I'm hiring for my daycare center and the background check pulled up 2 things of the records that bother me.

Asked over 1 year ago - Orlando, FL

This woman is from Florida and when I ran a background check it found:
1) Certificate of Compliance - Jessica Lunsford Act under her misdemeanor charge.
and the other charge it said
2) Deliver to minor or hire as agent in sale
She has given us an explaination of both but I'm not buying it.
The reason is not complicated; she has a very common last name. After the P.I. company cleared it, they came back about 3 weeks later with "Oops, we think this is from her record too" and that's when we had the conversation with her.
I could fire her right this minute but she could sue us. So I want to know what these charges mean. pls an attorney in FL if possible, that's why I listed the city/state as FL even though we are in Buffalo, NY.

Attorney answers (3)

  1. Angela Meriah Park

    Contributor Level 5

    5

    Lawyers agree

    Answered . Without seeing exactly what is on this woman's background check and the way it is worded, I don't think anyone on here can give you a satisfactory answer. Background check forms often jumble alot of information in a short amount of space, making it easy to misinterpret the information. As you probably know, and the reason you are understandably concerned, the Jessica Lunsford Act was passed in response to the abduction and murder of a little girl. The Act has many components. My suggestion is to contact the Clerk of Courts in the county where the charges you are concerned about happened and order a certified copy of the disposition and get a copy of the original police report. Or contact FDLE, who might be able to help you understand what is on that form.

  2. Joshua Eli Adams

    Contributor Level 14

    2

    Lawyers agree

    Answered . It is difficult to know without seeing the report and even then the reports are often unclear. I might suggest having an attorney in the county where the recorded action took place go down to the clerk of court and search the public records. For women this can be difficult if because last names often change as a result of marriages.

    Also, as another attorney indicated, you may want to consult with an employment law attorney.

  3. William A. Jones Jr.

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Sorry I'm disregarding your request for only FL attorneys. I hope you'll forgive my intrusion but I have a suggestion. I would post this same question under the Practice Area "Employment/Labor" so as to attract with that posting, lawyers who specialize in employment law and can offer guidance of the issue of terminating this employee. Don't worry, you will hear from one or more of the highly qualified criminal defense attorneys who practice in Florida. Good luck.

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