Nigh employers in Nevada conduct background checks on applicants to ensure they are hiring qualified and trustworthy employees. If y'all've been arrested or bedevilled of a crime, yous may exist concerned about what your prospective employer is looking for and what they may discover.

While employment background checks are legal in Nevada, some laws limit what information employers obtain and how they can use it to make employment decisions. Continue reading to learn more than about employment background checks and your rights.

What Is an Employment Background Check?

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Employment background checks are besides called employer screenings or employment verifications. It's a procedure where an employer investigates a prospective team member's background or history to get together data. The data obtained varies past employer and is used to confirm the news on your resume and application, verify your identity, and determine if y'all are the right candidate for the position.

What By and large Shows Up on an Employment Groundwork Check?

The information contained in an employment background check is typically determined by the employer and based on their needs. Nevada background checks include a variety of information, including:

  • Identity verification . Information confirming you are who you say you include current and past addresses, immigration records, social security records, birth and marriage certificates, and divorce decrees.
  • Educational activity verification. Data related to your educational groundwork to ostend your education and credentials, including dates of attendance, degrees, and professional licenses or certification earned.
  • Legal data. Information related to ceremonious and other non-criminal legal matters, including driving/vehicle records, civil court judgments.
  • Financial verification. Data related to your finances, including your credit history, belongings records, and defalcation records.
  • Past employment verification. Data about your work history to verify your piece of work experience every bit listed on your resume or application.
  • Criminal history. Information related to your criminal record to verify you are qualified and eligible for the position.

What Is Data Nearly My Criminal History Available In an Employment Background Check?

Under Nevada law, an employer may receive a criminal history that includes the following:

  • Unsealed by felony convictions.
  • Unsealed by gross misdemeanor convictions.
  • Unsealed past misdemeanor convictions that have not been sealed.
  • Pending arrests.
  • Past incarcerations.
  • Parole or probation status.
  • Sex offender status.

Background checks in Nevada practice not include arrests that did non atomic number 82 to a conviction nor, in near cases, sealed records.

How Does Federal and Country Law Protect Me?

To forestall employment discrimination, federal and Nevada state laws limit what tin can be included in background checks and how that data tin be used.

The federal Off-white Credit Reporting Human action (FCRA) requires employers to suggest you that they plan to comport a background check, the contents of that background check, and whether the background check affected their decision to hire y'all. The FCRA likewise protects yous from employment decisions based on erroneous records by requiring your consent before sure employers run background checks on yous. Government and law enforcement agencies, fiscal institutions, educational institutions, and casinos are typically exempt from this dominion.

Nevada's "Ban the Box" constabulary prohibits employers from request you nigh your criminal history on the initial application. Employers are immune to consider your criminal history just after the terminal interview or a conditional offering of employment has been fabricated. Information technology as well prohibits employers from taking agin or unfavorable action against y'all if you lot do not consent to a background check as a condition of employment. Nevada employers are also prohibited from using information about a person's sexual practice offender status for any purpose related to work.

Nonetheless, the employer is allowed to obtain a groundwork check without your consent if that employer:

  • It is authorized by state or federal law to obtain background checks.
  • Believes in good faith you are involved in illegal action.
  • Believes that the background check is significantly related to the position you lot are applying for, such as a banker.

How Far Back Do Background Checks Get?

Most information independent in a background cheque, such as residency and financial history, goes no further than seven years. However, in 2015, Nevada removed the seven-year reporting limitation on convictions of any felonies and misdemeanors, significant any sentence in your background is reportable.

Can You Pass a Background Check With Warrants?

It depends on the employer and the position. In Nevada, employers must advise yous when they plan to conduct a background cheque that criminal records are non necessarily disqualifying. Employers are besides required to consider other factors when an applicant has a criminal history, even if information technology'south a warrant.

Practice Drug Tests Bear witness Up on Background Checks?

Pre-employment drug testing is frequently included in employment groundwork checks and is legal in Nevada. Employers may drug test applicants as long as they utilize drug testing rules to all candidates and conduct the test in a manner that protects applicants' privacy.

But, there are some limitations. Nevada prohibits pre-employment testing for marijuana and testing employees within the first thirty days of employment. Employers are also prohibited from refusing to hire or rescinding an offer to hire a prospective squad member because they tested positive for marijuana.

How Can I Prevent Employers From Accessing My Criminal History?

Employers non exempt from obtaining your consent to perform a groundwork check can but obtain your criminal history with your consent.

You can too seal your criminal records. In Nevada, most criminal records can be sealed or made invisible, which will stop prior arrests and convictions from appearing on your criminal record. The process of sealing your criminal records is a time-consuming multi-footstep process all-time handled by an experienced criminal defence attorney.

Unique to Nevada, the state Gaming Board has the authority to access sealed criminal records to determine the condition of a gaming license or registration and to verify whatever prior gaming offenses.

How Can You Assistance?

If you're looking to seal your criminal record or believe the information in your criminal record is wrong, then contact the De Castroverde Law Grouping today. With more than 25 years of criminal defense experience and two former Nevada state prosecutors on our team, De Castroverde Law Grouping is your choice for knowledgeable and dedicated representation.

We've provided high-quality and dependable criminal law and immigration representation to Las Vegas and Summerlin surface area residents since 2005. Our bi-lingual and experienced squad of over 45 legal professionals and support staff will passionately help yous to fight for your legal rights and walk y'all through the process of sealing your criminal record or resolving inaccuracies on your criminal record.

Contact us online or call 702-840-4781.