Florida Criminal Background Checks

March, 2025

Thomas Fox, J.D.

Fox Paralegal Services

Lake Cumberland, Kentucky

https://blog.foxparalegalservices.com/

Florida Youth Soccer has, by law, begun to require Level 2 Florida criminal background checks. The Lovel 2 criminal background check requires the applicant's fingerprints. This makes the Level 2 check more rigorous than the Level 1 background check, that does not involve he use of fingerprints.

How much more accurate and in-depth is the Level 2 criminal background check compared to the Level 1 check, and why? 

Comparison: Level 2 vs. Level 1 Criminal Background Checks in Florida

Florida law distinguishes between Level 1 and Level 2 background checks, with Level 2 being significantly more rigorous, in-depth, and accurate. The key differences arise from the use of fingerprints, the breadth of criminal record searches, and how deeply the subject is vetted.

Florida Youth Soccer Association

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1. Key Differences Between Level 1 and Level 2 Background Checks

Feature	Level 1 Background Check	Level 2 Background Check
Identification Method	Name-based (SSN, DOB, Name)	Fingerprint-based (more precise)
Scope of Criminal Record Search	Florida-only (FDLE database)	Statewide + National (FBI/FDLE)
FBI National Check	❌ Not included	✅ Includes FBI fingerprint check
Accuracy & Risk of Errors	Higher risk of false matches (common names, aliases)	Extremely precise due to biometric verification
Arrest & Conviction Records	May only report convictions	Reports arrests, charges, and convictions
Search of Additional Databases	Limited to FDLE databases	Includes NCIC, sex offender registries, abuse registries
Who Typically Requires It?	Private employers, lower-risk roles	Jobs with vulnerable populations (youth, elderly, disabled)
Disqualifying Offenses	Employer discretion	Florida Statutes § 435.04 defines automatic disqualifications

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2. Why Is Level 2 More Accurate and In-Depth?

A. Fingerprints Ensure Correct Identification

• Level 1 relies on name-based searches, which can miss records due to alias use, misspellings, or common names.

• Level 2 uses fingerprints, which are unique to each person, eliminating identity confusion.

• Example: Two "John Smiths" in Florida—Level 1 may confuse their records, but Level 2 fingerprints confirm exact matches.

B. Nationwide Criminal Record Check

• Level 1 checks only Florida records (FDLE system), missing crimes from other states.

• Level 2 searches the FBI's National Crime Information Center (NCIC) and other state law enforcement databases, ensuring out-of-state crimes are not overlooked.

C. More Comprehensive Background Coverage

• Level 2 includes records of arrests, charges, and convictions, whereas Level 1 often reports only convictions.

• Sex offender registries and child abuse databases are included in Level 2, ensuring maximum safety for positions working with minors.

D. Florida Statute § 435.04 Mandates Strict Disqualifications

• Level 2 disqualifies individuals automatically for certain offenses, such as:

• Sexual offenses

• Child abuse

• Violent felonies

• Fraud-related felonies

• Level 1 does not have mandatory disqualifications—employers have more discretion.

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3. Why Is Level 2 Necessary for Youth Athletic Coaches?

• Ensures child safety by detecting past crimes nationwide.

• Reduces risk of mistaken identity by using fingerprints.

• Aligns with Florida law (statute mandates fingerprint-based screenings for positions of trust).

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Final Verdict: How Much More Accurate Is Level 2?

• Level 2 is vastly more accurate because it: ✅ Uses biometric fingerprinting for precise identification.

• Searches national databases (FBI, NCIC, sex offender registries), unlike Level 1, which is limited to Florida records.

• Detects arrests, pending charges, and convictions, whereas Level 1 may only show convictions.
  Prevents identity mix-ups, a common issue in name-based searches.

Conclusion:

 Level 2 background checks are the gold standard for positions requiring a high degree of trust, like youth athletic coaching, because they provide the most thorough vetting possible.

Additional Resources:

FYSA Risk Management Policy Memo

Florida Youth Soccer Association RULES  2024 - 2025 

The FYSA Risk Management Program is in place to identify and assess potential risks to their soccer community. FYSA monitors and minimizes the probability and/or impact these risks may pose to youth athletes around the state.