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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16551
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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How extensive is Level 2 background screening file search

Resolved Question:

how extensive are the Level 2 background screening file searches in Florida?

Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 years ago.

These are extensive. A Level 2 background check in Florida will pull up whatever you've got, whether in Florida or elsewhere. A Level 2 check is provided for in Section 435.04 of the Florida Statutes. If you have ever been so much as arrested for the list of crimes below in Florida or anywhere else, you will fail the screening, even if later the case was expunged.

Here's the law:

Level 2 screening standards.

(1)(a)

All employees required by law to be screened pursuant to this section must undergo security background investigations as a condition of employment and continued employment which includes, but need not be limited to, fingerprinting for statewide criminal history records checks through the Department of Law Enforcement, and national criminal history records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies.

(b) Fingerprints submitted pursuant to this section on or after July 1, 2012, must be submitted electronically to the Department of Law Enforcement.

(c) An agency may contract with one or more vendors to perform all or part of the electronic fingerprinting pursuant to this section. Such contracts must ensure that the owners and personnel of the vendor performing the electronic fingerprinting are qualified and will ensure the integrity and security of all personal information.

(d) An agency may require by rule that fingerprints submitted pursuant to this section must be submitted electronically to the Department of Law Enforcement on a date earlier than July 1, 2012.

(2) The security background investigations under this section must ensure that no persons subject to the provisions of this section have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction:

(a) Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.

(b) Section(###) ###-#### ***** to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.

(c) Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.

(d) Section 782.04, relating to murder.

(e) Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child.

(f) Section 782.071, relating to vehicular homicide.

(g) Section 782.09, relating to killing of an unborn quick child by injury to the mother.

(h) Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony.

(i) Section 784.011, relating to assault, if the victim of the offense was a minor.

(j
Section 784.03, relating to battery, if the victim of the offense was a minor.

(k) Section 787.01, relating to kidnapping.

(l) Section 787.02, relating to false imprisonment.

(m) Section 787.025, relating to luring or enticing a child.

(n) Section 787.04(2), relating to taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings.

(o) Section 787.04(3), relating to carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or delivering the child to the designated person.

p) Section 790.115(1), relating to exhibiting firearms or weapons within 1,000 feet of a school

(q) Section 790.115(2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon on school property.

(r) Section 794.011, relating to sexual battery.

(s) Former s. 794.041, relating to prohibited acts of persons in familial or custodial authority.
(t)

Section 794.05, relating to unlawful sexual activity with certain minors.
(u)

Chapter 796, relating to prostitution.
(v)

Section 798.02, relating to lewd and lascivious behavior.
(w)

Chapter 800, relating to lewdness and indecent exposure.
(x)

Section 806.01, relating to arson.
(y)

Section 810.02, relating to burglary.
(z)

Section 810.14, relating to voyeurism, if the offense is a felony.
(aa)

Section 810.145, relating to video voyeurism, if the offense is a felony.
(bb)

Chapter 812, relating to theft, robbery, and related crimes, if the offense is a felony.
(cc)

Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony.
(dd)

Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult.
(ee)

Section(###) ###-#### ***** to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult.
(ff)

Section 825.103, relating to exploitation of an elderly person or disabled adult, if the offense was a felony.
(gg)

Section 826.04, relating to incest.
(hh)

Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.
(ii)

Section 827.04, relating to contributing to the delinquency or dependency of a child.
(jj)

Former s. 827.05, relating to negligent treatment of children.
(kk)

Section 827.071, relating to sexual performance by a child.
(ll)

Section 843.01, relating to resisting arrest with violence.
(mm)

Section 843.025, relating to depriving a law enforcement, correctional, or correctional probation officer means of protection or communication.
(nn)

Section 843.12, relating to aiding in an escape.
(oo)

Section 843.13, relating to aiding in the escape of juvenile inmates in correctional institutions.
(pp)

Chapter 847, relating to obscene literature.
(qq)

Section 874.05(1), relating to encouraging or recruiting another to join a criminal gang.
(rr)

Chapter 893, relating to drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor.
(ss)

Section(###) ###-#### ***** to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.
(tt)

Section 944.35(3), relating to inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm.
(uu)

Section 944.40, relating to escape.
(vv)

Section 944.46, relating to harboring, concealing, or aiding an escaped prisoner.
(ww)

Section 944.47, relating to introduction of contraband into a correctional facility.
(xx)

Section 985.701, relating to sexual misconduct in juvenile justice programs.
(yy)

Section 985.711, relating to contraband introduced into detention facilities.
(3)

The security background investigations under this section must ensure that no person subject to this section has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense that constitutes domestic violence as defined in s. 741.28, whether such act was committed in this state or in another jurisdiction.
History.


s. 47, ch. 95-228; s. 16, ch. 96-268; s. 22, ch. 96-322; s. 4, ch. 98-417; s. 5, ch. 99-284; s. 88, ch. 2000-153; s. 7, ch. 2001-125; s. 5, ch. 2004-267; s. 4, ch. 2005-119; s. 111, ch. 2006-120; s. 90, ch. 2006-197; s. 110, ch. 2007-5; s. 3, ch. 2007-112; s. 66, ch. 2009-223; s. 6, ch. 2010-31; s. 38, ch. 2010-114.
1
Note.


Section 58, ch. 2010-114, provides that “[t]he changes made by this act are intended to be prospective in nature. It is not intended that persons who are employed or licensed on the effective date of this act be rescreened until such time as they are otherwise required to be rescreened pursuant to law, at which time they must meet the requirements for screening as set forth in this act.”

Customer: replied 3 years ago.
The matter of concern is in regard to section 810.02 relating to misdamenor burglary of 40 years ago, and how level 2 screening applies to this situation, and will the prints affect employment.
Expert:  Zoey_ JD replied 3 years ago.
I understand your concern, but the Florida statute is very explict, and I would have to take it at face value. This is a state and FBI background check. It should have your entire history regardless of the age of your convictions, and according to section 2 a conviction for 810.02 should cause you to fail the background check.

My understanding is that after a certain point, juvenile records are expunged in Florida. If yours was a juvenile offense, it's possible that it would not turn up on the check, only because in general at least, juvenile matters are frequently given a higher level of protection than adult cases. But as the government itself can always see what's sealed to everyone else, and this clearance is, I imagine, for a state license, I still think that even as a juvenile offense it could still turn up.

I wish I could tell you differently and I agree that if the only thing on your record was a 40 year old misdemeanor, it would be unfair to disqualify you from a license or a job based on that. But I am limited by what I see on the face of the statute, which cuts no quarter. The background check is made to weed out applicants with 810.02 convictions, among others.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16551
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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