A Level 1 background check in Florida is the most basic form of criminal record screening verified through the Florida Department of Law Enforcement (FDLE). It reviews only state and county records using a person’s name and identifying details, without fingerprint verification. This check is required under Florida Statute § 435.03 for certain low-risk or administrative positions, helping employers and agencies confirm eligibility before hiring or licensing.
Understanding what a Level 1 background check includes, how it works, and when it applies can prevent costly delays or compliance issues later.
What Is a Level 1 Background Check in Florida?
A Level 1 background check in Florida is a name-based criminal record review conducted by the Florida Department of Law Enforcement (FDLE) under Statute 435.03. It verifies records across 67 counties and the Dru Sjodin National Sex Offender Public Website to confirm whether a person has any disqualifying offenses in Florida.
This type of background check relies on a person’s name and identifying details rather than fingerprints. Because it does not access national databases, it represents the simplest form of screening used by Florida employers-most often for clerical, administrative, or entry-level roles where the risk to the public is low.
In contrast, a Level 2 background check expands the search through fingerprint analysis verified by both the FDLE and FBI and is required for jobs involving children, healthcare, or public safety.
Who Needs a Level 1 Background Check in Florida?
A Level 1 background check is required for employment or licensing that needs state-level verification but does not involve a federal fingerprint review. The requirement is outlined in Florida Statute § 435.03 and applies to positions where the risk to the public is low and responsibilities are administrative or support-based.
You may need a Level 1 background check if you are:
- Administrative staff or contractors working for a state agency
- County or municipal employees in clerical or public works departments
- School district staff without direct student contact
- Healthcare administrators who do not provide patient care
- Business owners or vendors applying for local permits or operating licenses
Employers and licensing bodies use Level 1 checks to verify identity and review state criminal records before issuing approvals or job offers.
At Erase The Case, we review and confirm FDLE screening records for accuracy so employers and applicants can proceed with confidence that every check meets Florida’s official verification standard.
How to Request a Level 1 Background Check in Florida?
You can order your own background check or one for a prospective hire through the FDLE Criminal History Information Portal.
To request a Level 1 background check in Florida, you must submit a criminal record search through the Florida Department of Law Enforcement (FDLE) using the Criminal History Information Portal available at fdle.state.fl.us.
Select “Criminal History Search – Name Based (Florida Only)”, then provide the person’s full legal name, date of birth, and, if available, Social Security number. The FDLE charges a $24 nonrefundable fee, payable online. Search results are typically delivered by email within 3 to 5 business days.
If you prefer to apply by mail using FDLE’s printed form, the review and processing period usually extends to about 2 weeks.
What the FDLE Reviews:
- Criminal history records from all Florida counties, verified under Florida Statute § 435.03
- The Dru Sjodin National Sex Offender Public Website, to confirm no listed offenses
- Local law enforcement databases, when the requesting agency requires additional verification
Every background check is verified through official data sources to ensure the accuracy and completeness of Florida’s criminal record review process.
How Long Does a Level 1 Background Check Take in Florida?
A Level 1 background check in Florida is usually completed within a few minutes to one business day. Because it is processed through the FDLE using a person’s name and date of birth, the results are typically generated almost instantly once payment is confirmed.
However, delays can occur when FDLE receives a high number of requests or when certain records require manual verification by county clerks or local law enforcement. In those cases, the review period can extend slightly, but most name searches are finalized within 24 hours.
What Disqualifies You from a Level 1 Background Check in Florida?
Under Florida Statute § 435.07, a Level 1 background check can disqualify a person from employment or licensing when the record shows offenses that indicate a risk to public safety or trust. The FDLE verifies these records through state and county criminal databases before reporting disqualifying results. Disqualifying offenses include:
- Violent crimes under Chapters 414 and 784, such as murder, manslaughter, aggravated assault, or aggravated battery.
- Abuse or exploitation of children, elders, or disabled adults, confirmed through official court records.
- Fraud or theft involving public assistance or healthcare programs, particularly felony violations.
- Drug-related felonies under Chapter 893, including possession with intent to sell or distribute controlled substances.
- Sex-related crimes under Chapters 794 and 796, such as sexual battery or prostitution-related offenses.
- Other serious offenses, such as arson, kidnapping, or introducing contraband into a correctional facility.
An adjudication withheld is treated the same as a conviction for screening purposes. In addition, an open arrest or pending case may cause temporary disqualification until the record is resolved.
In some situations, the law allows individuals to request an exemption from disqualification. The applicant must show evidence of rehabilitation and demonstrate that a sufficient period of time has passed since the offense. Each exemption request is reviewed and approved by the relevant state agency, based on official documentation and the nature of the prior offense.
What Should You Do If Your Level 1 Background Check Fails?
If your Level 1 background check fails in Florida, begin by getting a copy of your FDLE report and reviewing it for errors.
If you find an error, gather certified court documents showing the correct disposition and file a criminal history record challenge with FDLE under Rule 11C-8.001. Once the challenge is received, FDLE must verify the documentation and update the record within 30 days, based on information confirmed by county clerks or the originating agency.
Notify your employer or licensing authority that a correction request is underway and provide supporting proof, such as certified judgments or dismissal orders. This step helps prevent unnecessary withdrawal or denial while FDLE finalizes the update.
If the FDLE report is accurate, you may still submit a written explanation or request reconsideration, especially when charges were dismissed, reduced, or followed by successful rehabilitation. Employers and agencies often review these materials as part of their risk-assessment process.
When disputes remain unresolved, individuals may attach a personal statement to their FDLE record or seek legal advice under the Fair Credit Reporting Act (FCRA) to ensure that all information reported to third parties is fair and current.
How Much Does a Level 1 Background Check Cost in Florida?
A Level 1 background check in Florida generally costs between $8 and $20 when ordered as a name-based criminal record search through authorized vendors or state systems. These screenings are commonly used for low-risk or administrative positions, where state law does not require fingerprint submission or access to federal databases.
The Florida Department of Law Enforcement (FDLE) charges an official fee of $24 for checks submitted directly through its Criminal History Information Portal. Some third-party providers may add small processing fees, while large agencies occasionally receive bulk-rate pricing for high-volume screenings.
Always keep your payment receipt, as it serves as official proof that the background check was completed in compliance with Florida Statute § 435.03.
Common Problems with Level 1 Background Checks
A Level 1 background check in Florida has several known limitations. It reviews only state and county criminal records, so it can miss federal or out-of-state offenses. Because the search is based on a person’s name instead of fingerprints, even small data errors can affect accuracy.
Limited Scope
Level 1 checks confirm only Florida records. Federal arrests, other states’ convictions, or older sealed cases may not appear at all. This limited reach makes it unsuitable for high-trust positions.
Data Inconsistencies
Many reports contain incomplete or outdated information. Issues such as misspelled names, duplicate entries, old county updates, or expunged and sealed cases often remain visible when local databases are not synchronized with the FDLE.
Wrong Personal Details
Incorrect birth dates or Social Security numbers can produce false matches. Applicants sometimes worsen the issue by entering inaccurate education or employment history, which can delay or void the review.
Employer Compliance Risks
Employers and agencies must manage every background check in line with the Fair Credit Reporting Act (FCRA) and Florida privacy laws. Mishandling data or disclosing results without consent can trigger civil penalties and legal action.
Not Suitable for Sensitive Roles
Because Level 1 checks depend only on personal identifiers, they are best for administrative or low-risk roles. Jobs in healthcare, childcare, or public safety require a Level 2 fingerprint screening, verified by both FDLE and the FBI, as the legally approved standard.
Consolution
A Level 1 background check provides a quick and affordable way to confirm someone’s record within Florida. It’s ideal for state or local roles that do not require fingerprint or federal database access. However, because this type of screening is limited in scope, it may not reveal offenses outside Florida or older sealed records.
If a background check result appears incorrect or incomplete, it’s essential to verify the report directly through FDLE and request correction under Rule 11C-8.001. A clean and accurate record ensures full compliance with Florida employment and licensing laws, and can help avoid unnecessary disqualification or delay.
Level 1 Background Check Questions (FAQ)
How long does a Level 1 check stay valid?
A Level 1 background check in Florida does not have a fixed expiration date. Its results reflect the person’s record at the time of screening, and any criminal history remains indefinitely unless expunged or sealed.
Can employers combine Level 1 with private checks?
Yes. As long as they follow the Fair Credit Reporting Act and Florida privacy laws. Many add education or credit verifications for completeness.
Are Level 1 results public?
No. Your results go only to you or the authorized agency. Employers must keep them confidential under Florida’s public records exceptions.
Can expunged offenses appear on a Level 1 check?
No. Once a record is expunged or sealed under Florida Statute § 943.0585, it’s removed from public view. Only law enforcement may see it for specific statutory reasons.
How do you dispute an incorrect disqualification?
File an appeal within 30 days to your licensing agency and include corrected documents from FDLE or the court. If the issue continues, request a formal review through FDLE’s Records Section.
What’s the connection between expungement and background checks?
Expungement and background checks are closely linked because expungement removes criminal records from public access, while background checks reveal them. When your record is expunged in Florida, it no longer appears on most employer or landlord background checks run through the FDLE or private databases. Only certain government agencies can still view it for limited purposes.
