A Level 2 Background Check in Florida is more than just a routine screening; it’s a thorough investigation into your criminal history. This background check is typically required for individuals seeking employment in positions of trust, especially in fields like healthcare, education, and working with vulnerable populations.
If you’re applying for such positions, knowing what disqualifies you from passing a Level 2 Background Check in Florida is crucial.
In this post, we’ll explore the disqualifying offenses and why this check matters.
What Is a Florida Level 2 Background Check?
A Level 2 Background Check in Florida is a fingerprint-based criminal history screening, which includes both state and national checks. This is required for individuals applying for positions of trust, such as those in healthcare, childcare, and elder care. Unlike Level 1 checks (which are name-based), Level 2 checks involve fingerprinting and access to records across states, offering a more comprehensive overview of an individual’s criminal history.
This check ensures that individuals who work in sensitive positions are thoroughly vetted, protecting the safety of children, the elderly, and other vulnerable populations. But what exactly can disqualify you?
Florida Level 2 Background Check Disqualifying Offenses
The Florida Statutes under Chapter 435 outline specific offenses that can disqualify someone from passing a Level 2 Background Check. Here’s a breakdown of the most significant offenses:
1. Sexual Misconduct
Sexual misconduct with developmentally disabled clients, mental health patients, or elderly individuals (Florida Statutes: Sections 393.135, 394.4593, 415.111).
Any form of sexual battery (Section 794.011) or unlawful sexual activity with minors (Section 794.05) disqualifies applicants from working in positions of trust.
2. Violent Crimes
Any involvement in violent offenses such as murder (Section 782.04), manslaughter (Section 782.07), or aggravated manslaughter of a child or elderly person.
Felony-level assault or battery, especially if the victim was a minor (Section 784.011 and 784.03).
3. Kidnapping and False Imprisonment
Offenses such as kidnapping (Section 787.01), luring or enticing a child (Section 787.025), or false imprisonment (Section 787.02) are severe disqualifiers.
4. Drug-Related Offenses
Felony drug offenses are a common disqualifier. Fraudulent sale of controlled substances (Section 817.563) and involvement in drug trafficking or distribution are offenses that can prevent you from passing a Level 2 check.
5. Theft and Fraud Crimes
Significant theft offenses such as robbery and burglary (Sections 812 and 810.02) are red flags, especially if they involve vulnerable populations. Similarly, fraud-related crimes, especially those involving the elderly, can disqualify an individual.
6. Child Abuse and Exploitation
Child abuse, aggravated child abuse, and child neglect (Section 827.03) are severe disqualifying offenses. Additionally, involvement in sexual performance by a child (Section 827.071) is a disqualifier.
7. Exploitation of the Elderly or Disabled
Exploiting elderly or disabled individuals, whether financially or physically (Section 825.103), can prevent someone from working in a healthcare or eldercare setting.
8. Firearms and Dangerous Weapons Offenses
Bringing weapons or firearms within 1,000 feet of a school (Section 790.115) or possessing weapons on school property can be grounds for disqualification, particularly for roles in education.
Can You Be Exempt from Disqualification?
In some cases, Florida law allows for exemptions from disqualification under Section 435.07. Individuals with certain disqualifying offenses may apply for an exemption if they meet specific criteria, such as rehabilitation and time since the offense occurred. However, serious offenses like those related to sexual misconduct, child abuse, and violent crimes are typically ineligible for exemption.
Why Passing a Level 2 Background Check Matters
Florida’s strict guidelines for Level 2 Background Checks are designed to protect vulnerable groups and ensure that individuals in positions of trust are free from serious criminal histories. For employers, this screening helps mitigate risk and comply with state regulations, especially in industries like healthcare, childcare, and eldercare.
For individuals, passing a Level 2 Background Check can be the key to unlocking employment opportunities in these sensitive areas. If you are concerned about your eligibility, it’s essential to understand the disqualifying offenses and seek legal advice if necessary.
How IDENTICO Can Help?
At IDENTICO, we specialize in Level 2 Background Checks for a variety of industries in South Florida. Whether you’re an individual needing a check for employment or an employer ensuring compliance, we offer fast, reliable fingerprinting services. Our state-of-the-art equipment ensures that your fingerprints are submitted accurately and securely to the Florida Department of Law Enforcement (FDLE) and the Federal Bureau of Investigation (FBI) for screening.
Visit us at our convenient West Park, FL location, or contact us today to schedule your Level 2 Background Check. Our experienced team is here to answer any questions and guide you through the process.
If you need more information about Level 2 Background Checks in Florida, or you’re ready to schedule your appointment, call us today at 954-239-8590 or visit us at our West Park location. We’re here to help you every step of the way!
Conclusion
A Florida Level 2 Background Check is a thorough screening process, and understanding the disqualifying offenses can help you prepare. While some offenses may allow for an exemption, it’s essential to approach this process seriously and choose a trusted provider like IDENTICO for your background check needs. Stay informed and protect your future by understanding what could disqualify you from passing this critical screening.
Frequently Asked Questions
1. What disqualifies you from a Level 2 Background Check in Florida?
Several disqualifying offenses can prevent you from passing a Level 2 Background Check in Florida. These include:
- Sexual offenses: Such as sexual battery, unlawful sexual activity with minors, and lewd and lascivious behavior.
- Violent crimes: Including murder, manslaughter, and aggravated assault or battery.
- Kidnapping or false imprisonment.
- Child abuse or neglect.
- Elder or disabled person exploitation.
- Felony drug offenses.
These offenses, among others, make you ineligible for employment or licensure in sensitive roles.
2. Can I be exempt from a disqualification?
Yes, in some cases, you can apply for an exemption from disqualification. To qualify, at least two years must have passed since completing the sentence for a felony. Additionally, you must show proof of rehabilitation and that you are not a risk to the population you would work with. However, certain offenses like sexual crimes and violent felonies generally do not qualify for exemptions.
3. How far back does a Level 2 Background Check go?
A Level 2 Background Check usually goes back seven years, but this can vary depending on the offense and state laws. In cases of serious crimes like felonies, records can extend further back.
4. Will a sealed or expunged record show up in a Level 2 Background Check?
In most cases, sealed or expunged records do not appear. However, under certain circumstances, sealed records can be accessed, especially if you’re applying for sensitive roles, such as jobs in national security or childcare.
5. Can I perform a Level 2 Background Check on myself?
No, individuals cannot perform a Level 2 Background Check on themselves, as it requires fingerprint submission through state repositories and access to federal databases.
6. What are some other reasons I could fail a Level 2 Background Check?
- False information on your application regarding education, employment history, or credentials.
- A failed drug test.
- A damaged driving record, especially if driving is part of the job.
7. How long does it take to complete a Level 2 Background Check?
Typically, it takes anywhere from three to seven business days to process a Level 2 Background Check. However, the time can vary depending on the complexity of your background.
