However, the state does abide by national laws, including the FCRA. So how far back does a background check go in Florida at Level 2? Florida has no laws that limit how far back an employer can look into a candidate’s past regarding criminal convictions. These reports can include a Florida-only name-based criminal search, an employment history verification screening, additional local county criminal searches, or sex offender registry checks.Ī Level 2 assessment is more in-depth, incorporating fingerprint-based searches of Florida Department of Law Enforcement records and national FBI databases, along with more localized crime record searches with county courthouses or law enforcement agencies. In Florida, a Level 1 investigation is a less in-depth check. Some report providers use terms such as “Level 1” and “Level 2” to delineate between tiers of investigation service packages.įlorida separates investigations into Level 1 and Level 2 categories, though it is the only state to do so as a matter of law. The term “Level 2 check” does not have a unanimous definition. For example, the lookback period may change based on whether an individual has only been convicted and sentenced or has already completed their jail term.
However, these laws can have subtle variations. Some states allow employers to look back an entire decade, while others don’t have any time limitations. Seven years is the most common lookback period for employment-related criminal checks across jurisdictions. Here is an overview of common length restrictions regarding the different kinds of background checks: Pre-employment background checks Background information providers, including, also strive to keep track of these laws and their changes and may be able to assist employers in designing compliant policies for specific locales. Because state laws can vary substantially, employers should always consult with an attorney or review relevant local legislation before beginning any vetting. The type of records in question is the main variable impacting lookback periods. Types of Checks and Their Lookback Period Read on to learn about the many types of checks and how far back they may go. Local ban-the-box laws can also affect businesses and candidates. Some types of investigations have more extended lookback periods than others. The true answer varies depending on the type of background check and the location of the parties in question. The length of the “lookback period” is a common concern among employers and job seekers regarding pre-employment vetting. The Fair Credit Reporting Act (FCRA) also does not cover criminal records. How far back do background checks go? Surprisingly to some, nothing in federal law restricts how far back an employer can look.
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