WHEN YOUR BACKGROUND CHECK GOES TOO DEEP — And Gets It Wrong
If you’ve recently applied for a job that involves working with children, handling sensitive data, or accessing government systems, you’ve probably undergone a Level 2 background check.
Unlike standard checks, these deep dives don’t just skim the surface—they reach into sealed court records, nationwide criminal databases, and employment history you might have forgotten about.
But what happens when they get it wrong?
At R23 Law Consumer Protection Attorneys, we routinely help clients correct errors on background reports—especially those used in high-stakes screenings like Level 2 checks. Here’s what you need to know.
🕵️ What Is a Level 2 Background Check?
A Level 2 background check is a comprehensive, fingerprint-based screening that employers use for roles of elevated trust. Think educators, healthcare workers, financial professionals, government contractors, and caregivers. Unlike Level 1 checks, which might be limited to local or state databases, Level 2 checks search:
FBI databases
Nationwide state criminal records
Sex offender registries
Federal watchlists
Sealed court records (in some cases)
This level of scrutiny is meant to protect the public—but it can cause serious harm when the information is outdated, incorrect, or misattributed.
📜 What Shows Up on a Level 2 Background Check?
More than you might expect. These checks can include:
Arrests, convictions, and pending charges (including from states you’ve never lived in)
Employment history verification
Sealed records (in some high-clearance roles)
Licensing verification and disciplinary actions
And here’s the kicker: Even expunged or sealed records can sometimes sneak through due to database reporting errors. If that happens, you could be disqualified from a job—and never even know why.
⏳ How Far Back Does It Go?
Generally, background checks cover the past 7 to 10 years, but certain crimes (especially felonies) can appear beyond that depending on state law. Sealed or expunged records should be hidden—but again, mistakes happen.
⚠️ Common Errors That Could Derail Your Career
At R23 Law, we’ve seen it all. Level 2 background checks often contain:
Incorrect criminal records (e.g., cases belonging to someone with a similar name)
Outdated or incomplete expungements
Inaccurate employment or education history
Misreported sealed court records
Errors from background check vendors like Asurint, Checkr, or HireRight
These mistakes can cost you more than just a job—they can tarnish your reputation and financial future.
🚨 Can You Dispute a Level 2 Background Check Error?
Absolutely. Under both the Fair Credit Reporting Act (FCRA) and California’s Investigative Consumer Reporting Agencies Act (ICRAA), you have the right to:
Request a copy of your background report
Dispute errors and provide evidence
Seek corrections within 30 days
Sue for damages if those errors cost you employment, housing, or licensing opportunities
💼 Why You Need R23 Law On Your Side
Filing a dispute is just the beginning. Background check companies are known to drag their feet or refuse to fix known issues. That’s where R23 Law’s California Background Check Error Lawyers step in.
We help clients:
Correct and dispute background report inaccuracies
Hold reporting agencies accountable under the FCRA and ICRAA
Recover damages for lost wages, emotional distress, or reputational harm
Fight back if a sealed or expunged record was improperly revealed
👊 Take Control of Your Future
Don’t let a flawed background check stand in the way of your career. Whether you’ve already been denied a job or just want to proactively check what’s being reported, our team is here to help.
📞 Contact R23 Law today for a free consultation. We’ll review your case, explain your rights, and help you fix what’s broken—before it breaks your future.
