Laws on a Level 2 Background Check

  Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA
  Written by: Danielle Smyth      Updated November 02, 2018

When you’re applying for a job, you may be asked to submit to a background check. In fact, according to the National Association of Professional Background Screeners, 96 percent of today’s companies conduct background investigations on at least some employees. These checks are important, as they ensure that potential hires have a background appropriate to the job they’ve applied for and that they are morally qualified, as well. A level 2 background check can turn up certain criminal records that could disqualify an applicant.

What Is a Level 2 Background Check?

Level 2 background screening can mean a couple of different things. Since many professional background investigative companies have their own terms for the checks they offer, titles like level 1 and level 2 can be merely internal qualifiers in some instances.

In other cases, such as in the state of Florida, the terms level 1 and level 2 background checks have specific legal definitions. There, a level 2 background check employs a fingerprint-based search of records maintained by law enforcement, as well as national FBI criminal history records and county criminal records. In Florida, this level check is required for certain jobs, like those providing access to the elderly or children. Certain offenses, if returned during the course of the investigation, automatically disqualify you from consideration for jobs at that level. These include kidnapping, murder, manslaughter, incest or sexual misconduct. Currently, Florida is the only state with a specific level 2 background check

AHCA Background Screening

An AHCA background check is specifically for employment by the Agency for Health Care Administration in the state of Florida. If you are applying for a role as a health care provider in that state, your background investigation will be processed by a special backgrounds unit within the AHCA.

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How Far Do They Go Back for a Background Check?

If you are undergoing a background investigation, you may be wondering if records from far back in your past will show up on the background check. Unless you are able to have a record expunged, it can linger indefinitely in your background screening. That being said, some types of records, such as civil suits, civil judgments, arrest records and paid tax liens, are limited by the Fair Credit Reporting Act’s seven-year rule, which mandates that these records be removed after seven years. This rule applies to every state in the United States.

About the Author

Danielle Smyth, MS, is a writer and content marketer from upstate New York. She has been writing on business-related topics for nearly 10 years. She owns her own content marketing agency, Wordsmyth Creative Content Marketing (www.wordsmythcontent.com), and she works with a number of small businesses to develop B2B content for their websites, social media accounts, and marketing materials. In addition to this content, she has written business-related articles for sites like Sweet Frivolity, Alliance Worldwide Investigative Group, Bloom Co, and Spent.

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