Written by Background Check Repair
Background Checks | May 28, 2024
Table of Contents
Background checks are plenty confusing as it is and many will be wondering what the level 2 background check disqualifying offenses in Florida are.
Although many background check services break down the different kinds of checks they perform into different levels, only the state of Florida makes a legal distinction between the levels.
In fact, Florida outlines a list of 43 disqualifying offenses that will automatically cause a failed background check on a level 2 check, which is used for a number of professional industries.
This guide can be used, along with a background check on yourself, to find out if there are any charges or conviction records that need to be addressed.
Florida is currently the only state to make a legal distinction1 between different kinds of background checks. Along with this distinction are several adjacent background check related laws as well, in addition to those mandated by the FCRA.2
One of the main reasons the legal distinction was made is to allow for an official list of level 2 background checks disqualifying offenses in Florida. Since the state mandates that certain types of jobs require a level 2 background check, the state is also able to mandate an extensive list of crimes that will automatically disqualify individuals from gaining certain jobs.
This may sound intimidating but there are a few things to keep in mind. The first is that a level 2 background check is relatively uncommon. The vast majority of jobs will only require the less extensive level 1 background check that will be discussed later. Jobs that require a level 2 background check are generally in industries where more extensive and thorough background checks are already the norm.
Although the state of Florida does not have a defined list of industries, some of the common legal phrases used to describe when a level 2 background check is required is “ significant level of responsibility.” Generally, this means working with either sensitive groups or sensitive information.
Since sensitive groups usually refer to the ill, the elderly, and to children, all jobs that work with any of these groups will require a level 2 background check of all their employees. Virtually any job that is healthcare-related or any job that works with children such as a daycare employee, or school teacher will also require a level 2 background check as well.
Unlike a level 1 background screening which is usually performed in order for a company to protect its own assets, level 2 background checks are performed to protect other individuals. For this reason, the list of disqualifying offenses generally has to do with crimes that involve the harm or potential harm of another individual. This will be slightly different than the disqualifying offenses for a major company like Home Depot or Walmart.
While a major retailer may see misdemeanor theft convictions as a major red flag, these kinds of offenses are not what a level 2 background check aims to find. The full list of disqualifying offenses is listed below as defined by the Florida State Legislature.3
| Level 2 Background Check Disqualifying Offenses Florida | Disqualification Notes |
| 1. Sexual misconduct with the developmentally disabled | Always results in Failure |
| 2. Sexual misconduct with certain mental health patients | Always results in Failure |
| 3. Adult abuse, neglect, exploitation of aged persons | Always results in Failure |
| 4. Conspiracy to commit murder, manslaughter, or assault | Always results in Failure |
| 5. Murder | Always results in Failure |
| 6. Manslaughter, Aggravated manslaughter of an elderly person, disabled person, or child | Always results in Failure |
| 7. Vehicular homicide | Always results in Failure |
| 8. Murder of an unborn child by injuring the mother | Always results in Failure |
| 9. Felony assault, battery, and culpable negligence | Always results in Failure |
| 10. Assault and battery of a minor | Always results in Failure |
| 11. Kidnapping | Always results in Failure |
| 12. False Imprisonment | Always results in Failure |
| 13. Luring or enticing a child | Always results in Failure |
| 14. Taking, enticing, or removing a child beyond state limits with criminal intent pending custody proceedings | Always results in Failure |
| 15. Exhibiting a weapon within 1,000 feet of a school | Always results in Failure |
| 16. Possession of a weapon on school property | Always results in Failure |
| 17. Sexual battery | Always results in Failure |
| 18. Prohibited acts with a person in familial or custodial authority | Always results in Failure |
| 19. Unlawful sexual activity with a minor | Always results in Failure |
| 20. Prostitution | Always results in Failure |
| 21. Lewd and lascivious behavior | Always results in Failure |
| 22. Indecent exposure | Always results in Failure |
| 23. Arson | Always results in Failure |
| 24. Burglary | Always results in Failure |
| 25. Felony voyeurism & video voyeurism | Always results in Failure |
| 26. Felony theft | Always results in Failure |
| 27. Felony fraudulent sale of a controlled substance | Always results in Failure |
| 28. Abuse, aggravated abuse, or neglect of elderly persons | Always results in Failure |
| 29. Lewd or lascivious behavior committed in the presence of an elderly person or disabled adult | Always results in Failure |
| 30. Felony exploitation of an elderly person or disabled adult | Always results in Failure |
| 31. Incest related felonies | Always results in Failure |
| 32. Child abuse, aggravated child abuse, or neglect of a child | Always results in Failure |
| 33. Contributing to the delinquency or dependency of a child | Always results in Failure |
| 34. Negligent treatment of a child | Always results in Failure |
| 35. Crimes related to sexual performance by a child | Always results in Failure |
| 36. Crimes related to resisting arrest with violence | Always results in Failure |
| 37. Crimes relating to aiding in an escape | Always results in Failure |
| 38. Crimes related to aiding in the escape of a juvenile inmate | Always results in Failure |
| 39. Crimes related to obscene literature | Always results in Failure |
| 40. Crimes related to recruiting another to join a criminal gang | Always results in Failure |
| 41. Crimes related to harboring, concealing, or aiding an escaped prisoner | Always results in Failure |
| 42. Sexual misconduct in juvenile justice programs | Always results in Failure |
| 43. Introducing contraband into a correctional facility | Always results in Failure |
The level 2 background check disqualifying offenses, Florida, is one of the most extensive lists of disqualifiers for any kind of background check. The list of disqualifiers and the other adjacent Florida background check laws apply not only to new employees but to existing employees as well. The state of Florida also requires employers to terminate employment for any existing employee that has been convicted of the crimes listed above.
Keep in mind that the above list of disqualifying offenses isn’t quite as rigid as it may seem. The Florida State Legislature also has a lengthy and complex list of exceptions that can be made in various circumstances. This is not always possible and shouldn’t be depended on in most cases but there are very specific circumstances that can allow for certain convictions to be overlooked.
The exemptions for disqualification can be found in the Florida legal statutes3 in section 435.07.
Although there is a long list of possible exceptions based on a variety of circumstances such as the nature of the crime, how much time has elapsed, and felonies that are now considered misdemeanors, there is also a list of crimes that do not qualify for exemption under any circumstances.
With all that being said the best thing to do is to run a background check on yourself as soon as possible. This will allow individuals to be prepared for the official background check and take the necessary steps to prepare for any questions that may come up about their criminal history. This will also allow individuals to examine deeper the intricacies of the Florida background check laws to see if they have something on their criminal record that is on the disqualification list and if they do if there is also grounds for an exemption to be granted.
A level 2 background check is a fingerprint-based criminal history check, criminal history for the state of Florida as well as criminal history for anywhere in the United States will turn up on a level 2 background check.
What is looked for will depend specifically on the job that is being applied for, however, there is already a lengthy list of disqualifiers that is outlined by Florida state law. However, there may be additional disqualifiers based on the industry, position, etc.
Florida does not follow the seven-year rule that is being adopted by many states. This means that technically, a background check can go back indefinitely. Although it is common for a level 1 background check to only go back 7-10 years, individuals can expect a level 2 background check to return criminal history information from their entire life.
The level 1 background check is far less extensive than a level 2 background check. While a level 2 background check is a national fingerprint-based background check,4 a level 1 is a name-based background check. Level 1 background checks will usually only return criminal history information that is found at the state and county level.
Despite this background check is less intensive, it has the same list of disqualifiers as a level 2 background check, with one additional disqualifier.
| Level 1 Background Check Disqualifying Offenses | Disqualification Notes |
| Domestic Violence | Always results in Failure |
Domestic violence is mentioned specifically in the Florida legal statutes regarding level 1 background checks. Keep in mind that it is possible to gain an exemption from this crime in certain circumstances, so long as the job does not involve child care.
The Florida level 1 background check statute is almost identical to the level 2 statute. As mentioned, the only difference between a level 1 background check and a level 2 background check in the state of Florida is how intensive the background check itself is and what positions and industries require which level of check.
The same type of information that is looked for as part of a level 2 background check is also checked as part of Florida’s level 1 background check. The only difference is that fewer databases will be checked, compared to the level 2 background check.
A level 1 background check consists of a name-based check of criminal history databases in the state of Florida, as well as checks at the local level wherever the background check is taking place. Beyond this, sex offender registries are the only other criminal history check that will be performed as part of a level 1 check.
Florida has no limits for how far back a background check will go, therefore a level 1 background check can go back indefinitely. In the case of a level 1 background check it is highly likely that it will include criminal history information that is available for the individual’s entire life, with the exception of anything that has been sealed or expunged.
Although the term level 3 background check is something that many individuals may have heard, in the state of Florida there is no legal distinction between a level 1 and level 2 background check. In many cases when individuals are referring to a level 3 background check, they are referring to some unique background checks that are more intensive than a level 2 background check.
While a level 2 background check consists of a federal fingerprint-based criminal history check, some jobs will require additional checks that are fairly uncommon in most industries. Checking unique databases, drug screenings, references, and character checks are all possible checks that can be performed as part of a level 3 background check.
Keep in mind that even in the case of a level 3 background check, the same level 2 background check disqualifying offenses in Florida, will apply.
There is no official statute for level 3 background checks as the state of Florida only makes a legal distinction for levels 1 and 2. However, it is safe to assume that undergoing a level 3 background check will carry the same disqualifiers as a level 2, as well as additional disqualifiers based on the nature of the position being applied for.
The information searched for on a level 3 background check will include all the information on a level 1 and 2 background check, as well as any additional checks that are being performed. Since there is no legal definition of a level 3 background check in the state of Florida, each individual background check service will have its own definition as well as its own unique set of checks for the background check. This can include drug screenings, reference checks, or social media checks.
A level 3 background screening can go back indefinitely as Florida has no laws regarding how far back a background check can go.
Although the state of Florida makes an official distinction between a level 1 and level 2 background check, they are the only ones to do so.
Many background check services will have numerous levels of background checks, based on the unique needs of businesses.
There are tons of different background checks but the specific checks performed during level 1 and level 2 checks in Florida will encompass the same checks as the vast majority of pre-employment background checks. Basic criminal history checks will always be a standard background check procedure and aside from identity verification.
Background checks can be a cause of stress, especially when individuals don’t know what to expect. Although intensive, Florida has tons of detailed information to help individuals prepare and know exactly the level 2 background check disqualifying offenses in Florida is.
Disqualifiers on a background check will be up to the company that is hiring in most cases. There are laws at the state and federal levels that mandate disqualifiers for certain industries.
A Florida background check will include state and county criminal history at a bare minimum. Sex offender registries and national criminal history are also common checks, but the main difference is that a level 1 check is usually based on a name and social security number (like a tenant check) while a level 2 check will employ fingerprints to scan state and federal criminal history records.
There is an extensive list of disqualifiers for a level 2 background check. In general most violent offenses and most crimes involving children, disabled persons, or the elderly will be disqualifiers, but in some cases, any felony or misdemeanor related to the work that will be conducted in employment (such as a reckless driving charge) will disqualify a person.
Yes, many misdemeanors will be overlooked on a level 2 background check, but not all of them.
A level 2 background check for healthcare workers will include the same criminal history checks as well as checks of additional databases such as abuse and neglect registries, and pharmaceutical related registries, using fingerprints to scan national criminal databases.
Passing a level 2 background check with a felony will depend on the felony itself and a number of other factors. Although possible, individuals will likely need to rely on the Florida state legislatures list of exemptions in order to pass.
A level 2 background check is performed using online databases. Individuals will need to complete the fingerprinting portion of the check-in person.
Florida level 2 background checks can go back indefinitely, as there are no laws regarding how far back a background check can go in Florida.
1Florida Department of Law Enforcement. (2022). Criminal History Record Check. Definitions. Retrieved July 01, 2022, from <https://www.fdle.state.fl.us/Background-Checks/VECHS-FAQs/Definitions.aspx>
2Federal Trade Commission Protecting America’s Consumers. (2022). Fair Credit Reporting Act. Statutes. Retrieved June 28, 2022, from <https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act>
3Online Sunshine. (2022). The 2021 Florida Statutes. The Florida Legislature. Retrieved July 01, 2022, from <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0 99/0435/0435.html>
4FBI Federal Bureau of Investigation. (2022). Identity History Summary Checks. Services. Retrieved June 28, 2022, from <https://www.fbi.gov/services/cjis/identity-history-summary-checks>
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