Background screening is essential for ensuring the safety and reliability of individuals in various roles, particularly in sensitive areas like positions involving children or other vulnerable populations.
In Florida, a Level 2 background check is often used for employment purposes and provides a deeper look into a person’s criminal records, confirming they meet the necessary standards for acquiring a job that involves a position of trust.
Conducting this type of background check helps verify qualifications as well as reveals any disqualifying history, making it a valuable tool for employers across a range of professions. Below, our Tampa criminal defense attorneys at Buda Law cover the ins and outs of Level 2 background checks in Florida and what you can expect when faced with one.
What is a Level 2 Background Check?
A Level 2 background check is an in-depth screening that includes a national fingerprint-based check and a thorough review of an individual’s criminal history record. In Florida, especially in cities like Tampa, this type of check is crucial for positions that involve significant responsibility, such as those working with children or vulnerable adults.
Unlike standard background screenings, Level 2 checks can verify not only criminal history but also conduct education and credentials verification, ensuring candidates meet specific qualifications for employment.
This rigorous hiring process helps protect Florida communities by ensuring that individuals in critical roles have undergone a comprehensive screening for their criminal, education, and employment history.
Level 1 vs Level 2 Background Check
Level 1 and Level 2 background checks differ significantly in scope and detail, especially when it comes to employment screening.
A Level 1 background check typically includes an employment history check, a basic criminal history report, and sometimes a credit history review. This is often sufficient for most employers conducting screenings for entry-level positions or new hires in less sensitive roles.
Meanwhile, a Level 2 background check is more in-depth, gathering additional information such as a comprehensive criminal history, national fingerprint-based records, and address verification, which offers a deeper look at a candidate’s past.
Level 2 checks are preferred for roles requiring high trust. They may also provide verification of resume details and a thorough review of all criminal and employment histories, making them essential for more sensitive positions.
Who Requires a Level 2 Background Check in Florida?
In Florida, a Level 2 background check is mandated for various positions that involve working closely with vulnerable populations, such as children, the elderly, or individuals with disabilities.
These checks are essential in the hiring process for healthcare workers, child care providers, and social services professionals, ensuring the safety of those in direct contact with service providers.
Many government agencies also require Level 2 background screening for roles that provide access to sensitive information or direct care services.
In the private sector, employers in industries like education, healthcare, and public safety often use Level 2 background checks for employment purposes to thoroughly vet candidates and maintain a safe environment.
What Does a Level 2 Background Check Consist Of?
Conducting a Level 2 background check involves detailed FBI fingerprinting and a wide-reaching search across national criminal databases, providing a thorough review of an individual’s background.
These background checks reveal details such as arrest records, criminal convictions, and incarceration history, ensuring employers have access to critical information about any prior offenses.
Unlike standard background checks, Level 2 screenings extend beyond local databases to include a national check, which can uncover potential crimes committed in other states.
This process screens for offenses such as sexual misconduct, homicide, vulnerable adult abuse, and other types of serious criminal activity, helping to protect vulnerable populations and maintain high standards of safety and trust.
Does a Level 2 Background Check Consist of a Drug Test?
A Level 2 background check does not generally include drug testing, as it primarily focuses on thoroughly screening an applicant’s criminal history and credentials.
However, many employers and agencies do require a separate drug test to be conducted in addition to a background check. By combining both types of screening, employers can gain a more comprehensive understanding of an employee’s suitability, ensuring that applicants meet all necessary standards for responsible and safe workplace conduct.
Will a Sealed Record Show Up on a Level 2 Background Check?
In most cases, sealed or expunged records will not appear on a Level 2 background check, as state law generally protects these records from standard employment background screenings.
This allows a person with sealed or expunged offenses to proceed in the hiring process without those past records affecting their employment eligibility.
However, depending on the date and specific job requirements, certain disqualifying offenses may still be accessible under limited circumstances. For most employees though, a sealed record won’t impact their background check results.
Can You Pass a Level 2 Background Check With a Felony?
Passing Level 2 background checks with a felony depends on the job requirements and the criminal history details. Federal offenses and certain felonies are often classified as disqualifying offenses, especially for roles that require high levels of trust or direct contact with vulnerable populations.
While some misdemeanors may not impact eligibility, a felony on a criminal record can be more challenging to overcome. Level 2 background checks are thorough, examining criminal records in-depth, which means the offense’s nature, date, and specifics play a significant role in employment decisions.
In some cases, certain records may not disqualify a person from employment if they don’t meet the position’s mandatory exclusion criteria.
How Far Back Does a Level 2 Background Check Go in Florida?
In many cases, the time since conviction and evidence of rehabilitation will play a role in the hiring process, as employers may weigh how much time has passed when assessing suitability for a position. In Florida, Level 2 background checks typically examine up to seven years of an individual’s criminal records, in line with the Fair Credit Reporting Act.
For positions paying more than $75,000 annually, the check can extend an additional seven years, providing an even more in-depth review of the applicant’s background.
Negative information such as bankruptcies, however, can appear on reports for up to 10 years, potentially impacting eligibility for certain roles.
What Disqualifies You From a Level 2 Background Check?
A Level 2 background check may automatically disqualify individuals with certain criminal offenses on their record, particularly those considered serious or high-risk.
Disqualifying offenses typically include felony convictions, violent crimes, sexual misconduct, drug trafficking, and other criminal offenses related to public safety.
How Long Does a Level 2 Background Check Take?
Level 2 background checks typically take anywhere from 3 to 5 business days to complete, although the timeframe can vary. The employer and other providers rely on agencies to process the applicant’s information, including an ORI number (Originating Agency Identifier) and fingerprints, which are key to obtaining accurate results.
Delays may occur if fingerprints are incomplete or smudged, requiring a re-submission. Additional screenings, such as verifying out-of-state records, can also extend the timeline.
In urgent cases, some agencies offer expedited services to help employers quickly obtain the information they need to make timely hiring decisions.
How Long is a Level 2 Background Check Good For?
In Florida, a Level 2 background screening is generally valid for five years for individuals in positions that require regular renewals, such as those working with children, elderly individuals, or other professions that require you to obtain sensitive information.
After five years, a new background check is required to ensure no recent disqualifying offenses could affect eligibility.
This renewal process helps maintain high safety standards. Regular background checks are essential in upholding the integrity and trust associated with sensitive positions in Florida.
How To Pass a Level 2 Background Check
For job applicants in Tampa, Florida, passing a Level 2 background check can sometimes involve addressing incorrect information that appears on the report. If a screening reveals errors, employees have the right to dispute these findings with the reporting department. This generally refers to correcting mistakes related to criminal history, identity, or outdated information that could unfairly impact eligibility.
Individuals facing negative background check outcomes have recourse to appeal or request further review, helping ensure that only accurate information influences hiring decisions. Legal representation can be invaluable in navigating these disputes, as an attorney can help ensure that your rights are protected and that corrections are made efficiently.
A criminal defense attorney can also play a vital role in helping you expunge or seal your criminal record, which is especially important when applying for jobs that require a Level 2 background check. Expungement or record sealing can remove certain offenses from public records, meaning potential employers conducting a background check won’t see those past charges.
An experienced Tampa expungement attorney like Andrew Buda of Buda Law can help guide you through the eligibility requirements, handle the complex legal paperwork, and advocate on your behalf to ensure the best possible outcome. This legal assistance can significantly improve your chances of passing a Level 2 background check and securing employment.
Do You Need a Lawyer if You Fail a Level 2 Background Check?
Anticipating the results of a Level 2 background check in Florida can feel overwhelming, especially when criminal charges threaten your future opportunities. The best way to avoid an adverse outcome is to address any potential charges head-on with a strong and proactive defense.
At Buda Law, we understand what’s at stake for your career, reputation, and freedom. With an experienced criminal defense attorney like Andrew Buda by your side, you can take decisive steps to fight the charges and protect your record. Together, we’ll fight to protect your rights and secure the best possible outcome for your case – call Buda Law at (813) 322-2832 or reach out online today for a free consultation.