Background Screening

Exemption From Disqualification

Am I Eligible to apply for an Exemption?

Exemptions are for employment purposes only. No exemptions are available for placement of children. Background screening requirements related to placement of children are found in section 39.0138, Florida Statutes, and these cannot be waived.

To be eligible to request an exemption from disqualification you must be:

It has been at least 3 years since you completed or been lawfully released from confinement, supervision or nonmonetary condition imposed by the court for all disqualifying felonies;

You completed or been lawfully released from confinement, supervision or nonmonetary condition imposed by the court for all disqualifying misdemeanors

You have paid all court-ordered financial assessments in full.  This includes any fee, fine, fund, lien, civil judgment, application, cost of prosecution, cost of supervision, trust or restitution as part of the judgment and sentence for any disqualifying felony or misdemeanor;  
Anyone designated as a sexual predator, sexual offender or career offender is not eligible for an Exemption from Disqualification

There are additional limitations that apply for Child Care Personnel:

You may not apply for an exemption if your criminal history contains any of the following offenses:

  1. Felony Offenses:
    • Chapter 741, relating to domestic violence.
    • Section 782.04, relating to murder.
    • Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, aggravated manslaughter of a child, or aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.
    • Section 784.021, relating to aggravated assault.
    • Section 784.045, relating to aggravated battery.
    • Section 787.01, relating to kidnapping.
    • Section 787.025, relating to luring or enticing a child.
    • Section 787.04(2), relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending custody proceedings.
    • Section 787.04(3), relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending dependency proceedings or proceedings concerning alleged abuse or neglect of a minor.
    • Section 794.011, relating to sexual battery.
    • Former s. 794.041, relating to sexual activity with or solicitation of a child by a person in familial or custodial authority.
    • Section 794.05, relating to unlawful sexual activity with certain minors.
    • Section 794.08, relating to female genital mutilation.
    • Section 806.01, relating to arson.
    • Section 826.04, relating to incest.
    • Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.
    • Section 827.04, relating to contributing to the delinquency or dependency of a child.
    • Section 827.071, relating to sexual performance by a child.
    • Chapter 847, relating to child pornography.
    • Section 985.701, relating to sexual misconduct in juvenile justice programs.
  2. Misdemeanor offenses:
    • Section 784.03, relating to battery, if the victim of the offense was a minor.
    • Section 787.025, relating to luring or enticing a child.
    • Chapter 847, relating to child pornography.