Blue Mercy
Oct 20, 2013, 04:56 PM
I had an incident 18 yrs ago that to my knowledge had been expunged. Unfortunately not until I just had a a level 2 background check did I find out it had not. There were 3 misdemeanors. 1. Battery 2. Possession of cannabis less than 2.5 grams, and 3.possession of paraphernalia again all misdemeanors. I have Two questions: 1. Will these charges limit my ability to pass a level 2 background check and 2. Will my potential employer be able to see the charges that I pled guilty to?
I should also add that I had to obtain the records of the incident from another state and still need to provide them to acha. Expungement will take close to 125 days so I figured my best bet was to release the records if I want to obtain this position... though my potential employer maybe be willing to employ me while I go through that process. So therein also lies the catch of privacy if I provide the documents will my employer know the the charges or only that they were misdemeanors or just not at all because they are not felonies?
A Level 2 background check in Florida will pull up whatever you've got, whether in Florida or elsewhere. A Level 2 check is provided for in Section 435.04 of the Florida Statutes. If you have ever been so much as arrested for the list of crimes below in Florida or anywhere else, you will fail the screening, even if later the case was expunged. But from what I can tell since all of my charges are misdemeanors I should pass ( be eligible)
Here's the law:
Level 2 screening standards.
—
(1)(a)
All employees required by law to be screened pursuant to this section must undergo security background investigations as a condition of employment and continued employment which includes, but need not be limited to, fingerprinting for statewide criminal history records checks through the Department of Law Enforcement, and national criminal history records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies.
(b) Fingerprints submitted pursuant to this section on or after July 1, 2012, must be submitted electronically to the Department of Law Enforcement.
(c) An agency may contract with one or more vendors to perform all or part of the electronic fingerprinting pursuant to this section. Such contracts must ensure that the owners and personnel of the vendor performing the electronic fingerprinting are qualified and will ensure the integrity and security of all personal information.
(d) An agency may require by rule that fingerprints submitted pursuant to this section must be submitted electronically to the Department of Law Enforcement on a date earlier than July 1, 2012.
(2) The security background investigations under this section must ensure that no persons subject to the provisions of this section have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction:
(h) Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony.
(i) Section 784.011, relating to assault, if the victim of the offense was a minor.
(j Section 784.03, relating to battery, if the victim of the offense was a minor
Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony.
(dd)
(Which controlled substance was less than 2.5 grams and not meant for distribution)
I have omitted a large number of sections which hold no meaning to my question. Again the records were no sealed as I was told they would be so I was able to obtain them from another state. Based on the information now provided do you think I would pass the background check and will privacy laws only allow knowledge of or not at all past indiscretions? Thank you in advance for any help you may provide!
Ps battery was because I pushed my sister in the shoulder a class A misdemeanor. Also is there a statute of limitations in Fl on misdemeanor without conviction these charges were court supervised and never convicted... ( but they occurred in IL)
I should also add that I had to obtain the records of the incident from another state and still need to provide them to acha. Expungement will take close to 125 days so I figured my best bet was to release the records if I want to obtain this position... though my potential employer maybe be willing to employ me while I go through that process. So therein also lies the catch of privacy if I provide the documents will my employer know the the charges or only that they were misdemeanors or just not at all because they are not felonies?
A Level 2 background check in Florida will pull up whatever you've got, whether in Florida or elsewhere. A Level 2 check is provided for in Section 435.04 of the Florida Statutes. If you have ever been so much as arrested for the list of crimes below in Florida or anywhere else, you will fail the screening, even if later the case was expunged. But from what I can tell since all of my charges are misdemeanors I should pass ( be eligible)
Here's the law:
Level 2 screening standards.
—
(1)(a)
All employees required by law to be screened pursuant to this section must undergo security background investigations as a condition of employment and continued employment which includes, but need not be limited to, fingerprinting for statewide criminal history records checks through the Department of Law Enforcement, and national criminal history records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies.
(b) Fingerprints submitted pursuant to this section on or after July 1, 2012, must be submitted electronically to the Department of Law Enforcement.
(c) An agency may contract with one or more vendors to perform all or part of the electronic fingerprinting pursuant to this section. Such contracts must ensure that the owners and personnel of the vendor performing the electronic fingerprinting are qualified and will ensure the integrity and security of all personal information.
(d) An agency may require by rule that fingerprints submitted pursuant to this section must be submitted electronically to the Department of Law Enforcement on a date earlier than July 1, 2012.
(2) The security background investigations under this section must ensure that no persons subject to the provisions of this section have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction:
(h) Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony.
(i) Section 784.011, relating to assault, if the victim of the offense was a minor.
(j Section 784.03, relating to battery, if the victim of the offense was a minor
Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony.
(dd)
(Which controlled substance was less than 2.5 grams and not meant for distribution)
I have omitted a large number of sections which hold no meaning to my question. Again the records were no sealed as I was told they would be so I was able to obtain them from another state. Based on the information now provided do you think I would pass the background check and will privacy laws only allow knowledge of or not at all past indiscretions? Thank you in advance for any help you may provide!
Ps battery was because I pushed my sister in the shoulder a class A misdemeanor. Also is there a statute of limitations in Fl on misdemeanor without conviction these charges were court supervised and never convicted... ( but they occurred in IL)