How Old Can a Criminal Record Legally Be Reported in Florida?

Use the free tool — Background Check Dispute

What's going on

An employer or landlord pulled a background report, and something on it looks wrong. Maybe it's a mixed-up name, a charge that was dismissed but still shows, an old debt, or an eviction that wasn't yours. You want to know what the law requires and what you can actually do about it.

What the law requires before a decision

Under the Fair Credit Reporting Act (FCRA, 15 U.S.C. 1681 et seq.), the employer or landlord must give you a copy of the report and a summary of your rights, and must wait before making a final decision. This is often called the "pre-adverse action" window.

If something on the report is wrong or outdated, you can dispute it with the screening company. The screening company must reinvestigate within 30 days.

How old can a record legally be?

There are federal limits (under the FCRA) and Florida-specific limits (under Florida Statutes 943.0585 and 943.059, as of 2025–26) on how old certain records can be when they're reported. This material doesn't spell out the exact number of years that applies to every kind of record. Before you rely on any specific cutoff, confirm it with the screening company, the agency, or a professional.

What you can dispute, and how

Wrong identity — the record belongs to someone else.
Outdated status — a charge that was dismissed but still shows as open or pending.
A record that may be too old to legally be reported, once the applicable cutoff is confirmed.

You generally send two letters: one to the screening company asking them to reinvestigate, and one to the employer or landlord asking them to hold the decision while you dispute. Certified mail and the screening company's online dispute portal are both ways to send it.

Respond inside the pre-adverse window even if your proof isn't complete yet. Just say you're disputing it.

Not legal advice

This explains the FCRA and Florida record rules. It is not legal advice, and it cannot see your actual court record. Employers and landlords may also have state or local "fair chance" rules not covered here. If a violation was willful, statutory damages and fees may be available under the FCRA, and consumer attorneys often take these cases on contingency — it's worth checking with one. This tool is not affiliated with any employer, screening company, or agency.

What to do next

Paste the notice, the report pages, the date, and the screening company's name into the free tool. It reads your own document and computes the windows — including the 30-day reinvestigation clock — from the dates you give it, and drafts the two dispute letters for you. Free, in English and Spanish.

Use the free tool

Background Check Dispute is an informational tool based on the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), FTC/EEOC employer guidance, and Florida Statutes 943.0585/943.059 as of 2025–26. It is not legal advice and does not send disputes. Employers and landlords may also have state/local 'fair chance' rules. It is not affiliated with any employer, screening company or agency.