When an employer, landlord, licensing body, or other business screens your criminal and credit histories, this is known as a Nevada background check. Background checks may reveal addresses, credit histories, employment records, and other information in addition to past convictions and active charges.
A lot of employers perform background checks on prospective candidates. And they may have a significant role in employment choices. Avoiding the wrong person is just as critical for organizations looking to grow their team as hiring the right one. Therefore, it is essential to weigh all the available information before making a choice. Checking a person’s criminal history is one practical technique to get those details.
Background check in Nevada
It is a review of your credit and criminal histories. You might have to submit to background checks if you apply for jobs, housing, or licensing.
The people or businesses making the request for a background check could carry it out themselves. Or they could rely on independent reporting organizations. Several examples are:
The FCRA allows for two different kinds of background checks:
- Consumer reports, which provide generic credit and criminal history information.
- Consumer reports with an investigative component that also contain reputational data.
Background Check Laws in Nevada
The first step in making sure you remain compliant throughout the background screening process in Nevada is to understand the state and federal laws that apply to background checks.
Nevada law places restrictions on the kind of background information an employer can get as well as what they can do with it after it has been disclosed.
In order to obtain a thorough background report on a candidate, an employer must first obtain the candidate’s permission to conduct the background check. The Fair Credit Reporting Act (FCRA) requires employers to give applicants advance notice if they plan to use a third-party background check company, such as backgroundcheck, iprospectcheck, to conduct the report.
By doing this, federal law compliance is ensured.
Adverse Action
If an employer decides not to hire a candidate due to negative information disclosed on their background report, the FCRA also mandates that employers provide Adverse Action notifications. Employers must adhere to the following rules in this situation to ensure compliance:
Inform the applicant in writing of your intention to take adverse action against them in light of the findings of the background check in a pre-adverse action letter;
Allow the candidate a reasonable amount of time to review their report and contest any errors before sending an official letter;
Send an official letter of adverse action notifying the applicant of your choice to hire them.
Nevada Laws About Credit Checks
NRS 613.570 states that a Nevada employer must notify the applicant and get their permission before using the applicant’s credit report as a hiring requirement. Furthermore, a candidate’s credit report generally cannot be used to take unfavorable action against them.
In a few specific circumstances, however, a credit check may be obtained and used without these limitations:
if the employer must comply with a state or federal law, as is the case for some sectors, like the financial sector.
If the employer has cause to believe the applicant has committed a crime.
If the prospective employer thinks the data on the credit report is pertinent to the position.
Nevada Laws About Sex Offender Searches
Employers in Nevada are not permitted to use data from the Sex Offender Registry and Community Notification page on the website of the Records, Communications and Compliance Division of the Nevada Department of Public Safety for any employment-related purposes.
Nevada Law About Social Media
Effective October 1, 2013, Nevada Bill AB101 prohibits employers from asking job applicants or employees for their usernames, passwords, or other credentials to access their social media accounts unless specifically permitted by state or federal law.
Any electronic service, account, or electronic content, including but not limited to videos, photographs, blogs, video blogs, podcasts, instant messages, electronic mail programs or services, online services, or internet website profiles, is referred to as a “social media account.”
The purpose of these background check laws in Nevada is to prevent employment discrimination.
What information shows up
Background checks may show any or all of the following, depending on their scope:
- Status as a sex offender
- Any state permits
- Criminal records from the past that have not been sealed
- Past convictions for serious misdemeanors that have not been sealed
- Convictions for misdemeanors in the past that weren’t sealed
- In-process arrests
- Incarcerations
- Whether you are presently on parole or probation
- Current and previous addresses, along with the length of time you’ve resided there
- Employment and credit history
- Academic background Driving and vehicle registration history
- immigration history
- Social security record
- Vital records, including statuses of marriage and divorce
- a civil court proceeding
- Reports on insurance claims
- Property information, including value and security
- bankruptcy filings (such as Chapter 7 or Chapter 13 – wage earner bankruptcy)
Criminal background checks in Nevada were previously only allowed to go back seven years. But these checks now reveal even convictions from decades ago.
Nevada background check processes can be achieved by observing the above listed methods. Try them and find more information on the person of interest from the state.