“Background Checks” in Las Vegas, Nevada – How It Works

A Nevada background check is when an employer, landlord, licensing agency, or other company screens your criminal and consumer history. Many companies run background checks on job applicants, and they can be a major factor in hiring decisions.

Background checks are lawful in Nevada with certain limitations:

1. Nevada’s “ban the box” law prohibits government employers from asking about criminal history on the initial application;
2. The Fair Credit Reporting Act (FCRA) requires certain employers to get your consent to run background checks; and
3. State and federal anti-discrimination laws bar employers from blanket disqualification of people with criminal records if it ends up discriminating against black and brown applicants.

Criminal records which have been sealed will not show up in future criminal background checks (with some exceptions).

Below our Las Vegas criminal defense attorneys will address the following key issues regarding background checks:

• 1. Background Check Info
• 2. Background Check Sources
• 3. Background Check Rules
• 4. Sealed Records
• 5. Pardons
• 6. Background Check Errors
• 7. Employment Discrimination
• 8. Social Media
• 9. Salary History
• 10. Buying Your Background Check
• 11. Practical Tips
• Frequently Asked Questions
• Additional Resources

1. Background Check Info

There are two types of background checks through FCRA:

1. Consumer reports, which show general credit information and criminal history, and
2. Investigative consumer reports, which also include reputational information.

Depending on the scope, background checks may reveal some or all of the following:

• Sex offender status
• Any state licenses
• Past felony convictions that have not been sealed
• Past gross misdemeanor convictions that have not been sealed
• Past misdemeanor convictions that have not been sealed
• Pending arrests
• Incarcerations
• Whether you are currently on parole or probation
• Current and past addresses, including how long you have lived there
• Credit history,
• Employment history
• Education history
• DMV driving/vehicle registration records
• Immigration records
• Social security record
• Vital records, such as marriage and divorce status
• Civil court hearings
• Insurance claim reports
• Property records, including value and collateral
• Bankruptcy records (such as Chapter 7 or Chapter 13 – wage earner bankruptcy)

Background checks in Nevada never include:

• Arrests that did not lead to a conviction (unless they are pending) and
• Sealed records (in most situations).

How Long Background Checks Go Back

Nevada law used to limit criminal background checks to the last seven years. Now, even convictions from the distant past show up on these checks.¹ However, reporting agencies are required to purge – and not report on – the following records:

• Bankruptcies that occurred more than 10 years ago,
• Civil judgments entered more than seven years, and
• Criminal proceedings other than convictions that occurred more than seven years ago.

Nevada background checks include all past convictions, not just ones in the last seven years.

2. Background Check Sources

Background checks compile information from various sources. Some may include:

• Credit reports,
• DMVs,
• Workers Comp records,
• Police records, including arrests and outstanding warrants,
• FBI,
• Central Repository for Nevada Records of Criminal History,
• Sex offender registries (including the Nevada Sex Offender Registry),
• Appellate court records,
• District court records (Nevada has nine judicial districts),
• County court records (Nevada has 16 counties plus Carson City),
• Municipal court records,
• Nevada Department of Corrections (prison),
• County jails, and/or
• Nevada Division of Juvenile Justice.

Employers may also seek out references. These may include your:

• Past colleagues,
• Former bosses,
• Neighbors, and/or
• Friends or family.

The people or companies requesting a background check may perform it themselves. Otherwise, they can rely on third-party reporting agencies like:

• Goodhire,
• SentryLink, and/or
• ClearChecks.

Nevada has a “ban the box” law.

3. Background Checks Rules

Background checks are lawful in Nevada as long as employers abide by the following rules:

1. Nevada’s “ban the box” law (just for state and local jobs),
2. The Fair Credit Reporting Act (FCRA), and
3. Anti-discrimination laws

Nevada’s “Ban the Box” Law

“Ban the box” refers to the checkbox on employment applications that asks if the candidate has a criminal record. As of 2018, state and local government employers in Nevada may not ask about criminal history on an initial job application. The only exception is for:

• Peace officers;
• Firefighters; or
• Any position that has access to:
  • Criminal Justice Information Services (CJIS); or
  • National Crime Information Center (NCIC).

Job applications must say that criminal records are not necessarily disqualifying. Employers must consider the following five factors if you do have a record:

1. How much time has passed since the conviction;
2. How old you were at the time of the offense;
3. The severity and nature of the offense;
4. How the crime relates to the job; and
5. Evidence that you have been rehabilitated

When Your Criminal Record Comes In

Government employers can consider criminal histories when making hiring decisions only after:

• The final interview; or
• A conditional job offer was made; or
• You have been certified by the agency administrator.

Government employers may take into account past convictions and pending criminal charges (filed in the last six months). However, they may not consider the following background information:

• Misdemeanors that did not result in jail time
• Arrests that did not lead to a conviction;
• Cases that were dismissed; and
• Cases that were sealed.

Government employers who rescind an offer based on criminal history must allow you to:

• Explain the circumstances of the conviction; and/or
• Challenge the criminal record.²

The “ban the box” law helps give ex-offenders a more even playing field to find work in the public sector.

Sex Offender Rules

When employers consider your criminal history, they must go by the information in the background check. They may not refer to any information on the Sex Offender Registry and Community Notification page on the Nevada Department of Public Safety Records, Communications and Compliance Division website.³

Credit Checks Rules

If an employer wants to condition your employment based on your credit report, you have to first give consent. Even then, employers usually cannot disqualify you due to your credit report. Three exceptions are if the employer:

1. is required by law to consider your credit report, such as in the banking industry;
2. reasonably believes you are doing something unlawful; or
3. believes your credit report is directly related to the job you are applying for.⁴

Employers who hire a third-party to run background checks must abide by FCRA.

The Fair Credit Reporting Act (FCRA)

FCRA is a federal law that applies to all employers who hire a third party to run a background check. FRCA requires these employers to:

1. Obtain your written consent before conducting a criminal background check; and
2. Notify you with a “pre-adverse action letter” if your criminal record is the reason they do not want to hire you, and then allow you time to dispute it before making an official decision not to hire you.

For jobs with a salary of less than $75,000, employers cannot see the following information if it is more than seven years old:

• Arrests and indictments that did not lead to a conviction,
• Paid tax liens,
• Civil lawsuits and judgments,
• Debt collections, and
• Chapter 13 bankruptcies (there is a 10-year limitation for Chapter 7 bankruptcies).

Remember, employers who run in-house background checks are not bound by FCRA.⁵

Note there is a related federal law called the Fair Chance to Compete for Jobs Act (FCA) that forbids companies seeking federal contracts from asking about criminal history until there is a conditional employment offer. The FCA also forbids federal agencies from contracting with companies that run a background check prior to making a conditional employment offer.

Anti-discrimination Laws

Both federal and Nevada state laws prohibit employers from discriminating based on race and color. Due to unfair police practices and economic policies, African Americans and Latinos have higher arrest and conviction rates.⁶

Therefore, employers who automatically pass over people with criminal records may be indirectly discriminating based on race and color.

Therefore, employers are encouraged to think twice before denying employment to every applicant with a criminal record. Depending on the situation, you may have a viable case of employment discrimination.

Once your criminal record is sealed, it should not appear on most background checks.

4. Sealed Records

In most cases, sealed records do not show up on background checks. However, the following agencies may view some sealed criminal records:

• The Nevada Gaming Control Board,
• The Nevada Gaming Commission, and
• The Division of Insurance of the Department of Business and Industry.⁷

You are advised to get your records sealed if possible. In Nevada, dismissed cases are sealable right away. Otherwise, there is a waiting period.⁸

The sealing process takes several months and requires filing a petition with the court and a possible hearing. Learn how to seal criminal records in Nevada.

(Nevada does not have record “expungements,” but sealing and expunging are very similar.)

5. Pardons

Pardoned convictions show up on background checks. In Nevada, a governor’s pardon is an official forgiveness of a crime.⁹ However, it does not erase the crime from your criminal record. Only record sealing can do that.

The primary purpose of pardons is to restore civil rights and possibly the right to possess firearms.

Background checks show pardoned convictions.

6. Background Check Errors

If your criminal record is inaccurate, consult with an attorney. In most cases, you can submit a correction request to:

Department of Public Safety
Records, Communications and Compliance Division
333 West Nye Lane, Suite 100
Carson City, NV 89706

The Compliance staff will then research the matter. If they correct the mistake, they will notify the FBI.

7. Employment Discrimination

If you were wrongful discriminated against because to your criminal record, consult with an experienced attorney right away. There are various options to explore.

You may file a claim with the:

• Nevada Equal Rights Commission (NERC) or
• Equal Employment Opportunity Commission (EEOC).

NERC or EEOC may be able to mediate or settle the claim. Otherwise, you can file a lawsuit against the employer and may be eligible for money damages.

If you were wrongly discriminating against due to your criminal history, you may be able to sue.

8. Social Media

In Nevada, employers may not ask you to give them your social media usernames or passwords unless state or federal law requires it. However, employers can see and judge you on whatever information you make public.¹⁰

9. Salary History

In Nevada, employers may not ask you about your salary history. If you volunteer this information, the employer cannot consider it when deciding whether to hire you or how much to pay you.¹¹

Nevada employers cannot ask you about salary history.

10. Buying Your Background Check

To obtain a copy of your Nevada criminal history, follow these four steps:

1. Complete the DPS-006 Form from the Nevada Department of Public Safety website.
2. Get fingerprinted using FD-258 cards. Find fingerprinting locations in Nevada here.
3. Buy a $27 certified check or money order made out to the Nevada Dept. of Public Safety.
4. Staple the above items and mail them to:

Department of Public Safety
Records, Communications and Compliance Division
333 West Nye Lane, Suite 100
Carson City, Nevada 89706

You should hear back within one or two months. If you do not have a criminal history in Nevada, you will be mailed proof that no record exists.

It may be a good idea to purchase your background check and look for any errors.

11. Practical Tips

Thanks to Nevada’s “Ban the Box” law for public jobs, you have a chance to make a first impression based on your skills. Though what happens when the employer does ask about your record?

1. Be Prepared and Honest: Once the time comes, be ready to discuss the conviction. Lying or trying to hide it is a guaranteed way to lose the job offer.
2. Keep it Brief and Factual: You do not need to share every dramatic detail. Briefly explain what happened, take responsibility, and pivot quickly to what you have learned and accomplished since.
3. Focus on Rehabilitation: Emphasize the positive. Talk about the time that has passed, any classes you have taken, your stable work history, and how you have grown as a person.
4. Connect it Back to the Job: Reassure them that your past is in the past and will not affect your ability to be an excellent employee.

The best strategy of all is to have the record sealed before you even apply. If that is not possible, gather evidence of rehabilitation to present to a potential employer.

Frequently Asked Questions

How far back do Nevada background checks go for criminal records?

Nevada background checks can show criminal convictions from any time period – there is no year limit. However, reporting agencies must purge bankruptcies older than 10 years, civil judgments older than 7 years, and non-conviction criminal proceedings older than 7 years.

What shows up on a Nevada background check?

A Nevada background check can show: criminal convictions that have not been sealed, pending arrests, sex offender status, state licenses, incarceration history, current probation/parole status, addresses, credit history, employment history, education, driving records, and civil court records. It will not show arrests without convictions or sealed records.

How can I remove something from my background check in Nevada?

The best way to remove items from your background check is to get your records sealed. Most misdemeanors can be sealed after 1 year, while felonies typically require 5 to 10 years waiting period after case closure. Some crimes, like sex offenses and felony DUIs, can never be sealed. Once sealed, records generally won’t appear on background checks.

Additional Resources

For ways to search your own records, refer to these helpful sites:

• Clark County Courts Records Search – The official site for searching court records in Clark County, which includes Las Vegas. This could help you find any public court records related to someone’s background.
• DPS Records, Communications and Compliance Division – Instructions on how to request your criminal records from the Nevada Department of Public Safety.
• FBI Identity History Summary Checks – The FBI provides identity history summary checks/background checks. You can learn about requesting them here.
• BackgroundChecks.org – A consumer reporting agency with articles/resources on disputing inaccurate background check information.
• Las Vegas Justice Court Records – The Justice Court provides access to criminal records in Las Vegas. You can search for case information here.

Also, see our articles about firearm background checks in Nevada, Las Vegas arrest records, and disclosing criminal history on Nevada job applications.