?
Not for this position. Background check laws follow the place where the work is performed. The report notes that California is not applied. If the California office also hires for roles located there, the company should run the builder separately for those roles.
Why does a $285,000 salary change the report?
The FCRA limits most non-conviction records to seven years. However, that limit is lifted when the position pays $75,000 or more, and Florida adds no cap of its own. As a result, older records may be reported for this position. The builder still recommends a written seven-year lookback as a best practice.
Can I use the draft policy language as written?
Treat it as a draft for counsel, not a finished policy. Fill in the bracketed fields, such as the company name and the retention period. Then attach the screening matrix and have your employment lawyer confirm the language. The report is general compliance information and not legal advice.
How do I get a report for my own position?
Open the policy builder, answer the questionnaire for one position and its work locations, and pay $25. The report appears on screen instantly and arrives by email as a PDF. Nothing you enter is stored on our servers.
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Enter the position, the pay, and every place the person will work. Our engine compiles the applicable federal, state, and local screening laws and returns a color-coded report with draft policy language. Then your counsel reviews it and signs off.
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screeningpolicy.com is operated by Langley Porter AG LLC. Reports are general compliance information, not legal advice, and do not create an attorney-client relationship. Confirm every recommendation with your employment counsel before adopting a policy.