Levels of Background Checks: What Level 1 and Level 2 Mean, and When the Term Is Just Marketing

What are the levels of background checks?

The terms Level 1 and Level 2 come from Florida law. Chapter 435 of the Florida Statutes sets two screening standards for jobs where a Florida law requires a background check:

• Level 1 (§ 435.03) is a name-based screening: employment history, a statewide criminal records check through the Florida Department of Law Enforcement (FDLE), and a national sex offender website check.
• Level 2 (§ 435.04) is a fingerprint-based security background investigation that adds an FBI national criminal history check.

Outside Florida’s statute, “levels” don’t have a fixed legal meaning. Federal background check law, the Fair Credit Reporting Act, does not define levels at all. When a screening company sells a “Level 3” or “basic” or “premium” check, those are its own package names, and what each includes varies from company to company.

Level 1 vs. Level 2 background checks in Florida

Level 1 screening

Section 435.03 says employees required by law to be screened under Level 1 must undergo screening as a condition of employment and continued employment. Level 1 includes employment history checks, statewide criminal correspondence checks through FDLE, and a check of the Dru Sjodin National Sex Offender Public Website, and may include local criminal records checks through local law enforcement agencies.

A Level 1 check doesn’t use fingerprints and doesn’t include an FBI search. Because it is name-based, it relies on matching names and other identifiers to records.

Level 2 screening

Section 435.04 describes Level 2 as a “security background investigation.” It requires fingerprinting for statewide criminal history checks through FDLE and national criminal history checks through the FBI, with the fingerprints submitted electronically to FDLE, along with local criminal records checks and a search of the sexual predator and sexual offender registries of any state where the person lived during the preceding five years. The statute says the investigation “includes, but is not limited to” these searches, so they are a minimum.

Who needs a Level 2 background check?

Chapter 435 doesn’t list jobs by itself. Under § 435.01, it applies whenever a background screening for employment or a background security check is required by law and is to be conducted under the chapter. Other Florida laws decide which positions need Level 1 or Level 2 screening. The chapter’s definitions point to the purpose: § 435.02 defines a “vulnerable person” as a minor or a vulnerable adult, and § 435.06 bars an employer from allowing a screened employee to have contact with vulnerable persons until screening is complete and shows no disqualifying grounds, unless an exemption applies.

If you’re applying for a position and aren’t sure whether it requires Level 1 or Level 2 screening, ask the employer which law requires it.

What disqualifies you on a Level 2 check?

Section 435.04(2) lists the offenses that disqualify a person, which include being found guilty of, or pleading guilty or no contest to, a listed offense, as well as an arrest awaiting final disposition for one. The list is long and covers offenses such as murder, manslaughter, sexual offenses, abuse or neglect of children or vulnerable adults, and certain fraud and drug offenses, along with similar offenses under other jurisdictions’ laws. Section 435.04(3) adds offenses that constitute domestic violence.

Exemptions

A disqualification isn’t always permanent. Under § 435.07:

• The head of the appropriate agency or qualified entity may grant an exemption for certain disqualifying offenses.
• For a felony, at least two years must have passed since the person completed or was released from confinement, supervision or other court-imposed nonmonetary conditions.
• The applicant must show by clear and convincing evidence that they should not be disqualified. The decision-maker may consider the circumstances of the offense, the time since it happened, the harm to the victim, the person’s history since, and any other evidence that the person won’t pose a danger.
• Some people are not eligible for an exemption, including sexual predators and certain sexual offenders.

“Levels” outside Florida

Elsewhere, you’ll see “level” used informally. A company may call a basic criminal search one level and a package with employment verifications and a credit report another. Those labels have no legal effect. What matters under federal law is the type of report and who prepares it:

• A consumer report from a background check company is covered by the FCRA, including its accuracy, dispute and time-limit rules. Under § 1681c, for example, non-conviction records generally can’t be reported after seven years, though convictions can be reported regardless of age. See how far back a background check goes.
• An investigative consumer report is a specific FCRA category under § 1681a(e): one that gathers information on your character, reputation, personal characteristics or mode of living through personal interviews with neighbors, friends, associates or others. Under § 1681d, an employer ordering one must tell you in writing within three days after first requesting it, and on your written request must disclose the nature and scope of the investigation within five days.

So if an employer says it ran a “Level 3” check, ask which company prepared it and get a copy. The label tells you little; the report tells you what was searched and what was found.

What if a Level 1 or Level 2 check is wrong?

Errors happen in fingerprint and name-based checks alike: a record that belongs to someone else, an arrest without its dismissal, a charge reported as a different offense. What to do depends on where the error comes from:

• Fix the underlying record at the source. Florida’s Level 1 and Level 2 searches run through FDLE and, for Level 2, the FBI. If the government record itself is wrong or incomplete, such as a missing disposition, the court or agency that created it is the place to correct it.
• If a private background check company prepared the report, you can dispute it with that company under the FCRA. It generally must reinvestigate within 30 days and correct or delete inaccurate or unverifiable information under § 1681i. See how to dispute a background check report.
• If you’re disqualified for an offense that can be exempted, ask about the exemption process under § 435.07.

Learn more on our background check errors page.

Get a free case review

If a background check company reported a record that isn’t yours, was dismissed, or was too old to report, and it cost you a job, talk to an FCRA lawyer. The case review is free, and we work on contingency: no fee unless we win.

Do not wait too long. Under 15 U.S.C. § 1681p, an FCRA lawsuit generally must be filed within two years after you discover the violation, and no later than five years after the violation occurred.

Frequently asked questions

What is a Level 1 background check?

Under Fla. Stat. § 435.03, Level 1 screening includes employment history checks, statewide criminal correspondence checks through the Florida Department of Law Enforcement, and a check of the Dru Sjodin National Sex Offender Public Website. It may also include local criminal records checks. It does not require fingerprints.

What is a Level 2 background check?

Under Fla. Stat. § 435.04, Level 2 screening is a security background investigation that includes fingerprinting for statewide criminal history checks through FDLE and national checks through the FBI, local criminal records checks, and a search of the sexual predator and sexual offender registries of any state where the person lived in the prior five years.

Who needs a Level 2 background check?

People in positions where a Florida law requires screening under Chapter 435 at Level 2. Section 435.01 says the chapter applies whenever a law requires background screening for employment and the screening is to be conducted under the chapter. The specific jobs are set by the laws that require the screening, often roles involving children or vulnerable adults.

Can you pass a Level 2 background check with a felony?

It depends on the offense. Chapter 435 lists disqualifying offenses. For some, a person may ask the head of the agency for an exemption; for felonies, at least two years must have passed since the sentence or supervision was completed, and the applicant must show by clear and convincing evidence that they should not be disqualified. Some offenses can't be exempted.

Are background check levels the same in every state?

No. Florida's Level 1 and Level 2 are defined by Florida statute. Outside that context, the FCRA does not define levels; screening companies use names like basic, standard or level 3 for their own packages, and what they include varies by company.

Sources

• Florida Statutes, Chapter 435, Employment Screening (Online Sunshine)
• Fla. Stat. § 435.01, applicability (Florida Senate)
• Fla. Stat. § 435.02, definitions (Florida Senate)
• Fla. Stat. § 435.03, Level 1 screening standards (Florida Senate)
• Fla. Stat. § 435.04, Level 2 screening standards (Florida Senate)
• Fla. Stat. § 435.06, exclusion from employment (Florida Senate)
• Fla. Stat. § 435.07, exemptions from disqualification (Florida Senate)
• 15 U.S.C. § 1681a, definitions (Cornell LII)
• 15 U.S.C. § 1681d, investigative consumer reports (Cornell LII)
• 15 U.S.C. § 1681c, requirements relating to information in reports (Cornell LII)
• 15 U.S.C. § 1681i, procedure in case of disputed accuracy (Cornell LII)
• 15 U.S.C. § 1681p, time limit to sue (Cornell LII)

Updated November 2026. This page is general information, not legal advice.