Criminal Background | What My Next Employer Needs to Know

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Know this:  In Florida, health care facilities and organizations are registered with the Health Care Provider Clearinghouse Database at the Agency for Healthcare Administration (AHCA). This database is hooked into the National Crime Information Computer (NCIC), which is run by the FBI.  

If someone is arrested, regardless of whether the case was dismissed or not, this information is probably in the database. Employers engaged in the health care industry in Florida must query the database to determine whether an applicant or employee is “eligible” or “ineligible” for employment.

Job Application Questions You Might Encounter

Taking this into consideration it is wise to carefully consider what answer you give on an employment application that asks about criminal history.  If you have no history, then it’s no problem.

However, if you have criminal offenses in the past, your answer depends on how the question is asked.  For example, some applications might ask:

• Have you ever been arrested before?
• Have you ever been arrested for a crime that if convicted would be a felony?
• Have you ever been convicted of, or entered a plea of guilty, nolo contendere, or no contest to any crime in any jurisdiction other than a minor traffic offense?

Some questions are designed to be specific:

• Have you been convicted of, or entered a plea of guilty or nolo contendere, regardless of adjudication, to a felony under chapter (ch.) 409, F.S. (relating to social and economic assistance), ch. 817, F.S. (relating to fraudulent practices), ch. 893, F.S. (relating to drug abuse prevention and control) or a similar felony offense(s) in another state or jurisdiction?

How you answer the question depends on how the question is worded. Many times if our clients tell us they have more than one crime in their past we respond “Well if you are in doubt you probably ought to disclose.”  It should be pointed out that the same problems are encountered by applicants to the Florida Department of Health for an APRN or other license.

Seek Smart Legal Counsel

If you have recently been arrested, do not go it alone.  If you are having to decide how to answer a criminal background question for a health care employer, do not go it alone.

Our firm provides criminal representation along with assistance with criminal questions on applications. 

Our attorneys will arrange a FREE no-obligation consultation with you to learn more about your case.

Need Legal Advice? Let’s Talk

Contact the law offices of Howell, Buchan & Strong; Attorneys at Law for your free consultation at any one of our locations:

Orlando (407) 717-1773 |Tallahassee (850) 877-7776 | Tampa (813) 833-6726 | Sarasota (941) 779-4348