Level 1 and Level 2 background checks: what each checks and who needs which

The short version

Six rules to know before you screen.

• The levels are Florida’s terms. Chapter 435 of the Florida Statutes defines them. Outside Florida, “Level 2” has no federal legal meaning.
• Level 1 is a name-based check: employment history, a Florida criminal check through FDLE and the national sex offender website. Level 2 is a fingerprint check of Florida, FBI and local records, plus the sex offender registries of every state the person lived in for the past 5 years.
• The program’s own law names the level. Chapter 435 applies only when another Florida law requires screening, and that law says which level.
• No contact before the result. A person in a screened job may not work with children or vulnerable adults until screening clears; training and orientation can come first.
• One list of disqualifying offenses covers both levels, and a pending arrest for a listed offense counts.
• A disqualified person can ask for an exemption. For a felony, the wait is at least 2 years after the sentence and supervision end, and court-ordered amounts must be paid first.

What each level checks

The two standards in chapter 435, and what disqualifies under each.

• Applicability of chapter 435 (s. 435.01). Chapter 435 sets the screening standards. It applies when another Florida law says a job must be screened under this chapter. Chapter 435 does not, by itself, require every employer to screen. Do: Find the program law that covers the position and the level it names. Don’t: assume every Florida employer must run Level 2 checks. s. 435.01, F.S. (2026)
• Employee, employer, vulnerable person (s. 435.02). An ’employee’ is anyone the law requires to be screened, including contractors, licensees, and volunteers. A ‘vulnerable person’ is a minor or a vulnerable adult. Do: Screen covered contractors and volunteers, not only payroll staff. s. 435.02(3), F.S. (2026) s. 435.02(8), F.S. (2026)
• Level 1 screening standards (s. 435.03). Level 1 is a name-based check, not a fingerprint check. It must include employment history checks, a statewide criminal check through FDLE, and a search of the national sex offender public website. Local police checks are optional. Do: Check employment history, the FDLE statewide record, and the Dru Sjodin National Sex Offender Public Website. Don’t: call a Level 1 check a fingerprint check. s. 435.03(1), F.S. (2026)
• What disqualifies at Level 1. Level 1 uses the same offense list as Level 2 (s. 435.04(2)). A pending arrest for a listed offense also disqualifies. So does any domestic violence offense. Don’t: use a shorter offense list for Level 1 positions. s. 435.03(2), F.S. (2026) s. 435.03(2), F.S. (2026)
• Level 2 screening standards (s. 435.04(1)). Level 2 is a fingerprint-based check. It covers the Florida record through FDLE, the national record through the FBI, and local law enforcement records. It also searches the sex offender registries of every state the person lived in during the past 5 years. Do: Send the person for electronic fingerprinting; Search registries for each state of residence in the last 5 years. Don’t: accept a name-based screening company report as a Level 2 check. s. 435.04(1)(a), F.S. (2026) s. 435.04(1)(a), F.S. (2026)
• Electronic fingerprint submission and vendors (s. 435.04(1)(b)-(d)). Fingerprints must go to FDLE electronically. Agencies may contract with vendors (LiveScan providers) to take them. Vendors must meet FDLE’s rules and send the required identifying data. Do: Use a LiveScan provider that submits electronically to FDLE. s. 435.04(1)(b), F.S. (2026) s. 435.04(1)(c), F.S. (2026)
• What counts as a disqualifying record (s. 435.04(2)). A person is disqualified by a listed offense if there is a pending arrest, a guilty finding even when adjudication was withheld, or a guilty or no contest plea. A juvenile delinquency finding counts unless the record was sealed or expunged. Similar out-of-state offenses count too. Do: Treat ‘adjudication withheld’ and no contest pleas as disqualifying for listed offenses. Don’t: wait for a conviction when an arrest for a listed offense is still pending. s. 435.04(2), F.S. (2026) s. 435.04(2), F.S. (2026)
• Domestic violence disqualifies (s. 435.04(3)). At Level 2, any domestic violence offense, as Florida defines it, also disqualifies. This includes a pending arrest. It applies to acts in any state. s. 435.04(3), F.S. (2026)
• Extra offenses for Medicaid participation (s. 435.04(4)). For Medicaid provider screening, more offenses disqualify. They include health care fraud, patient abuse, controlled substance crimes, financial misconduct, and certain public records and official misconduct crimes. s. 435.04(4), F.S. (2026)

Who needs which level in Florida

The program law names the level. These are the main programs and the law for each.

• Specified agencies (s. 435.02(7), F.S.). The agencies required to use state and national fingerprint screening for people who work with children, the elderly or people with disabilities: DOH, DCF, AHCA, Elder Affairs, DJJ, APD, Education, Veterans’ Affairs, school districts and other public and scholarship schools, regional workforce boards, and approved local child care licensing agencies. 435.02(7)
• Security officers and private investigators (ch. 493): a DACS license, not a chapter 435 level. Florida security officers (Class D) and other ch. 493 licensees are screened by the Department of Agriculture and Consumer Services when they apply for a license, with fingerprints and processing and retention fees. The licensing sections (ss. 493.6105 and 493.6106) set their own standards and do not use the Level 1 or Level 2 terms. Employers verify the license. Do: Verify the person’s ch. 493 license class before assigning security work. Don’t: describe a Class D license check as a ‘Level 2’ screening. 493.6105(3)(j)
• Jessica Lunsford Act (2005). The 2005 law that made school districts run state and national fingerprint checks on noninstructional staff and contractors. It amended s. 1012.465 (s. 21, ch. 2005-28). Chapter 2007-207 then added the contractor sections, s. 1012.467 and s. 1012.468. FDOE Technical Assistance Paper DPS 2009-017 (Jan. 16, 2009) 1012.465 History
• Noninstructional contractor with incidental contact (s. 1012.467): fingerprint check, narrower offense list, badge. A contractor allowed on school grounds when students are present, but not expected to have direct contact, gets a fingerprint check judged against a short list of offenses (sex offenses, murder, kidnapping, child abuse and others). They must report an arrest for those offenses within 48 hours, and get a statewide photo badge valid 5 years. Do: Return the badge within 48 hours if you report an arrest. Don’t: let a contractor you know was arrested for a listed offense onto campus while students are present; that is a felony for the employer too. 1012.467(8)(c)
• School contractor exceptions (s. 1012.468). Districts must exempt some contractors from fingerprinting: those always in line of sight of a screened employee, those already Level 2 screened within 5 years for another license or job, police assigned to the school, ambulance staff, workers behind a 6-foot chain-link fence, brief pickup or delivery visits, and FHSAA investigators. Exempt contractors still get a free sex offender registry check. Do: Run the free state and national sex offender registry search on exempt contractors. Don’t: run a second criminal history check on a contractor who meets s. 1012.468(2). 1012.468(4)
• Child care: DCF 3-business-day result and 45-day provisional hire (s. 402.305(2)(a)). Child care staff need Level 2 screening plus employment history checks and a search of criminal, sex offender and child abuse registries in every state lived in during the past 5 years. DCF must give results within 3 business days of getting the criminal record; if it cannot, it gives a 45-day provisional-hire status, with direct supervision around children. Do: Keep any provisional hire under direct supervision of a screened and trained staff member when near children. Don’t: leave a provisional hire alone with children. 402.305(2)(a)
• Youth sports coaches (independent sanctioning authorities), changed July 1, 2026. Since July 1, 2026, a private youth sports organization (not tied to a private school) is a qualified entity in the Clearinghouse and must run Level 2 checks on every current and prospective coach, assistant, manager and referee with direct contact with minors. Referees and coaches under 18 who are disqualified may work under a Level 1 plus sex offender registry check if directly supervised. Disqualification notice is due within 7 business days; records are kept 5 years. Do: Screen at the authority level; do not hand the duty to individual teams; Keep results and disqualification notices for at least 5 years. ch. 2026-114, s. 1 (943.0438(2)(a)1.)
• Qualified entities (VECHS, s. 943.0542) joining the Clearinghouse. Organizations that are not required by law to screen but may screen under the National Child Protection Act (youth groups, nonprofits) are ‘qualified entities.’ From January 1, 2026, or a later date AHCA sets, they send requests to AHCA, the prints go into the Clearinghouse, and AHCA decides eligibility. Since July 1, 2026, each must name a user administrator. If AHCA finds a person Not Eligible, the entity may still record its own exception in the Clearinghouse. Do: Name a user administrator responsible for criminal history security and privacy; Keep a signed waiver from each person screened; Use the Clearinghouse (AHCA’s VECHS guide) for new requests rather than sending them to FDLE. 943.0542(2)(a)1. 943.0542(2)(a)2.

The screening steps, in order

For employers that screen through Florida’s Care Provider Background Screening Clearinghouse. Processing times are the agency’s stated averages, not legal deadlines.

• Before any fingerprinting. Register the organization in the Clearinghouse (AHCA portal). APD provider applicants first send a Clearinghouse access request to the local APD office; APD says processing of that request can take up to 10 business days. 435.12(2)(d)
• At offer. Search the Clearinghouse for the person. If shareable results exist, request a free Agency Review instead of new prints. CRW Guide
• At offer. Initiate New Screening: confirm SSN, enter profile, run the OIG exclusion search (health care), pick provider and position, confirm the signed Privacy Policy; the ORI is set automatically. CRW Guide
• Same session. Choose a Livescan provider, book the appointment, print the Livescan Request Form (ORI, Screening Request ID, appointment). CRW Guide
• Appointment. Person is fingerprinted electronically and photographed; pays the vendor unless the employer pays. Vendor sends prints to FDLE in 24 to 72 business hours. 59A-35.090(2)(b)
• About 5 to 7 business days after FDLE results (AHCA average). The agency reviews the state and FBI record and posts Eligible or Not Eligible; incomplete records trigger a 30-day request to the person. AHCA Screening Information
• Within 5 business days of the result or hire. Add the person to the Employee/Contractor Roster (hire or provisional hire date). File the eligibility result and signed attestation in the personnel file. 435.12(2)(c)2.
• Ongoing. Act on arrest notifications for rostered staff; remove from contact on a disqualifying arrest. Enter end dates within 5 business days. CRW Guide
• 60 days before the Retained Prints Expiration Date. Initiate a Clearinghouse Renewal and pay in the system; reminders at 60, 30 and 21 days. AHCA Clearinghouse Renewals FAQ 6

• Care Provider Background Screening Clearinghouse (s. 435.12, F.S.). A state-run website, run by AHCA with FDLE, that holds fingerprint-based (Level 2) results so one screening can be shared by the state agencies that require it. If your workers serve children, the elderly or people with disabilities under one of these agencies, you screen through it. Do: Register your organization with the Clearinghouse before you send anyone to be fingerprinted. Don’t: send an applicant to a fingerprint vendor on your own first; the request must start in the Clearinghouse. 435.12(1)
• Register and initiate through the Clearinghouse first (s. 435.12(2)(d); r. 59A-35.090(2)(a)). Before you refer anyone for fingerprinting, your organization must be registered and must start the check in the Clearinghouse. You enter the person’s full name, middle initial, Social Security number (or ITIN), date of birth, mailing address, sex and race. Do: Confirm the Social Security number before you submit; you cannot edit it later; Have the applicant sign the Clearinghouse Privacy Policy and check the box confirming it. Don’t: let an applicant get fingerprinted under a generic or wrong ORI; the Clearinghouse sets the ORI from the provider you choose. 435.12(2)(d) CRW Guide (AHCA, 10/21/2025), Initiate New Screening
• Agency Review (free reuse of an existing Clearinghouse screening). If the person was screened for another specified agency and the screening is shareable, request a free Agency Review. The person does not go back to Livescan, and you get the public rap sheet. Do: Search the Clearinghouse before initiating a new screening. Don’t: pay for new fingerprints when an Agency Review will do. CRW Guide, Initiate Agency Review
• Livescan electronic fingerprinting with photograph. Level 2 fingerprints must be taken electronically by a Livescan Service Provider (contracted through AHCA or approved by FDLE), with a photo taken at the same time. The applicant or employer pays the vendor at the appointment. Do: Pick a Livescan provider and book the appointment from inside the Clearinghouse request; Print the Livescan Request Form for the applicant. Don’t: accept ink cards for a Clearinghouse screening; submission must be electronic. 59A-35.090(2)(b) 435.12(2)(a)5.
• Rejected (illegible) fingerprints. If the FBI rejects the prints as unreadable, you are notified through the AHCA secure website and the person must go back to the same Livescan provider for a second set. Do: Watch the Clearinghouse for a rejected-print notice and send the person back promptly. 59A-35.090(2)(c)
• OIG exclusion list check at initial screening (AHCA health care providers). For a person with no prior screening, the AHCA Clearinghouse workflow asks you to search the federal OIG List of Excluded Individuals and Entities by hand and confirm you did it. After that, the system re-checks the list automatically when it updates every 30 days. Do: Run the OIG LEIE search when the Clearinghouse prompts you, and tick the confirmation. Don’t: hire a person on the exclusion list into a Medicare or Medicaid provider. CRW Guide, Search Medicare/Medicaid Exclusions
• Eligibility determination (Eligible / Not Eligible) posted on the secure website. The agency, not the employer, reviews the state and FBI record against the disqualifying offenses and posts a qualifying or disqualifying status. You read the result in the Clearinghouse Results Website; you do not get to decide eligibility yourself. Do: Check the person profile for the eligibility status before the person starts in a covered role; Keep the eligibility result and the signed attestation in the personnel file. Don’t: share the Level 2 record; AHCA says it is confidential to the person screened. 408.809(3) AHCA Screening Information page
• Processing times (AHCA stated averages, not legal deadlines). AHCA says Livescan vendors take 24 to 72 business hours to send prints to FDLE, and AHCA’s review averages 5 to 7 business days after FDLE results arrive. Plan start dates around this. Do: Build at least two weeks into the hiring timeline for a new Level 2. Don’t: promise a start date that depends on a same-week result. AHCA Screening Information page
• Incomplete record: arrest report and court disposition requested from the person. If the record shows an arrest without an outcome, AHCA writes to the person screened for the arrest report and court disposition. The person has 30 days to file them or may be disqualified. Do: Tell applicants to watch their mail; AHCA uses the address given to FDLE. 59A-35.090(3)(b)
• Screened and eligible before contact; provisional hire for training only. A person must be screened and eligible before working in a Level 2 position. You may hire them earlier for training and orientation, but they may not have direct contact with vulnerable persons until screening is complete. Do: Record a provisional hire date in the Clearinghouse if you use the training exception. Don’t: schedule a pending hire with clients or patients. AHCA Screening Information page 59A-35.090(2)(e)
• Who pays and what it costs. The law lets the employer or the person pay, and employers may reimburse. AHCA’s education FAQ (updated April 10, 2025) lists a state fee of $24, a retention fee of $24 and an FBI fee of $12, with no Clearinghouse fee, plus the Livescan vendor’s own fee. Agency Reviews are free and a resubmission is $12. AHCA’s renewal page now gives $43.25 for a renewal; the older FAQ said $42.00. Do: Budget the Livescan vendor fee, which varies by vendor. 408.809(5) Clearinghouse for Education FAQs (updated April 10, 2025), Fees

While the person works for you

The clocks that keep running after the hire.

• Employee/Contractor Roster: report status within 5 business days (s. 435.12(2)(c)). You must keep every screened worker on your Clearinghouse roster. Enter the hire (or provisional hire) date and any change, including the end date, within 5 business days. The roster is also how you receive arrest alerts and print-expiration reminders. Do: Add each new hire to the roster within 5 business days of the result; Enter an end date within 5 business days when someone leaves. Don’t: rely on the AHCA web page that still says 10 business days; the statute changed to 5 on January 1, 2024. 435.12(2)(c)
• Fingerprint retention and arrest notification (s. 435.12(2)(a)). FDLE keeps the prints and checks them against new Florida arrests; the FBI keeps them in its Rap Back program. New arrest hits go to the Clearinghouse, and current employers who have the person on their roster are notified. Do: Keep the roster current so arrest notices reach you. 435.12(2)(a)2. 435.12(2)(a)4.
• Clearinghouse Renewal (every 5 years from print retention). Retained prints expire after 5 years. You renew inside the Clearinghouse, starting 60 days before the Retained Prints Expiration Date; the prints are re-sent to the FBI and no new fingerprinting is needed. Miss the date and the person needs a whole new screening. Do: Watch the Retained Print Expiration table and the 60-, 30- and 21-day reminder emails; Initiate and pay for the renewal in the Clearinghouse before the expiration date. Don’t: confuse the eligibility determination date with the Retained Prints Expiration Date; they can differ by up to 5 years. AHCA Clearinghouse Renewals FAQ 3 AHCA Clearinghouse Renewals page
• Break in service of more than 90 days: resubmission. Until prints are enrolled in FBI Rap Back, a person who leaves a covered position for more than 90 days must get a new national check when they return. In the Clearinghouse this is a ‘Resubmission’ of the retained prints; it does not extend the retention date. Do: Ask about gaps over 90 days at hire and in the attestation; Use Initiate Resubmission, not a new screening, when prints are still retained. Don’t: treat a resubmission as a renewal; the expiration date stays the same. AHCA Clearinghouse Renewals FAQ 10
• Five-year rescreening for AHCA-regulated providers (s. 408.809(2)). Everyone screened under s. 408.809 must be rescreened every 5 years as a condition of keeping the license, job or contract. In practice the Clearinghouse Renewal does this when prints are retained. Do: Track each person’s 5-year date in the Clearinghouse.
• Attestation of Compliance (AHCA Form 3100-0008) kept in the personnel file. For AHCA-licensed providers, each person signs the Attestation of Compliance at hire. It confirms they meet the screening rules, have not been out of a Level 2 position more than 90 days, and will tell you right away if arrested for a disqualifying offense. You keep it; you do not send it in. Do: Have the attestation signed at hire and file it with the eligibility result. 59A-35.090(2)(d) 59A-35.090(2)(d)
• Known arrest for a disqualifying offense: remove from contact. If you learn a worker was arrested for a disqualifying offense, remove them from any role that requires screening. They stay out until the arrest is resolved in a way that you decide leaves them still eligible. Do: Remove the person from any role with contact with vulnerable persons when you learn of the arrest. AHCA Screening Information page

• Employee attestation and duty to report arrests (s. 435.05(2)). Every screened employee must sign, under penalty of perjury, that they meet the standards. They also agree to tell the employer right away if arrested for a disqualifying offense. AHCA-licensed providers use AHCA Form 3100-0008. On it the person also attests to no break of more than 90 days from a Level 2 position. Keep it in the personnel file. Do: Get the signed attestation at hire and keep it with the screening result in the personnel file. Don’t: skip the attestation because the check came back clear. s. 435.05(2), F.S. (2026) s. 435.05(2), F.S. (2026)
• Employer submits screening information within 5 working days (s. 435.05(1)(b)-(c)). Once the employer has the person’s screening information, it must send it to FDLE within 5 working days. This applies to both levels. The employer must then tell the person whether the check found anything disqualifying. Do: Submit within 5 working days of receiving the information; Tell the person the result. s. 435.05(1)(b), F.S. (2026) s. 435.05(1)(c), F.S. (2026)
• Person supplies missing information within 30 days (s. 435.05(1)(d)). If the record is incomplete, the person must supply the missing criminal or other information within 30 days of the request. A person who does not cooperate or submit on time must be disqualified. Do: Track the 30-day clock from the date the person receives the request. s. 435.05(1)(d), F.S. (2026) Rule 59A-35.090(3)(b), F.A.C.
• School employee rescreening schedule (s. 435.12(3)(a)). School district, charter, and certain private school employees must be rescreened on a set schedule. Those last screened on or before June 30, 2021 were due by June 30, 2025. Those last screened from July 1, 2021 to June 30, 2022 were due by June 30, 2026. Those last screened from July 1, 2022 to December 31, 2023 are due by June 30, 2027. Schools may choose to screen volunteers. s. 435.12(3)(a)1., F.S. (2026) s. 435.12(3)(a)2., F.S. (2026)
• Sharing personnel records among covered employers (s. 435.10). Covered employers must give personnel records for current or former employees to another covered employer that asks. This can include discipline and reasons for termination. The releasing employer is protected unless it maliciously falsified records. s. 435.10, F.S. (2026)
• Confidentiality of screening results (s. 435.09). Criminal and juvenile information from screening may be used only to decide whether a person meets the standards. These records are exempt from Florida’s public records law. Do: Limit access to people who make the screening decision. Don’t: use screening results for any other purpose. s. 435.09, F.S. (2026)

Disqualifying offenses

The full list in s. 435.04: 64 offenses for every screened job, domestic violence, and 14 more for Medicaid providers. A pending arrest, a guilty finding (even when adjudication was withheld) or a guilty or no contest plea for a listed offense disqualifies. A juvenile delinquency finding counts unless the record was sealed or expunged, and similar out-of-state offenses count too.

Domestic violence, also: Any domestic violence offense (as defined in s. 741.28), in Florida or elsewhere (741.28 (definition)).

For Medicaid providers, also:

When someone is disqualified

What the employer must do, and how the person can ask for an exemption.

• Written notice of disqualification (s. 435.06(1)). If screening gives grounds to deny or end employment, the employer or agency must tell the person in writing and name the specific record. The person may contest only on mistaken identity. Otherwise, the path is an exemption. Do: Give written notice that names the specific record. Don’t: debate the merits of a real record; point the person to the exemption process. s. 435.06(1), F.S. (2026) s. 435.06(1), F.S. (2026)
• No contact with vulnerable persons until screening clears (s. 435.06(2)(a)). An employer may not let a person have contact with vulnerable persons in a screened role until the screening is complete and clear. If the person is disqualified, that holds unless the agency grants an exemption. Do: Hold contact until the result is final and clear. Don’t: let a new hire work with vulnerable persons while results are pending. s. 435.06(2)(a), F.S. (2026)
• Training and orientation before screening clears (s. 435.06(2)(d)). An employer may hire someone before screening is complete for training and orientation only. The person may not have direct contact with vulnerable persons until screening clears. Do: Limit pre-clearance work to training and orientation with no direct contact. s. 435.06(2)(d), F.S. (2026)
• Remove from contact after an arrest (s. 435.06(2)(b)). If the employer learns a worker was arrested for a disqualifying offense, it must remove the worker from contact with vulnerable persons. The removal lasts until the arrest is resolved and the employer finds the worker still eligible. Do: Remove the worker from contact as soon as you learn of the arrest. s. 435.06(2)(b), F.S. (2026)
• Terminate or move to an unscreened position (s. 435.06(2)(c)). A worker who does not meet the standards must be let go or moved to a job that does not require screening, unless an exemption is granted. Do: Consider a position that does not require screening. s. 435.06(2)(c), F.S. (2026)
• Refusal to cooperate (s. 435.06(3)). A person who refuses to cooperate or does not submit information on time, including fingerprints, must be disqualified. A current employee must be dismissed. s. 435.06(3), F.S. (2026)
• Employer protection when it terminates (s. 435.06(4)). An employer that terminates a person after notice of a conviction or arrest for a disqualifying offense has no reemployment assistance (unemployment) liability and faces no damages claim. This holds even if the person has applied for an exemption. s. 435.06(4), F.S. (2026)

Exemptions

• Who grants an exemption (s. 435.07(1)(a)). The head of the agency that requires the screening (or the qualified entity) decides exemptions. For AHCA-regulated providers, that is AHCA. Health professionals working within a Department of Health license apply to their DOH board instead. Don’t: send an exemption request to the employer; the agency decides. s. 435.07(1)(a), F.S. (2026) Rule 59A-35.090(4)(b), F.A.C.
• Waiting period for felonies: 2 years (s. 435.07(1)(a)1.). For a disqualifying felony, the person may apply once at least 2 years have passed since finishing jail, prison, probation, or other nonmonetary court conditions. s. 435.07(1)(a)1., F.S. (2026)
• Misdemeanors: no added wait after the sentence ends (s. 435.07(1)(a)2.). For a disqualifying misdemeanor, the person may apply once they have finished or been released from all court-imposed confinement, supervision, or nonmonetary conditions. The statute sets no extra waiting period. s. 435.07(1)(a)2., F.S. (2026)
• Felonies now reclassified as misdemeanors (s. 435.07(1)(a)3.). An offense that was a felony when committed but is now a misdemeanor is treated like a misdemeanor. The person may apply once the sentence is complete. s. 435.07(1)(a)3., F.S. (2026)
• Juvenile delinquency: 3 years for felony-level offenses (s. 435.07(1)(a)4.). Delinquency findings can be exempted. If the act would be a felony for an adult and the record is not sealed or expunged, the person must wait at least 3 years after finishing the court’s conditions. s. 435.07(1)(a)4., F.S. (2026)
• Court-ordered amounts paid in full first (s. 435.07(1)(b)). A person must pay in full any court-ordered fines, fees, costs, liens, or restitution for the disqualifying offense before becoming eligible for an exemption. s. 435.07(1)(b), F.S. (2026)
• No wait for certain staff of adolescent treatment providers (s. 435.07(2)). Staff of treatment providers for adolescents 13 and older may be exempted without the 2-year felony wait. This applies only when the disqualification rests solely on listed offenses: certain prostitution, burglary, theft, fraudulent drug sale, forgery, and drug offenses. s. 435.07(2), F.S. (2026) s. 435.07(2), F.S. (2026)
• Clear and convincing evidence of rehabilitation (s. 435.07(3)(a)-(b)). The person carries the burden. They must show by clear and convincing evidence that they should not be disqualified. The agency looks at the incident, time since, harm to the victim, and the person’s history since. Later arrests may count, even for offenses not on the list. s. 435.07(3)(a), F.S. (2026) s. 435.07(3)(b), F.S. (2026)
• Contesting a denial (s. 435.07(3)(c)). A denial can be contested in a chapter 120 administrative hearing. The judge asks whether the agency abused its discretion. AHCA and DCF both give 21 days from signing for the certified denial letter to ask for a hearing. A person may also reapply at any time. s. 435.07(3)(c), F.S. (2026) s. 435.07(3)(c), F.S. (2026)
• How long an exemption decision takes (no deadline in ch. 435). Chapter 435 sets no deadline for an agency to decide. AHCA’s FAQ says 30 days once the file is complete. DCF and AHCA say they decide once all documents arrive. DOH says times vary by licensing board, and it will not consider a case still pending. Do: Tell applicants that a complete file is what starts review. Don’t: promise an applicant a decision date; only AHCA’s FAQ states one. AHCA, Exemption FAQ, Q7 AHCA, Exemption from Disqualification page
• AHCA exemption process (Rule 59A-35.090(4)). AHCA uses Form 3110-0019 and charges no fee. It closes an application still incomplete 30 days after receipt. The person must have had a Level 2 screening within 6 months of applying. The rule sets no decision deadline; AHCA’s FAQ says it decides within 30 days of a complete application. AHCA voids an exemption if facts were hidden or a new disqualifying arrest occurs. Rule 59A-35.090(4)(d), F.A.C. Rule 59A-35.090(4)(g), F.A.C.
• Exemptions do not bind other agencies (s. 435.07(5)). An exemption from one agency must be considered by another agency, but it is not binding. Each agency decides for itself. Don’t: assume an exemption from DOH or APD covers an AHCA-regulated job. s. 435.07(5), F.S. (2026) AHCA, Exemption FAQ, Q16
• A pardon or restored civil rights does not remove disqualification (s. 435.07(4)(a)). A pardon, clemency, or restoration of civil rights alone does not remove a felony disqualification or create an exemption. The person still needs an exemption. s. 435.07(4)(a), F.S. (2026)
• Never exempt: sexual predators, career offenders, sex offenders (s. 435.07(4)(b)). No exemption may be granted to a designated sexual predator, a career offender, or a registered sexual offender. A sexual offender becomes eligible only if the duty to register has been removed under s. 943.04354. s. 435.07(4)(b)1., F.S. (2026) s. 435.07(4)(b)3., F.S. (2026)
• Never exempt for child care personnel (s. 435.07(4)(c)). For child care personnel, some offenses can never be exempted, and a past exemption does not help. A pending arrest counts, as does a guilty finding or plea. The list covers 21 felonies (including domestic violence felonies and drug felonies within 5 years), three misdemeanors, and their out-of-state twins. Registration as a sex offender under the federal child care law also bars the person. Don’t: rely on an old exemption for a child care hire. s. 435.07(4)(c), F.S. (2026) s. 435.07(4)(c), F.S. (2026)

Never exempt for child care personnel (s. 435.07(4)(c)):

• Domestic violence (ch. 741)
• Murder (782.04)
• Manslaughter, including aggravated manslaughter of a child, an elderly or disabled adult, or an officer, firefighter, EMT, or paramedic (782.07)
• Aggravated assault (784.021)
• Aggravated battery (784.045)
• Kidnapping (787.01)
• Luring or enticing a child (787.025)
• Taking or hiding a minor out of state with criminal intent pending custody proceedings (787.04(2))
• Taking or hiding a minor out of state with criminal intent pending dependency or abuse proceedings (787.04(3))
• Sexual battery (794.011)
• Sexual activity with or solicitation of a child by a person in familial or custodial authority (former 794.041)
• Unlawful sexual activity with certain minors (794.05)
• Female genital mutilation (794.08)
• Arson (806.01)
• Incest (826.04)
• Child abuse, aggravated child abuse, or child neglect (827.03)
• Contributing to the delinquency or dependency of a child (827.04)
• Sexual performance by a child (827.071)
• Child sexual abuse material (ch. 847)
• Drug abuse prevention and control offense (ch. 893)
• Sexual misconduct in juvenile justice programs (985.701)
• Battery (784.03)
• Luring or enticing a child (787.025)
• Child sexual abuse material (ch. 847)
• Any out-of-state or federal crime that would be one of the offenses above if committed in Florida (another state or federal law)
• Registered as a sex offender as described in 42 U.S.C. s. 9858f(c)(1)(C) (federal Child Care and Development Block Grant law) (42 U.S.C. 9858f(c)(1)(C))

Sealed and expunged records

Florida’s screened jobs are an exception to the usual rule that a sealed or expunged record may be denied.

• Sealed or expunged adult records still surface (ss. 943.0585(6)(b) and 943.059(6)(b), as amended by ch. 2026-114). A person seeking a covered job with DCF, AHCA, APD, DOH, DOEA, DJJ, or a school may not deny a sealed or expunged adult arrest. FDLE tells the screening agency that an expunged record exists and discloses a sealed record. From July 1, 2026, this also covers anyone a qualified entity screens through the Clearinghouse. Chapter 435 itself leaves out only sealed or expunged juvenile delinquency records. Don’t: tell an applicant that an expunged adult record will not count. s. 943.0585(6)(b), F.S. (2026) s. 943.0585(6)(b)9., F.S. (2026)

• Sealed and expunged records: no right to deny for qualified-entity Clearinghouse screening (ss. 943.0585(6)(b)9., 943.059(6)(b)11.). Since July 1, 2026, a person screened through the Clearinghouse by a qualified entity may not deny a sealed or expunged record, and FDLE discloses its existence for that screening. Employer staff may share it only with the person and the people deciding the hire. Do: Limit sealed or expunged record information to the people making the decision. Don’t: disclose a sealed or expunged record outside the decision; it is a first-degree misdemeanor. 943.0585(6)(b)9. 943.059(6)(b)11.

“Level 2” outside Florida

Where the term comes from elsewhere, the federal rules for fingerprint checks, and the other level terms we found in state law.

• “Level 2” outside Florida (no federal definition). Outside Florida, “Level 2” has no federal legal meaning. When people use it, they usually mean a fingerprint check run through a state agency that searches state records and then the FBI’s national records. Ask the agency or law that requires the check what it actually requires. Do: Name the law or licensing agency that requires the check, not a level number; Use the state’s own fingerprint process (the State Identification Bureau or the agency’s approved vendor). Don’t: assume a vendor’s “Level 2” package is the same as a state fingerprint check; treat a name-based screening report as meeting a fingerprint requirement. FBI, Public Law 92-544 Criteria 34 U.S.C. 41101 (Pub. L. 92-544)
• Vendor “Level 1 / Level 2 / Level 3” packages (industry usage). Some screening companies sell packages named Level 1, 2 or 3. These names are marketing labels. They are not defined in federal law, and they differ from vendor to vendor. Do: Ask the vendor for the exact list of searches in each package (which counties, which databases, fingerprint or name). Don’t: quote a vendor’s level definition as a legal standard.
• Public Law 92-544 (34 U.S.C. 41101): FBI records for state and local employment and licensing. A non-federal employer cannot get FBI records just by asking. A state (or tribal) law must require fingerprints for that job or license, and the FBI must approve that law. The prints go through the state’s identification bureau first. Do: Confirm your position falls in a category named in an FBI-approved state statute before you require FBI fingerprints. Don’t: expect to receive the FBI record itself as a private employer under a 92-544 statute; the state agency receives and screens it. 34 U.S.C. 41101 FBI, Public Law 92-544 Criteria (d)
• National Child Protection Act / Volunteers for Children Act (34 U.S.C. 40102). Organizations that care for children, older adults or people with disabilities can ask the state for a national fingerprint check on staff and volunteers, where the state has set this up by law. The state agency reviews the records and tells you its decision: whether the person has been convicted of, or is under indictment for, a crime that bears on fitness for the role. Do: Get the person’s fingerprints and a signed statement before you request the check; Tell the person in that statement that you may keep them away from the people you care for until the check is done. Don’t: use this route for jobs that don’t involve care of children, the elderly or people with disabilities. 34 U.S.C. 40102(b)(1) 34 U.S.C. 40102(b)(1)(E)
• Fingerprint-based checks vs name-based screening-company checks. A fingerprint check ties records to the person through prints, so it misses fewer records and wrongly matches fewer people. A name-based check from a screening company can search courts the FBI file lacks, but it can mix up people with similar names. Neither source is complete. Do: Use the check the law requires; add a name-based court search only if you need records the fingerprint file may lack (for example, missing dispositions). Don’t: assume an FBI record is complete; many arrests lack a final outcome; call a commercial database search ‘national’ in the FBI sense. AG Report on Criminal History Background Checks (June 2006), Executive Summary AG Report (2006), Executive Summary
• The FCRA line: government fingerprint checks vs screening-company reports. A screening company that assembles records for employers is a consumer reporting agency, so its report is a consumer report under the FCRA. FTC staff have said a state agency that runs criminal record checks as part of its legal duties is not a CRA, even when FBI results are included. These are staff views, not binding rules. Do: Run FCRA steps for any report from a screening company; Run the 28 CFR 50.12 notice-and-challenge steps for state/FBI fingerprint results. Don’t: assume a private vendor in the middle drops out of the FCRA because the data came from a government source. FTC staff opinion to Pickett, July 10, 1998, items 1-2 FTC staff opinion to Pickett, July 10, 1998
• Use and dissemination limits on FBI criminal history (28 CFR 20.33). FBI records obtained for a job may be used only for that purpose and only by the receiving agency or authorized entities. Ask for a new check for a later, different use. Do: Request a current record for each new authorized use. Don’t: forward FBI results to other employers or file them where unauthorized staff can read them. 28 CFR 20.33(d) 28 CFR 20.33(b)
• FBI CJIS noncriminal justice user fee (fingerprint-based CHRI check), effective October 1, 2026. The FBI’s own charge for an employment or licensing fingerprint check rose on October 1, 2026, to $15 per submission ($13 through a centralized billing provider). For volunteers who care for children, older adults or people with disabilities it is $13 ($11). The state adds its own fee on top. Do: Budget the FBI portion at $15 per employment submission (or $13 for qualifying care volunteers) from October 1, 2026, plus the state fee. Don’t: confuse this fee with the $18 personal Identity History Summary fee; they are different services. 91 FR 34655 (June 8, 2026), DATES 91 FR 34655, Supplementary Information
• FBI Next Generation Identification (NGI) Noncriminal Justice Rap Back Service. Rap Back keeps an employee’s fingerprints on file so the agency is told of later arrests, instead of re-fingerprinting on a schedule. Only agencies with legal authority to retain prints can use it, and subscriptions must be checked and removed when the job ends. Do: Remove a subscription when the person leaves the covered job; Validate subscriptions on the schedule your state uses (never longer than five years). Don’t: keep monitoring a former employee; the authority usually ends with the job. FBI NGI Rap Back PIA, Section 1 FBI NGI Rap Back PIA, Section 1
• Federal personnel vetting tiers (OPM/ODNI, Trusted Workforce 2.0): low, moderate and high. Federal jobs use their own tier system, separate from Florida’s levels and from vendor packages. Current federal rules describe background investigations at low, moderate and high tiers tied to the position’s risk. Older documents call them Tier 1 through Tier 5. Do: Treat a federal ‘tier’ as the federal agency’s own investigation level. Don’t: equate a federal tier with Florida’s Level 1 or Level 2. OPM final rule, Suitability and Fitness, 89 FR 102675 (Dec. 18, 2024), effective January 17, 2025 89 FR 102675, Background

Other states. We searched each state’s official legislature and code sites for level terms. Arizona’s “Level I” fingerprint clearance card is the one other level term we found in state law; Georgia’s child care rules use a two-step check without the word.

• Level I fingerprint clearance card (Arizona). Arizona has two fingerprint clearance cards, and both check Arizona and FBI records. The Level I card is stricter: 48 offenses bar it outright, and 68 more bar it unless the Board of Fingerprinting grants a good cause exception. Roles serving children or vulnerable adults through DES and DCS need the Level I card. Do: Check which card the role’s statute names. A Level I card satisfies a regular-card requirement; a regular card does not satisfy a Level I requirement; For DES/DCS-contracted roles, make sure the person has a Level I card or applies within seven working days of starting work; Track the six-year card expiry and apply before it ends, so the application counts as a renewal. Don’t: call the Arizona card a ‘Level 2’ check. Arizona’s term is Level I; let a worker under 18 with a Level I exemption work without direct visual supervision by Level I cardholders. A.R.S. 41-1758.07(A) A.R.S. 41-1758.07(C)
• 2025 Ariz. Sess. Laws ch. 179 (SB 1075): audiology and speech-language pathology compact. Since January 1, 2026, an audiologist or speech-language pathologist who seeks an Arizona license with the privilege to practice under the interstate compact must get a Level I fingerprint clearance card. The law also added a definition of ‘renewal’ to 41-1758.07. Do: Apply for a card renewal before the current card expires; 41-1758.07(S)(2) defines renewal as an application made before expiry. Don’t: tell every Arizona audiologist or speech-language pathologist they need a card; the text ties it to licensure with the article 4.1 compact privilege. 2025 Ariz. Sess. Laws ch. 179 (SB 1075), sec. 8 2025 Ariz. Sess. Laws ch. 179, sec. 1 (A.R.S. 36-1940(D)) and sec. 2 (36-1940.01(C))
• Fingerprint Records Check Determination vs Comprehensive Background Check (Georgia child care). Georgia child care uses two steps. DECAL first decides on FBI and GBI fingerprint records alone. That decision lasts only 45 days, and the person must work under constant supervision. The comprehensive check adds sex offender and child abuse registries and other states’ records, and only it clears a person to work without that supervision. Do: Keep a provisional employee under constant supervision by staff with a satisfactory comprehensive determination; Request the other states’ criminal and child abuse reports for anyone who lived outside Georgia in the past five years, and keep proof of the request. Don’t: treat the 45-day fingerprint determination as a full clearance; use provisional status twice for the same person within five years. DECAL policy CBC-001 (last amended 2/5/2024), 4. Definitions (m) DECAL policy CBC-001, 4. Definitions (c)

Need fingerprints taken? GCheck (paid link) schedules candidates for fingerprinting at certified collection sites, and says its Live Scan service transmits the prints to state agencies and the FBI.

If you are the person being screened

Your rights, said to you.

• 28 CFR 50.12(b) use-and-challenge requirements. If an FBI record comes back, you must get a chance to fix or complete it before you are turned down because of it. The federal rule says ‘reasonable time’; it sets no number of days. 28 CFR 50.12(b) 28 CFR 50.12(b)
• FBI Noncriminal Justice Applicant’s Privacy Rights statement. You should get a written Privacy Act Statement when you are fingerprinted. If the agency won’t give you a copy of your FBI record, you can get it yourself from the FBI. Privacy Rights, bullet 1 Privacy Rights, bullet 4
• FBI Identity History Summary (“rap sheet”) personal request, 28 CFR 16.30-16.33. You can request your own FBI record online (edo.cjis.gov), by mail, or through an FBI-approved channeler. The fee is $18 per person. Use it to check and correct your record before a job check. FBI IHS page, Overview FBI IHS page, 3. Pay
• Challenging an FBI record, 28 CFR 16.34. If your record is wrong or missing an outcome (for example, a dismissal), contact the agency that made the entry, or file a challenge through edo.cjis.gov. The FBI changes the record when that agency confirms the correction. 28 CFR 16.34 28 CFR 16.34
• Covered individual’s rights under 34 U.S.C. 40102(b)(2). You are entitled to a copy of any background check report and to instructions for an appeal. The appeal must be decided before the final determination. 34 U.S.C. 40102(b)(2)(A) 34 U.S.C. 40102(b)(2)(C)(iv)

• Person supplies missing information within 30 days (s. 435.05(1)(d)). If you get a request for court papers or arrest reports, send them within 30 days. Missing the deadline leads to disqualification. s. 435.05(1)(d), F.S. (2026) Rule 59A-35.090(3)(b), F.A.C.
• Waiting period for felonies: 2 years (s. 435.07(1)(a)1.). Count 2 years from the day you finished your sentence and supervision, not from the date of the crime or conviction. s. 435.07(1)(a)1., F.S. (2026)
• Misdemeanors: no added wait after the sentence ends (s. 435.07(1)(a)2.). For a misdemeanor, you can apply as soon as your sentence and supervision are complete. s. 435.07(1)(a)2., F.S. (2026)
• Court-ordered amounts paid in full first (s. 435.07(1)(b)). Pay every court-ordered fine, fee, and restitution amount in full before you apply. s. 435.07(1)(b), F.S. (2026)
• Clear and convincing evidence of rehabilitation (s. 435.07(3)(a)-(b)). Bring proof of rehabilitation: court and arrest records, completed treatment or education, and reference letters, including one from a current or recent employer. s. 435.07(3)(a), F.S. (2026) s. 435.07(3)(b), F.S. (2026)
• Contesting a denial (s. 435.07(3)(c)). If AHCA or DCF denies you, you have 21 days from the day you sign for the letter to ask for a hearing. You can also apply again later. s. 435.07(3)(c), F.S. (2026) s. 435.07(3)(c), F.S. (2026)

Common mistakes and the fix

• Treating a screening company’s name-based report as a ‘Level 2’ check. Level 2 under Florida law is a fingerprint check through FDLE and the FBI.
• Letting a new hire work with patients or children while results are pending. Allow training and orientation only until the screening clears.
• Ignoring a pending arrest because there is no conviction yet. A pending arrest for a listed offense disqualifies until it is resolved.
• Treating ‘adjudication withheld’ or a no contest plea as a clean record. Both count as disqualifying for listed offenses.
• Counting the 2-year exemption wait from the conviction date. Count from completion of confinement, supervision, or nonmonetary court conditions.
• Assuming a pardon or restored civil rights clears a felony disqualification. The person still needs an exemption.
• Assuming an exemption from one agency covers a job regulated by another. The new agency must consider it but is not bound by it.
• Telling an applicant that a sealed or expunged adult record will not come up. For these positions the person may not deny it, and FDLE discloses it; only sealed or expunged juvenile delinquency records fall outside s. 435.04(2).
• Forgetting to report a separation in the Clearinghouse. Report every status change within 5 business days.
• Using the AHCA ‘Screening Information’ page’s 10-business-day roster deadline. Use 5 business days; s. 435.12(2)(c)2. has required it since January 1, 2024, and AHCA’s own CRW Guide says 5.
• Sending the applicant to a fingerprint vendor before starting the Clearinghouse request. Initiate in the Clearinghouse first so the right ORI and Screening Request ID are attached.
• Leaving staff off the roster. Roster everyone; without it you get no arrest or expiring-print notices.
• Letting retained prints lapse. Renew inside the 60-day window; after expiration there is no grace period.
• Treating a resubmission (90-day break) as a 5-year renewal. Resubmission updates the national check only; still renew before the expiration date.
• Putting a pending hire in contact with clients. Training and orientation only until eligible.
• Calling a ch. 493 security license, or a name-based vendor report, a ‘Level 2’. In Florida ‘Level 2’ means the chapter 435 fingerprint-based state and national check; use the program’s own term.
• Using the DCF child care FAQ’s wording that volunteers working ‘more than 10 hours a week’ must be screened. Follow s. 402.302(3): a volunteer is left out only if the help is intermittent, under 10 hours a month, and a screened person is always present with the volunteer in line of sight. The same FAQ also gives the 10-hours-a-month rule.
• Treating a vendor’s ‘Level 2’ package as a state fingerprint check. Check what the governing law requires; fingerprint checks under Pub. L. 92-544 go through the State Identification Bureau.
• Asking applicants for a personal FBI Identity History Summary as the job check. Use the state employment/licensing fingerprint process; the personal summary is for the person’s own review.
• Denying the job the moment an FBI record arrives. Give the applicant a reasonable time to complete or challenge the record first.
• Assuming an FBI record shows how each arrest ended. Look for dispositions; many arrest entries lack them. The applicant can complete the record.
• Leaving a former employee enrolled in Rap Back. Remove the subscription within five business days after the authority ends.
• Skipping FCRA steps because a vendor’s data came from government sources. A third party hired to investigate or report on applicants is a CRA; follow the FCRA for its reports.
• Assuming every state has a ‘Level 2’ check because vendors sell ‘Texas Level 2’ or ‘California Level 2’ checks. Only Florida’s chapter 435 defines Level 1 and Level 2 among the states read. Elsewhere, use the state’s own term (Arizona Level I card, Georgia comprehensive check) or say ‘a fingerprint-based state and FBI check’.
• Reading ‘level’ in a state law or agency page as a screening level. Check what the level measures. Texas ‘Level II’ is a security officer training course; Colorado level I/II are private investigator license classes; New Mexico level one is a teacher license; Michigan casino Levels 1-3 are license classes (the level sets the depth of the investigation, but it is still a license class); Washington and Texas ‘level I screening / level II evaluation’ is PASRR, a nursing-home resident mental health screen; Delaware ‘Level III or Level IV’ is a Child Protection Registry level; Kentucky ‘tiering’ is regulatory impact boilerplate.
• Treating an Arizona regular fingerprint clearance card as meeting a Level I requirement. Check whether the role’s statute requires a card issued under 41-1758.07. A regular card under 41-1758.03 can be issued to people barred from Level I. The reverse works: a Level I card meets a regular-card requirement (41-1758.07(P)).
• Calling California’s ‘FBI’ level of service a ‘Level 2’ check. ‘Level of service’ (DOJ or FBI) is a field on the Live Scan request; the statute speaks of ‘federal level’ criminal offender record information. Name it a California DOJ and FBI fingerprint check.

Coming and proposed changes

• Florida is moving volunteer and youth-organization screening into the Clearinghouse; the start date is January 1, 2026 or a later date AHCA sets.
• Florida school staff last fingerprinted between July 2022 and December 2023 must be rescreened into the Clearinghouse by June 30, 2027.
• Federal law calls for a national program that would let care organizations in states without their own system get FBI fingerprint checks through a DOJ-designated entity; as of October 2026 the rule setting it up is still only proposed.

Questions employers ask

Related

• Florida background check laws
• Individualized assessment of a criminal record
• The adverse action process
• Your rights with a criminal record, by state

Sources

• s. 435.01, F.S. (2026)
• s. 435.02(3), F.S. (2026)
• s. 435.03(1), F.S. (2026)
• s. 435.04(1)(a), F.S. (2026)
• 408.809(1)
• 400.215(1)
• 400.512
• 429.174
• AHCA Who is Required to be Screened
• 394.4572(1)(a)
• 397.4073(1)(a)
• 402.305(2)(a)
• 409.175
• 393.0655(1)
• 430.0402(1)(a)
• 985.644
• 1012.32(3)
• 1012.467(2)(a)
• 1002.421
• 943.0438(2)(a)2.
• 943.0542
• 110.1127(1)
• 493.6105(3)(j)
• 435.02(7)
• FDOE Technical Assistance Paper DPS 2009-017 (Jan. 16, 2009)
• 1012.465 History
• 1012.468 History
• ch. 2026-114, s. 1 (943.0438(2)(a)1.)
• AHCA VECHS and ISA CRW Instruction Guide (06/22/2026), Appendix A
• 435.12(2)(d)
• CRW Guide
• 59A-35.090(2)(b)
• AHCA Screening Information
• AHCA Clearinghouse Renewals FAQ 6
• Clearinghouse for Education FAQs (updated April 10, 2025), Fees
• s. 435.05(2), F.S. (2026)
• s. 435.12(3)(a)1., F.S. (2026)
• s. 435.10, F.S. (2026)
• s. 435.09, F.S. (2026)
• s. 435.06(1), F.S. (2026)
• s. 435.07(1)(a), F.S. (2026)
• AHCA, Exemption FAQ, Q13
• DCF, Exemption from Disqualification FAQ
• AHCA, Exemption from Disqualification page
• DOH (flhealthsource.gov), FAQ
• s. 943.0585(6)(b), F.S. (2026)
• s. 943.059(6)(b)11., F.S. (2026)
• 943.0585(6)(b)9.
• 943.059(6)(b)11.
• FBI, Public Law 92-544 Criteria
• 34 U.S.C. 41101 (Pub. L. 92-544)
• 28 CFR 50.12(a)
• 34 U.S.C. 40102(b)(1)
• 34 U.S.C. 40104(10) ‘qualified entity’
• AG Report on Criminal History Background Checks (June 2006), Executive Summary
• FTC staff opinion to Pickett, July 10, 1998, items 1-2
• FTC staff opinion to Copple, June 10, 1998
• 15 U.S.C. 1681a(b)
• FTC staff report, 40 Years of Experience with the FCRA (July 2011), comment 603(f) item 5.B
• 28 CFR 20.33(d)
• 91 FR 34655 (June 8, 2026), DATES
• 91 FR 42560 (July 9, 2026), footnote 3 to the fee table
• FBI NGI Rap Back PIA, Section 1
• OPM final rule, Suitability and Fitness, 89 FR 102675 (Dec. 18, 2024), effective January 17, 2025
• A.R.S. 41-1758.07(A)
• AZ DPS Fingerprint Clearance Card page
• 2025 Ariz. Sess. Laws ch. 179 (SB 1075), sec. 8
• DECAL policy CBC-001 (last amended 2/5/2024), 4. Definitions (m)
• Ga. Comp. R. & Regs. 290-2-3-.03(m), as printed in DECAL Proposed Rule Changes, October 1, 2026
• Privacy Rights, bullet 1
• FBI IHS page, Overview
• 28 CFR 16.33

Last reviewed October 27, 2026 · General information, not legal advice.