What disqualifies you from a Level 2 background check in Florida is any arrest, plea, finding of guilt, or conviction for one of the 50-plus criminal offenses listed in Section 435.04 of the Florida Statutes, plus any domestic violence offense from anywhere in the country. If you work in Medicaid, a separate list of healthcare-related offenses applies on top of that. The screening reaches further than most people expect, and a withheld adjudication or an old out-of-state case will show up and count against you.
What Counts as a Disqualifying Record
Most people assume a background check only flags convictions. Florida’s statute is written more broadly. You are disqualified if any of these is true for a listed offense:1Justia Law. Florida Statutes 435.04 – Level 2 Screening Standards
- You have been arrested and are awaiting final disposition. A pending charge disqualifies you until the case is resolved, even though you have not been found guilty.
- You were found guilty, regardless of adjudication. If the judge withheld adjudication and told you that you were not technically “convicted,” the finding of guilt still disqualifies you. This catches many people who took a plea deal years ago believing their record was clean.
- You entered a plea of nolo contendere or guilty. A no-contest plea is treated the same as a guilty plea.
- You were adjudicated delinquent as a juvenile, unless the record has been sealed or expunged.
The statute also reaches convictions under the “similar law of another jurisdiction.” An equivalent offense from any other state or federal court triggers the same disqualification, so moving to Florida does not reset your record.
The Offenses Listed in Section 435.04
Section 435.04(2) names more than 50 specific offense categories. Below is how they group together.1Justia Law. Florida Statutes 435.04 – Level 2 Screening Standards
Violent Crimes
Murder, manslaughter (including aggravated manslaughter of a child, elderly person, or disabled adult), vehicular homicide, and killing an unborn child through injury to the mother. Any felony assault, battery, or culpable negligence offense qualifies. Assault or battery against a minor disqualifies even at the misdemeanor level. Aggravated assault and aggravated battery are listed separately.
Sexual Offenses
Sexual battery, lewdness, indecent exposure, sexual misconduct with developmentally disabled clients, and sexual misconduct with mental health patients. Prostitution-related offenses, sexual activity with a child by someone in a position of authority, and unlawful sexual activity with certain minors all appear on the list. Child pornography, computer-facilitated exploitation of a child, and human trafficking are included.
Crimes Against Children, the Elderly, and Vulnerable Adults
Abuse, neglect, or exploitation of elderly or disabled adults. Failure to report child abuse, abandonment, or neglect. Kidnapping, false imprisonment, luring or enticing a child, and taking a child across state lines with criminal intent during custody proceedings.
Property and Financial Crimes
Felony theft, robbery, and related crimes under Chapter 812. Felony fraud, exploitation of an elderly or disabled adult, forgery, counterfeiting, and fraudulent sale of controlled substances. Arson is listed separately.
Drug Offenses
Any felony under Florida’s drug abuse prevention and control laws in Chapter 893 is disqualifying. Non-felony drug offenses also make the list if any other person involved was a minor.
Weapons Offenses
Exhibiting firearms within 1,000 feet of a school, possessing weapons or destructive devices on school property, and crimes involving bombs or weapons of mass destruction.
Attempting, soliciting, or conspiring to commit any of the listed offenses is itself disqualifying.
Domestic Violence Disqualifies You On Its Own
Section 435.04(3) adds a standalone disqualifier for any offense that constitutes domestic violence under Florida law, whether the offense occurred in Florida or elsewhere.1Justia Law. Florida Statutes 435.04 – Level 2 Screening Standards A domestic-violence battery charge from another state that looked minor on its own is enough to fail a Florida Level 2 check.
Extra Disqualifiers for Medicaid Providers
If you are being screened to participate in Medicaid, Section 435.04(4) adds offenses on top of the standard list: any federal or state violation involving the unlawful manufacture, distribution, or dispensing of controlled substances; patient abuse or neglect in a healthcare setting; healthcare fraud; and violations of Medicaid or Medicare program rules.1Justia Law. Florida Statutes 435.04 – Level 2 Screening Standards These apply across federal law and the laws of every state.
What a Level 2 Check Actually Searches
Your fingerprints are run through the Florida Department of Law Enforcement’s state database and the FBI’s national database, so out-of-state arrests and federal cases show up alongside Florida records. The check also searches the sexual predator and sexual offender registries in every state where you have lived during the past five years.2Florida Department of Law Enforcement. Florida Department of Law Enforcement – VECHS Definitions Level 2 screening is required for roles that involve caring for, treating, educating, training, or supervising children, the elderly, or people with disabilities, and it is mandated by multiple state agencies including the Agency for Health Care Administration, the Department of Children and Families, and the Department of Elder Affairs.
Will Sealing or Expunging My Record Help?
Not reliably for adult records. The statute does exclude sealed or expunged juvenile records from triggering disqualification.1Justia Law. Florida Statutes 435.04 – Level 2 Screening Standards Adult records are different. Because Level 2 checks run through both FDLE and the FBI, and because many of the agencies that require Level 2 screening are specifically authorized by law to access sealed or expunged records, the offense may still appear. Law enforcement agencies, the Department of Children and Families, and the Department of Education are among those with statutory access. If you are counting on an expungement to clear the way, talk to an attorney before you assume it will work.
Can You Get an Exemption If You Are Disqualified?
Sometimes. Section 435.07 lets the head of the relevant agency grant an exemption from disqualification if you prove rehabilitation by clear and convincing evidence.3Florida Senate. Florida Statutes 435.07 – Exemptions From Disqualification The exemption restores your eligibility for that type of employment; it does not erase the underlying record.
Before you can apply:
- For a felony, at least two years must have passed since you completed confinement, supervision, or any nonmonetary court-imposed condition.
- For a misdemeanor, you must have completed all confinement, supervision, and court-imposed conditions, with no additional waiting period.
- For a juvenile adjudication of an offense that would be a felony for an adult, at least three years must have passed since you completed the sentence.
- Every court-ordered fee, fine, restitution payment, and cost of prosecution must be paid in full.
The agency weighs the circumstances of the offense, the time elapsed, the harm to the victim, and your history since the incident. If the agency denies the exemption, you can contest the decision through a formal hearing under Chapter 120.4Agency for Health Care Administration. Background Screening Application for Exemption
Who Can Never Get an Exemption
Some people are permanently barred no matter how long ago the offense was or how strong their rehabilitation evidence is. Section 435.07(4) blocks exemptions for designated sexual predators under Section 775.21, career offenders under Section 775.261, and registered sexual offenders under Section 943.0435 unless the registration requirement has been removed.3Florida Senate. Florida Statutes 435.07 – Exemptions From Disqualification A pardon, executive clemency, or restoration of civil rights does not remove a disqualification under this chapter and does not make someone eligible for an exemption. People working in child care face an even longer list of permanent bars, including murder, manslaughter, aggravated assault, kidnapping, sexual battery, and felony domestic violence.
Passing Once Is Not Permanent
Florida operates the Care Provider Background Screening Clearinghouse, maintained by AHCA in coordination with FDLE. Once your prints are in the system, they are retained and continuously checked against incoming state arrest records.5Florida Senate. Florida Statutes 435.12 – Care Provider Background Screening Clearinghouse At the national level, prints are resubmitted to the FBI every five years. A disqualifying arrest years after you were hired will flag you to your employer and can cost you the job. The upside: if you move between employers in screened industries, your results follow you rather than requiring a fresh check each time.