Employers searching for “what is a level 1 background check” are usually running into a term that sounds generic but is not. Level 1 and Level 2 are not industry jargon. They are specific categories defined in Florida law, and they only carry that meaning inside Florida. If you operate a business, a school, a facility that serves children or vulnerable adults, or any position that Florida law treats as one of trust, understanding these two levels correctly matters for compliance. Getting them confused with background check terminology used in other states can also lead a hiring team to order the wrong product or misunderstand what a report actually covers.
This guide explains what a Level 1 background check includes under Florida law, how it differs from a Level 2 check, who is legally required to use each one, what disqualifies a candidate, and what the terms mean (or do not mean) if your business operates outside Florida.
Where the terms “Level 1” and “Level 2” come from
Level 1 and Level 2 screening are defined in Chapter 435 of the Florida Statutes, the state’s employment screening law. Chapter 435 sets the baseline standards that other Florida statutes reference when they require background screening for a particular job category, such as child care workers, health care employees, school personnel, or people who work in assisted living facilities. Individual licensing chapters (education, health care, elder care, and so on) point back to Chapter 435 and specify whether a Level 1 or a Level 2 screening applies to a given role.
Because the terms live inside a specific Florida statute, they do not have a standard meaning anywhere else. A background check company in another state that advertises a “Level 1” or “Level 2” package is either borrowing Florida’s naming convention informally or describing something unrelated to Florida law entirely.
What a Level 1 background check actually includes
A Level 1 background check is a state level, name based screening. Rather than matching a candidate by fingerprints, it matches by name, date of birth, and other identifying information supplied by the applicant. Under section 435.03 of the Florida Statutes, a Level 1 screening generally includes:
- A statewide criminal history check through the Florida Department of Law Enforcement (FDLE), searched by name rather than fingerprints
- A check of the Florida sexual offender and sexual predator registry
- An employment history check, confirming prior employment and checking for any documented history relevant to the position
- Local criminal records checks where the employer or licensing agency requires them
- Any additional checks specified by the particular Florida statute that triggers the screening requirement for that job category
Because Level 1 relies on a name based search rather than a fingerprint based one, it is faster and less expensive to run than Level 2 screening. It is also less precise. A name based search can miss records tied to an alias, a maiden name, or a data entry inconsistency in a way that a fingerprint match generally will not.
What a Level 2 background check adds
Level 2 screening, defined under section 435.04, is a fingerprint based check submitted to both the FDLE and the FBI. It searches state and national criminal history databases using the applicant’s actual fingerprints, which produces a more reliable identity match than a name search. Florida law reserves Level 2 screening for positions of special trust or responsibility, meaning jobs that involve direct, ongoing contact with children, elderly people, people with disabilities, or other vulnerable populations, along with certain licensed professions and positions with access to sensitive systems or funds.
Because Level 2 is fingerprint based and national in scope, it also carries its own, broader list of disqualifying offenses under section 435.04, which reaches more serious crimes, including many offenses involving violence, sexual abuse, or crimes against children, and it generally has no expiration tied to how long ago the offense occurred. For a full breakdown of what a Level 2 screening covers and who is required to complete one, see our companion article on what a Level 2 background check involves.
Level 1 vs Level 2: side by side
| Factor | Level 1 background check | Level 2 background check |
|---|---|---|
| Governing statute | Florida Statutes s. 435.03 | Florida Statutes s. 435.04 |
| Search method | Name and date of birth based | Fingerprint based |
| Scope of criminal records | Florida (state) records through FDLE | Florida and national records through FDLE and the FBI |
| Sex offender registry check | Included | Included |
| Employment history check | Included | Typically included as part of the broader screening standard |
| Typical use case | Lower risk roles specified by statute; general employment screening under Chapter 435 | Positions of trust: direct contact with children, elderly people, people with disabilities, or other vulnerable populations |
| Match reliability | Lower; vulnerable to aliases or name variations | Higher; fingerprints are a direct identity match |
| Renewal | Typically periodic, per governing statute or licensing rule | Often re screened on a schedule set by the applicable licensing chapter or the Clearinghouse |
Who needs a Level 1 versus a Level 2 check under Florida law
The level required for a given position is set by whatever Florida statute governs that industry or job category, not by employer preference. Chapter 435 is the baseline, but the actual trigger usually sits in a separate chapter covering education, child care, health care, elder care, or another regulated field. As a general pattern, Level 1 screening tends to apply to roles Florida law treats as lower risk within a covered category, while Level 2 applies to positions of trust or responsibility, meaning direct, unsupervised, or ongoing contact with children, elderly residents, or people with disabilities, along with many licensed health care and caregiving roles.
Because the correct level depends on the specific statute that applies to your industry, employers should confirm the requirement in their own licensing chapter rather than assuming Level 1 is sufficient simply because it costs less or moves faster. Ordering the wrong level of screening can create a compliance gap that surfaces during a licensing audit, not at the time of hire.
Disqualifying offenses under sections 435.03 and 435.04
Both Level 1 and Level 2 screening carry lists of disqualifying offenses, meaning criminal history that can bar someone from a covered position. Section 435.03 sets out the disqualifying offenses tied to Level 1 screening, while section 435.04 sets out a broader list tied to Level 2 screening, which reaches additional and generally more serious offenses given the higher risk profile of positions of trust. These lists commonly include offenses such as certain violent crimes, sexual offenses, crimes against children or vulnerable adults, and other felony categories specified in the statute. The exact list an employer must apply depends on which licensing chapter triggered the screening requirement in the first place, since some chapters incorporate the Chapter 435 lists directly and others layer on additional disqualifying offenses specific to that field.
Exemptions from disqualification
Florida law allows a person who would otherwise be disqualified by their criminal history to apply for an exemption from disqualification. This process, addressed in Chapter 435, lets an individual present evidence of rehabilitation, such as the amount of time that has passed, evidence of good conduct, completion of counseling or treatment, and other relevant circumstances, to the agency responsible for granting exemptions in that field. Approval is not automatic and is decided case by case by the relevant licensing or regulatory agency, not by the employer. Employers should not attempt to make exemption determinations themselves and should instead direct candidates to the correct state agency’s exemption process.
The Background Screening Clearinghouse
Florida operates a centralized system called the Care Provider Background Screening Clearinghouse, which allows results from a Level 2, fingerprint based screening to be shared across multiple state agencies and employers, rather than requiring a new fingerprint submission every time someone changes jobs within a covered field. The Florida Department of Children and Families background screening program is one of the agencies that relies on the Clearinghouse, alongside health care and elder care regulators. The Clearinghouse retains an applicant’s screening results and flags any new arrests or dispositions that would affect their eligibility, so an employer checking the Clearinghouse can see current status rather than a single point in time result. This system exists specifically for Level 2, fingerprint based screening. Level 1 name based results are not part of the Clearinghouse in the same way, which is another reason the two levels are not interchangeable for compliance purposes.
Why these terms get misused outside Florida
Because “Level 1” and “Level 2” sound descriptive, background check vendors and even some HR teams outside Florida sometimes borrow the labels informally, using “Level 1” to mean a basic check and “Level 2” to mean something more thorough. That usage is not wrong in a colloquial sense, but it has no legal grounding outside Florida and can cause real confusion for a multi state employer. If your compliance team asks a vendor for a “Level 2 background check” and the vendor is not operating under Florida’s statutory framework, you may not get fingerprint based, FBI level screening at all. You may just get whatever that vendor happens to label its premium package.
This is also where FCRA obligations come into play regardless of which state you operate in. Any employer running a consumer report for employment purposes, whether it is called Level 1, Level 2, or something else entirely, has to meet federal disclosure, authorization, and adverse action requirements. Our guide on FCRA permissible purpose for background checks covers what has to be in place before you can lawfully pull a report on a candidate or employee, and those obligations apply on top of, not instead of, any state specific screening rules like Florida’s Chapter 435.
What employers outside Florida should order instead
If your business is not licensed under a Florida statute that specifically requires Level 1 or Level 2 screening, do not ask a vendor for either term by name. Instead, describe the actual coverage you need. For most employment screening outside Florida’s regulated categories, that typically means a combination of county criminal record searches in every county where the candidate has lived or worked, a statewide or national criminal database search used as a broader net, a Social Security number trace to surface additional address and name history, and employment and education verifications to confirm the candidate’s stated history. Positions involving vulnerable populations, minors, or financial or system access often warrant a fingerprint based check as well, similar in spirit to Florida’s Level 2 standard, even when no statute technically mandates it. Working with a professional screening provider that understands both state specific rules and FCRA compliance helps make sure you are ordering the right product for the role, not just the cheapest or fastest one available.
Frequently asked questions
What is a Level 1 background check in Florida?
A Level 1 background check in Florida is a state level, name based criminal history screening defined under section 435.03 of the Florida Statutes. It typically includes a statewide criminal records search through FDLE, a check of the sexual offender and predator registry, and an employment history check, and it is required for certain job categories specified in Florida law.
What is the difference between a Level 1 and Level 2 background check?
Level 1 is a name based check limited to Florida state records, while Level 2 is a fingerprint based check that searches both Florida and national FBI records. Level 2 is reserved for positions of special trust, such as direct contact with children, elderly people, or people with disabilities, and it applies a broader list of disqualifying offenses.
Does a Level 1 background check include fingerprints?
No. A Level 1 background check is name based, using the applicant’s name, date of birth, and other identifying information rather than fingerprints. Fingerprint based screening is what defines a Level 2 check under Florida law.
Who is required to get a Level 1 background check in Florida?
The requirement depends on the specific Florida statute governing an industry or role. Employers should check the licensing chapter that applies to their field, since Chapter 435 sets the general screening standards but the actual trigger for Level 1 versus Level 2 sits in that industry specific law.
Can someone with a criminal record still pass a Level 1 background check?
It depends on the offense. Florida law lists specific disqualifying offenses under section 435.03, and a candidate whose record does not include one of those offenses can still qualify. Florida also allows individuals to apply for an exemption from disqualification through the relevant state agency in certain circumstances.
Do other states use Level 1 and Level 2 background check terminology?
No. Level 1 and Level 2 are defined specifically under Florida’s Chapter 435 and do not have a legal meaning in other states. Employers outside Florida should describe the actual screening they need, such as county criminal searches, national database searches, and verifications, rather than asking for a check by these Florida specific labels.
This article is general information about Florida’s background screening statute and is not legal advice. Employers should confirm current screening requirements with a qualified attorney or the relevant Florida licensing agency before making hiring decisions.
