What Is a Level 1 Background Check and How It Differs from Level 2

See what a Level 1 background check covers and how it compares with a Level 2 screening for hiring. Get clear facts on definitions, state lookback limits, and how better screening supports safer workplaces and less fraud.

By Douglas Wade, Attorney

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Table of Contents

1. Introduction

2. Distinguishing Between Background Checks at Levels 1 and 2

3. States that distinguish between Level 1 & Level 2 criminal background checks

Introduction

Background checks are a common component of the employment process nowadays. 96% of businesses nowadays perform background checks on at least part of their employees, as reported by the National Association of Professional Background Screeners. There’s a clear reason why completing thorough background checks has numerous advantages for employers.

Lowering the possibility of criminal activity at work since criminal record checks can identify offenses related to available employment. For example, you probably wouldn’t trust somebody to manage the finances of your company if they had been found guilty of fraud/cybercrime.
Reducing the possibility of legal action stemming from the employer’s failure to keep the workplace safe. Your company may be in danger if employers hire carelessly and injure other workers.
Minimizing the possibility of fraud involving credentials. You can lessen the chance of selecting someone who isn’t eligible for the job because criminal background checks frequently also confirm a person’s identity.

Your company may suffer if you hire the incorrect person. The annual revenue of a typical firm is decreased by around 5% due to occupational fraud. More than 60% of the total job applications are altered in some way to highlight their abilities in a more favorable light. These figures show why background checks are now an essential component of the recruiting process for the majority of businesses.

Distinguishing Between Background Checks at Levels 1 and 2

However, background checks can rapidly get complicated. Numerous local statutes, state laws, and federal rules may be relevant. It is challenging to adhere to all applicable regulations. The words Level 1 and Level 2 are increasingly being used in the background check sector to refer to various background screenings. These phrases differentiate between various background checks, which may be required depending on the particulars of any employment information requirements.

If you’ve ever wondered, “What is a Level 1 Background Check?” the answer depends largely on the jurisdiction.

Terminology like this will probably be used more frequently as background checks grow more widespread and there are varying degrees of information-related demand. There is no standard definition for the words Level 1 & Level 2, despite their widespread usage throughout the nation. It is generally accepted that each comprises the following:

Level 1: State-specific name-based and job history checks are often included in this phrase. When someone asks, “What is a Level 1 Background Check?”, think of it as a basic screening.

Level 2: State and federal fingerprint-based checks, including criminal histories. Falls under this category.

States that distinguish between Level 1 & Level 2 criminal background checks

In theory, the only jurisdiction in the country with established level 1 & level 2 screenings is Florida. The legislative text defining Level 1 & Level 2 background checks originates from Chapter 435.03 of the Florida Regulations.

Level 1: A name-based check limited to the state. What is a Level 1 Background Check? It’s best understood as the foundation of employment screening.

Level 2: Employees who are legally identified as having roles of responsibility or confidence are subject to a state and federal fingerprint-based check and examination of disqualifying charges. According to Section 435.04, workers—defined as those who are legally required to be fingerprinted by Chapter 435—must undergo Level 2 background checks for safety.

You might come across these phrases in many other states, but Florida is the sole one that has official and legal descriptions for them. Although the definitions above represent the standard understanding of Level 1 & Level 2 checks for criminal activity, it is always advisable to get clarification if you hear the word outside of Florida. When you hear the term “What is a Level 1 Background Check?” think of it as the entry-level screening.

The inclusion of every piece of national data within the criminal background investigation is an important difference between Level 1 & Level 2 background checks. The worry of what will appear in a Level 2 background investigation is always present because there is no federal restriction on the extent to which an employer can go back in conducting a criminal background search. “What is a Level 1 Background Check when compared with Level 2?” The difference mainly lies in how deep the search goes.

These searches often only contain information for the state’s acknowledged lookback period. There are no restrictions in the majority of states, while some permit ten years, while others have no restrictions at all on the lookback time. There are no particular felonies that become eligible when a restriction is in place because it applies to all crimes. These differences between states highlight the need to comprehend the specific rules and legislation in your state. To make sure you stay in compliance, it’s necessary to review the regional background check rules.

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What Is a Level 1 Background Check and How It Differs from Level 2

Introduction

Distinguishing Between Background Checks at Levels 1 and 2

States that distinguish between Level 1 & Level 2 criminal background checks

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