A criminal conviction discrimination attorney in Miami may be able to hold accountable an employer that excludes job applicants with a criminal record. A Miami employment background check investigates private and public records to determine an applicant's suitability for employment.Florida tort law could impose liability on employers who fail to conduct adequate background checks on job applicants and current employees. Search for information on criminal felony and misdemeanor cases. I understand that if I fail to disclose my criminal record on my application for employment, I WILL be disqualified for employment. In the state of Florida, there are no laws limiting employers as to how far back they can look into a candidate's past regarding criminal convictions. This is not a criminal defense question it is employment law. Discrimination on the basis of a criminal record is not entirely legal. Many jurisdictions in the state have adopted local laws or ordinances that limit employers' ability to ask criminal history questions in job applications. Unusual workplace behavior.