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Conducting Florida Criminal Records Searches
By LaMesaDuiLawyer | June 28, 2010
In 1993, Florida Congress passed the National Child Protection Act (NCPA) that authorized criminal records checks for persons who work with children in both an employee or volunteer status. Then an amendment was added to this Act in 1994 to involve elderly and disabled persons. It was again amended in 1998 under a bill proposed by Florida Representative Foley. The third amendment to this Act made it easier for people to obtain state and countrywide criminal records info. Then in 1999, Florida’s Legislature passed a law that is consisted with the NCPA. Together, these laws worked to promote a broader exchange of criminal records and criminal historical past info. The ultimate purpose was to assist entities that furnish care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or persons with disabilities. The state and nationwide criminal records checks will aid screen volunteers and employees associated with these entities. Screenings of this nature will support prevent the abuse of those served by the entities.
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Who are able to obtain Criminal Records Checks under the NCPA and section 943.0542 Florida Statutes?
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The Florida Statute 943.0542 offers that a Volunteer and Employee Criminal records History Check (VECHS)  be afforded to those entities that provide some kind of “care†or “care placement products and services.†The provider supplied must be for children, the elderly, or the disabled, even if only as a limited part of the entity’s overall business. Entities that involve themselves in such are the ones who are certified to get copies of Florida criminal records checks through the VECHS program.
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One time qualified to participate inside the program, an entity may demand criminal records and criminal historical past information on all present and prospective employees and volunteers. Therefore, this means that criminal records checks are conducted on not only those employees who work with vulnerable persons. A qualified entity may likewise ask criminal records information on employees or volunteers who have who look for to possess unsupervised access to populations describing above.
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As described under the NCPA and related federal guidelines, certified entities are authorized to obtain Florida criminal records and criminal heritage data. Under the NCPA as well as the Florida statute, a “qualified entity†is often a business or organization, regardless of whether public, private, for profit, not-for-profit, or voluntary, that offers care or care placement expert services, this includes a business or organization that licenses or certifies others to supply care or care placement products and services. The term “care†encompasses all the provisions of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or persons with disabilities.
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Alternative Florida Criminal Records Checks to the VECHS Program
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The VECHS program only is applicable to entities described above that seek to get or obtain copies of Florida criminal records on their employees or volunteers. Participation within the VECHS program is strictly voluntary.
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For Florida organizations that do not fall under the description given above, a required criminal records check on their employees and volunteers can be obtained from the state central repository. These businesses may not ask for criminal background info through the VECHS program as they are already afforded their own way of obtaining such information.
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