In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Laws » What are the FCRA requirements in Nevada?
The Fair Credit Reporting Act (FCRA) under 15 U.S.C. § 1681 provides rules that employers throughout the U.S. must abide by when requesting background information (including credit reports and criminal records) on prospective employees. And as of 2015, Nevada background checks may now include conviction information that is more than seven (7) years old. (NRS 598C.150; Nevada Senate Bill 209 (2015))
Employers are not allowed to disqualify potential employees based on their background information unless either:
Background information is substantially related to a particular job, in turn, if the job involves either:
Before an employer can run a background check on a job applicant in Nevada, the employer must inform the applicants ahead of time and get their written consent (this disclosure to the applicant needs to be a separate document that concerns only the report and nothing else). The employer must also tell applicants if they are disqualified from the job based on the background check.
Note that in Nevada, the Nevada Gaming Board usually has access to a person’s entire criminal record even if it has been sealed.
Reporting agencies that provide background information are required to take reasonable steps to ensure that their information is correct and up-to-date. The agency must reasonably investigate any disputes in its reports. And if it finds mistakes, the agency must notify the employer it gave the inaccurate report to.
The Equal Employment Opportunity Commission (EEOC) cautions employers against having a blanket policy disqualifying everyone with a criminal record. Instead, the EEOC advocates for more nuanced screening policies for job applicants who happen to have a criminal record. Specifically, employers should consider:
Under NRS 613.135, employers are not allowed to require applicants or employees to give them their social media login information.
Most criminal cases can be sealed in Nevada after a pre-determined waiting period. And once a case is sealed, it should not appear on the person’s future background check (with some exceptions).
Note that charges that get dismissed can be sealed right away. And some charges may never be sealed. Learn more about how to seal Nevada criminal records.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
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