Florida Guardianship Background Check: Level 2 FBI and FDLE Screening Explained

You've decided to seek legal custody of your grandchild or relative's child in Florida, and now you're wondering whether a criminal history from years ago — or even a traffic charge — will stop the whole thing. The answer depends entirely on which court pathway you're using, because Florida applies different screening rules to each one.

Chapter 744 Probate Guardianship: Level 2 Screening Is Mandatory

If you're petitioning for guardianship of a minor through Florida's Probate Division under Chapter 744, a Level 2 background check is required by Florida Statute Section 744.3135. No exceptions for relatives.

A Level 2 screening includes:

• FBI national criminal history through electronic fingerprinting
• FDLE (Florida Department of Law Enforcement) statewide criminal records check
• Credit history check if you're seeking guardianship of the child's property (managing assets over $15,000)

The Chapter 744 Level 2 check applies to the proposed guardian. Ask the court if your case requires screening anyone else in the household. The fingerprinting is done at a Livescan provider (most county sheriff offices, or private vendors approved by FDLE), and results go directly to the court.

The cost runs $50 to $75 per person screened. This fee is not covered by the civil indigent status waiver that covers filing fees, so budget for it separately.

Chapter 751 Family Court Custody: Screening Is Discretionary

For temporary or concurrent custody under Chapter 751, background checks are not automatically required by statute. The judge may order a local criminal background check or fingerprint screening, including in contested cases or when abuse allegations are part of the record.

Local administrative orders may add screening requirements. Check your circuit's family-law self-help instructions or ask the clerk about local requirements before filing.

Even when a check isn't mandated, having a clean record (or documentation showing rehabilitation for older offenses) strengthens your petition. Judges in contested hearings weigh the caregiver's suitability, and a background check you run voluntarily can be submitted as an exhibit.

Chapter 39 Dependency Placements: The Strictest Screening

If DCF is placing a child in your home through the dependency system under Chapter 39, screening requirements are the most comprehensive:

• Level 2 FBI fingerprinting for all household members
• FDLE statewide criminal records
• DCF Child Abuse Central Registry check (also called the Abuse Hotline History search)

This screening applies to all household members before DCF approves the placement.

What Disqualifies You

Screening rules depend on the pathway. Chapter 39 placements have separate criminal-history and child-abuse registry requirements, while Chapter 744 requires the court-directed Level 2 check. Do not assume a particular conviction automatically disqualifies you or is irrelevant; ask the court or DCF caseworker how the rules apply before filing.

How to Prepare

Get ahead of the screening by ordering your own records before you file:

1. Follow the court's screening instructions for the required Level 2 FBI/FDLE check; a personal records search is not a substitute
2. Review your credit report if guardianship of property is involved (free annually at annualcreditreport.com)
3. Check whether your county requires screening for Chapter 751 cases by calling the clerk's office or reviewing the family law self-help packet

If your record has entries that need explanation, prepare a written statement for the court describing the circumstances, what's changed since, and your current stability. Judges appreciate transparency over surprises.

The Florida guardianship and custody guide covers background check requirements for every pathway — Chapter 751, 744, and 39 — with a decision chart showing what applies to your situation and how to prepare.

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