A Level 2 background check is a fingerprint based state and national criminal history check, created by Florida law for employees, volunteers, and license applicants in positions of trust or responsibility, most often in healthcare, childcare, elder care, and other roles serving vulnerable people. It is defined by Florida Statutes section 435.04 and runs through the Florida Department of Law Enforcement (FDLE) and the FBI, using an actual fingerprint rather than a name search. It differs from a Level 1 check, a name based, state only search defined in section 435.03, and from a standard employment background check report from a consumer reporting agency (CRA), which is not a government fingerprint submission. Employers outside Florida sometimes borrow “Level 2” loosely to mean “a more thorough check,” but the term and the two tier structure behind it come directly from Florida statute.
Where “Level 1” and “Level 2” Actually Come From
The terms come from Florida Statutes chapter 435, Employment Screening. Section 435.03 sets the Level 1 standard, screening “which includes, but need not be limited to, employment history checks and statewide criminal correspondence checks through the Department of Law Enforcement, and a check of the Dru Sjodin National Sex Offender Public Website” (Fla. Stat. 435.03), a name based search of Florida’s own database, not a fingerprint submission and not an FBI check.
Section 435.04 sets the Level 2 standard, and the fingerprint is the whole point: investigations that include “fingerprinting for statewide criminal history records checks through the Department of Law Enforcement, national criminal history records checks through the Federal Bureau of Investigation, and local criminal records checks through local law enforcement agencies,” plus a search of sexual predator and offender registries for any state the person lived in during the preceding five years (Fla. Stat. 435.04). Fingerprints must be submitted electronically to FDLE. That fingerprint based identifier is what lets FDLE forward the search to the FBI for a true national response. Florida’s Department of Health FAQ describes Level 2 the same way, a check that “refers to a state and national fingerprint based check and consideration of disqualifying offenses and applies to those employees designated by law as holding positions of responsibility or trust” (FL HealthSource FAQ).
A detail employers often miss: the two levels are not judged against different offense lists. Section 435.03(2) ties Level 1 eligibility to “any offense prohibited under s. 435.04(2) or similar law of another jurisdiction,” so both apply the same statutory list of disqualifying arrests, convictions, and pleas. What changes is how the record gets found: Level 1 searches Florida’s own index by name, which can miss a record held in another state or filed under a name variation, while Level 2 searches by fingerprint through FDLE and the FBI, reaching records regardless of jurisdiction. Neither method returns every record that exists anywhere, since matching depends on what has been reported and how it was indexed. That list, which spans violent crime, sexual offenses involving vulnerable people, offenses against children and the elderly, and certain drug and healthcare fraud offenses, is a statutory eligibility standard the legislature set for specific licensed roles, not a policy an employer writes itself, a different posture from a CRA report, where EEOC guidance calls for individualized assessment rather than automatic disqualification.
Who Actually Needs a Level 2 Background Check in Florida
Chapter 435 does not apply to every job. It applies where a separate licensing statute requires it, channeled through a defined group of “specified agencies,” including the Department of Health, the Department of Children and Families, the Agency for Health Care Administration, the Department of Elderly Affairs, and the Agency for Persons with Disabilities, among others (Fla. Stat. 435.02). That is why Level 2 screening shows up consistently for licensed healthcare workers, childcare personnel, elder care and assisted living staff, and disability services employees, along with school and volunteer roles involving regular contact with children. Whether a specific role requires it depends on the licensing statute for that industry, so an employer should confirm against its own governing statute rather than assume. For healthcare employers, Level 2 fingerprint screening is typically one layer among several; it does not replace, and is not replaced by, a separate check of federal healthcare exclusion lists. See our healthcare exclusion screening guide for how OIG and SAM.gov checks fit alongside fingerprint based screening, and our healthcare compliance check page for how these pieces come together.
How a Level 2 Check Runs Through FDLE and the Clearinghouse
FDLE is Florida’s statewide criminal history repository. An approved vendor collects the applicant’s prints electronically, FDLE runs the statewide search, and forwards the submission to the FBI. For a large share of health and human services positions, that result flows through the Care Provider Background Screening Clearinghouse, created through House Bill 943 in “the 2012 legislative session” (AHCA, Care Provider Background Screening Clearinghouse). AHCA describes its purpose as “a single data source for background screening results of persons required to be screened by law for employment in positions that provide services to children, the elderly, and disabled individuals,” so results “can be shared among specified agencies” under section 435.12, instead of one person being fingerprinted separately for every agency touching their work. Processing time depends on the vendor, FDLE’s queue, and the FBI response; see our post on how long an employment background check takes for how timing generally works.
Level 1 vs. Level 2 vs. a Standard CRA Background Check Report
| Feature | Level 1 (Fla. Stat. 435.03) | Level 2 (Fla. Stat. 435.04) | Standard CRA background check report |
|---|---|---|---|
| Search method | Name and date of birth match against Florida’s statewide criminal database | Fingerprint submitted to FDLE, then forwarded to the FBI for a national response | Court record search by name and identifiers at the county, state, or federal level, plus verifications |
| Governed by | Florida Statutes chapter 435 | Florida Statutes chapter 435 | The Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. |
| Who runs it | FDLE, through the employer or licensing agency | FDLE and the FBI, often shared through the Clearinghouse | A CRA, ordered by the employer with the applicant’s authorization |
| Typical use | Roles where Florida law accepts a state only, name based search | Positions of trust or responsibility in healthcare, childcare, elder care, and similar licensed roles | General pre-employment or tenant screening across any industry, in any state |
| Disqualifying standard | Same offense list as Level 2, under section 435.04(2) | Statutory list of disqualifying arrests, convictions, and pleas in section 435.04(2) through (4) | No fixed disqualifying list; employer policy applies, informed by EEOC guidance on individualized assessment |
When Employers Outside Florida Say “Level 2” and Mean Something Else
Because “level two” reads as more thorough than “level one,” the phrase has drifted into informal use outside Florida. An out of state employer or staffing vendor may ask for a “Level 2 background check” simply meaning a deeper screening product, with no reference to fingerprints, FDLE, or chapter 435. There is no single national statute that defines “Level 2” the way Florida does, so it is worth clarifying whether a request means an FBI fingerprint submission tied to a Florida license, or a standard background check package at a higher tier of depth. Those are different products, ordered through different systems.
Where a CRA Report Fits Alongside a Level 2 Check
A standard background check ordered through a CRA is a different kind of record. Under the FCRA, a consumer reporting agency is an entity that “regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties” (15 U.S.C. 1681a). A CRA report draws on actual court records at the county, state, and federal level plus verifications, rather than a fingerprint submitted to a government agency, and it carries its own state rules on how far back certain records can be reported; see our seven year rule by state guide, a limit with no equivalent in a government fingerprint search. For many healthcare, childcare, and elder care employers, a Level 2 check and a CRA report are not substitutes; they typically run alongside each other, with the fingerprint check satisfying the licensing requirement and the CRA report covering what chapter 435 does not, such as employment and education verification. When a CRA report drives an employment decision, the FCRA’s process still applies, including a pre-adverse action notice, a copy of the report, a copy of the Summary of Rights, and a reasonable waiting period before a final decision; our FCRA adverse action process post walks through those steps.
Frequently asked questions
Is “Level 2 background check” a national standard, or is it specific to Florida?
It is specific to Florida. The term comes from Florida Statutes sections 435.03 and 435.04, which set two tiers of employment screening for positions Florida law designates for background checks. There is no single federal statute that defines a “Level 2” background check the way Florida does.
Who is required to complete a Level 2 background check in Florida?
People in positions Florida law designates as positions of trust or responsibility, most commonly in healthcare, childcare, elder care, and disability services, where a specified state agency such as the Department of Health, the Agency for Health Care Administration, or the Department of Children and Families requires fingerprint based screening under chapter 435. Whether a specific role requires it depends on the licensing statute for that industry, so employers should confirm against their own governing statute.
Does a Level 2 background check replace a standard background check from a screening company?
No. A Level 2 check is a government fingerprint submission processed through FDLE and the FBI against a statutory list of disqualifying offenses. A standard background check from a consumer reporting agency draws on court records plus verifications and is governed by the Fair Credit Reporting Act rather than chapter 435. Many employers in regulated industries use both, since they cover different requirements.
How is a Level 2 check different from a Level 1 check in how it searches for criminal history?
Level 1, under section 435.03, is a name based search of Florida’s statewide criminal history records. Level 2, under section 435.04, is a fingerprint based search sent to FDLE and then to the FBI for a national response. Both levels are measured against the same list of disqualifying offenses in section 435.04(2); the difference is the search method, not the standard used to judge the result.
General information, not legal advice
This article explains publicly available Florida statutes and official state agency guidance for general information and is not legal advice. Screening requirements vary by industry, by role, and by the statute that licenses a facility or profession, and Florida law changes over time. Confirm current obligations, and how Level 2 screening interacts with any other background check you run, with your own counsel or compliance officer before building or changing a screening policy.
