A Level 2 background check is a more in-depth variation of the typical background screening process, commonly used by companies and organizations to ensure safety in roles that require a higher level of trust. Unlike basic background checks, this type of screening delves into both state and federal records, providing a more comprehensive view of an individual’s history. In this article, we’ll explore what a Level 2 background check involves, when it’s used, and how it helps enhance workplace safety.
What is a Level 2 Background Check?
A Level 2 background check is a comprehensive screening process that uses fingerprints to search someone’s criminal history in both state and federal criminal records. It’s often required for jobs involving trust or sensitive roles, such as those in healthcare, education, childcare, and positions that involve working with vulnerable groups like the elderly or individuals with disabilities.
Unlike standard background checks, which might only involve a name-based search of local databases, Level 2 checks are more thorough. They scan databases like the FBI’s National Crime Information Center (NCIC) and other state repositories to uncover past criminal activity. These checks can reveal both serious and minor offenses, including arrests, charges, convictions, and even cases that were sealed or expunged, depending on state laws.
Level 2 background checks are commonly used to screen applicants for positions where there’s a higher risk of harm if the wrong person is hired. They focus on identifying crimes like:
- Violent crimes (e.g., assault, battery)
- Sexual offenses (e.g., sexual assault, child molestation)
- Drug-related offenses
- Financial crimes (e.g., fraud, embezzlement)
- Crimes involving vulnerable populations (e.g., elder abuse, child endangerment)
The process often requires the individual to provide fingerprints, which are electronically submitted for a thorough criminal history search. The results can be used by employers or licensing agencies to determine whether the individual is qualified to work in certain sensitive roles, and some states have specific disqualifying offenses that automatically prevent an applicant from being hired.
Level 2 background checks are typically regulated by state and federal laws, and some positions are mandated by law to require this level of scrutiny. They ensure a more detailed vetting process to protect the safety and well-being of those who may be at risk.
What is a Level 2 Background Check in Florida?
Level 2 background checks are linked specifically to the state of Florida because Florida has defined legal standards and specific requirements for this type of background screening. Under Florida law, a Level 2 background check is mandated for individuals in certain positions of trust, particularly those working with vulnerable populations, such as children, the elderly, or people with disabilities. These checks are required for roles in sectors like healthcare, childcare, education, and government, as outlined in the state’s statutes, particularly in Chapter 435 of the Florida Statutes.
Florida’s emphasis on Level 2 background checks stems from its efforts to protect at-risk groups by ensuring that individuals with access to sensitive environments undergo a thorough vetting process. The state’s legal framework specifies which offenses are disqualifying and requires fingerprint-based checks that search both state and federal criminal databases, including those maintained by the FBI.
Other states may use similar levels of background checks, but Florida’s legal system has made Level 2 a formalized and well-known term in its hiring and licensing processes. This is why many discussions on the topic specifically reference Florida, even though the concept exists in various forms in other jurisdictions.
What Does a Level 2 Background Check Show?
A Level 2 background check provides a comprehensive overview of an individual’s criminal history and other relevant information. Here’s a detailed look at what a Level 2 background check typically reveals:
- State and federal Criminal History: the check includes searches of state databases for any criminal offenses. This may reveal arrests, charges, and convictions related to various crimes, such as misdemeanors and felonies. It also searches federal databases to uncover any serious offenses that fall under federal jurisdiction, including drug trafficking, fraud, and certain violent crimes.
- Fingerprint Verification: a Level 2 check uses the individual’s fingerprints to ensure accurate identification. This process helps link an individual to their criminal records, reducing the chances of mistakes that can occur with name-based searches.
- Arrests and Charges: the check provides detailed information about any arrests, including ongoing cases, charges that may not have led to a conviction, and any outcomes related to those arrests.
- Convictions: any past convictions will be documented, including details about the nature of the crime, the date of conviction, and sentencing information. This is crucial for employers assessing the suitability of a candidate for a specific role.
- Disqualifying Offenses: certain offenses may automatically disqualify an individual from specific positions, especially those involving vulnerable populations. For example, sexual offenses, child abuse, and violent crimes are often included in this category.
- Sealed or Expunged Records: depending on state laws, a Level 2 background check may reveal records that have been sealed or expunged, although this can vary. Some states have regulations on what information can be disclosed.
- Professional Licensing Verification: in some cases, the check may include verification of professional licenses. This is especially important for roles in healthcare, education, and other licensed professions.
- Employment History and References (if applicable): while not always included in a standard Level 2 check, some organizations may opt to verify employment history and references to confirm the candidate’s qualifications and experience.
- Potential Flags for Adverse Action: if the background check uncovers serious issues, the results may include flags that employers must consider when making hiring decisions. Employers are typically required to inform candidates if adverse action is taken based on the findings.
What is the Difference Between Level 1, Level 2 and Level 3?
The levels of background checks vary depending on the depth of information required, and each level builds on the previous one to offer increasingly detailed insights. Here’s a breakdown of what each level reveals and when it is typically used:
Level 1 Background Check
Level 1 background checks are the most basic form of screening. They usually involve verifying an individual’s identity through their name, date of birth, and Social Security Number (SSN). Additionally, a name-based search of local criminal records is conducted to check for any past convictions or charges in the area where the person resides. These checks are often used for entry-level positions or jobs that don’t involve significant trust or access to vulnerable populations.
Level 2 Background Check
Level 2 background checks provide a more comprehensive screening, incorporating both state and federal criminal records. This process uses fingerprints to access more accurate databases, including those maintained by the FBI. Level 2 checks not only cover criminal history within the state but also nationwide, identifying arrests, charges, and convictions that may not appear in local searches. This level is commonly required for jobs involving vulnerable populations, such as in healthcare, education, or childcare, where the risk to safety is higher.
Level 3 Background Check
Level 3 background checks go even further by including employment history, education verification, and often a credit check. These checks ensure that the person’s past work experience and qualifications align with what they’ve claimed. This level is typically reserved for executive-level positions or jobs in industries like finance, where a thorough review of both professional and financial behavior is necessary to ensure trustworthiness.
Level 4 Background Check
Level 4 background checks are the most extensive and are usually reserved for high-security roles, top executives, or government positions. In addition to the criminal, employment, and educational information covered in a Level 3 check, this level also includes deeper criminal history checks, such as international searches if the person has lived abroad. Reference checks and professional licensing verification may also be conducted to ensure the candidate’s qualifications are authentic and meet the highest standards.
In summary, each level of background check is tailored to the level of responsibility and risk associated with the position. Level 1 checks are more suitable for lower-risk jobs, while Level 4 checks provide the depth required for roles where security and trust are paramount.
Legal Requirements for a Level 2 Background Check
The legal requirements for applying a Level 2 background check to an individual or on behalf of a company are governed by both state and federal laws. These requirements specify who must undergo this type of screening and under what conditions employers or organizations can request it. Here’s a breakdown of the key legal steps and guidelines that must be followed:
Legal Justification for Requesting a Level 2 Background Check
To apply a Level 2 background check, there must be a legal or regulatory reason. Typically, this is mandated by law for certain positions, such as:
- Jobs involving vulnerable populations: Positions that involve contact with children, the elderly, or disabled individuals (e.g., teachers, caregivers, healthcare workers).
- Government positions: Jobs in law enforcement, public safety, or roles with access to sensitive government data.
- Licensed professions: Professions that require state licensure, such as healthcare providers, teachers, and social workers.
Employers can only apply a Level 2 background check if the position in question requires it, either by law or because of the level of trust and responsibility involved in the job.
Consent from the Individual
Before conducting a Level 2 background check, the employer or organization must obtain written consent from the individual being screened. This requirement is outlined under the Fair Credit Reporting Act (FCRA) at the federal level and applies to all states, including those like Florida that mandate Level 2 checks.
- The consent form must clearly state that the background check includes a fingerprint-based search of state and federal criminal records.
- Individuals must be informed of their rights under FCRA, including their right to receive a copy of the report and dispute inaccurate information.
Use of Fingerprints
A defining requirement of a Level 2 background check is the collection of the individual’s fingerprints. These fingerprints are submitted to both state and federal databases, including the FBI’s database, for a thorough criminal records search.
- Fingerprints are typically collected via a certified live scan provider or a law enforcement agency.
- The fingerprinting process must comply with the standards set by state and federal authorities, ensuring accuracy and security in transmitting the data for background checks.
Authorized Screening Agency
The entity conducting the Level 2 background check must be authorized by state or federal agencies to perform such checks. This is particularly relevant for organizations that regularly screen individuals, such as staffing agencies, schools, healthcare facilities, and government bodies.
- The screening agency must be registered and follow the specific rules set by the Florida Department of Law Enforcement (FDLE), FBI, or other relevant state bodies.
- The screening entity must ensure the confidentiality and security of the individual’s records and cannot disclose information without proper authorization.
Compliance with State and Federal Regulations
Employers must ensure that the Level 2 background check is in full compliance with state and federal regulations, which govern how the check is conducted and how the results are used:
- In states like Florida, employers are bound by Chapter 435 of the Florida Statutes, which outlines which roles require Level 2 checks and what disqualifying offenses should be considered.
- At the federal level, the FCRA provides guidelines on how employers can use background check results in hiring decisions. If adverse action is taken based on the results (e.g., not hiring an individual), the employer must follow specific procedures, including providing the applicant with a copy of the report and their rights.
Handling of Results
The results of a Level 2 background check must be handled in accordance with privacy laws:
- Employers are required to keep the results confidential and only use the information for the purpose for which the background check was requested.
- If the check reveals disqualifying offenses, the employer must inform the individual and give them the opportunity to dispute the results, especially if the report contains errors or outdated information.
Cost Considerations
Typically, the cost of the Level 2 background check is borne by the employer or the organization requesting it. However, in some cases, particularly for licensing purposes, the individual may be responsible for covering the costs associated with fingerprinting and the background check itself.
Periodic Rechecks
In some industries, it is required that periodic rechecks are conducted to maintain compliance with regulations. For example, healthcare providers or childcare workers may need to undergo a new Level 2 check every few years. This requirement varies by state and by industry.
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Frequently Asked Questions
What is a level 2 background check?
A level 2 background check is a thorough investigation of your criminal history, credit history, and more. It covers all relevant personal information.
Can I do a level 2 check on myself?
Yes, you can run a background check on yourself. A level 2 background check can provide you with the information necessary to be successful when applying for a job, especially if there are criminal records in the report.
Do I need a level 2 background check?
That depends on the kind of job you’re applying for. Some high-responsibility jobs require it and others don’t. If your job requires one, ask your employer or the HR department if they will pay for it. You may also be able to find an independent company that offers these services at a lower cost than what your employer would charge.
What kind of information does a level 2 background check include?
A level 2 background check includes information from public and private records. This may include court records and arrest reports. Social media posts and other online activities are also monitored. A level 2 background check even comprises information from private sources, like credit bureaus and banks.
Key Takeaways: Level 2 Background Checks
A level 2 background check is a thorough and in-depth screening. This type of screening assists many organizations in making informed decisions throughout the hiring process. With the extent of information being searched and reported, a level 2 background check goes a long way in determining whether an individual is suitable for employment.
It provides a detailed look into the life history of an individual. You can use it for people in all professions – both new hires and existing employees. This type of background screening ensures an in-depth report that includes accurate information.
Published : October 17,2024
Published : October 17,2024