Accessing Criminal Records
In Nevada, it is legal for private and public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.
Employers are prohibited from asking about or considering arrest records that have been expunged, pertain to charges that have been dropped or dismissed or did not lead to conviction may not access sealed records, or require candidates to disclose details regarding arrests or convictions that were expunged from their criminal record. In fact, employers are required to specifically inform candidates that they are under no obligation to share any information regarding expunged charges.
Nevada has adopted a law that allows people convicted of certain crimes to petition the court to have their criminal conviction records sealed, according to the following rules:
- Class A felonies, residential burglaries, and crimes of violence – 10 years after the individual’s discharge from probation or parole or release from incarceration
- Class B – D felonies – Five years after the individual’s discharge from probation or parole or release from incarceration
- Class E felonies – Two years after the individual’s discharge from probation or parole or release from incarceration
- Gross misdemeanors – Two years after the individual’s discharge from probation or release from incarceration
- Other misdemeanor other than those involving domestic violence – One year after the individual’s discharge from probation or release from incarceration
- Domestic violence crimes – Seven years after the individual’s discharge from probation or parole or release from incarceration
Additionally, adverse action cannot generally be taken against an applicant based on their credit report. However, there are a few exceptions when a credit report can be used without restrictions, including:
- If the employer is required by state or federal law, as is the case for certain industries, such as financial institutions.
- If the employer has reason to believe that the applicant has engaged in illegal activity.
- If the employer believes the information on the credit report is directly related to the job in question.
Ban the Box Policies – Nevada
Nevada has implemented a ban-the-box law, which prohibits government employers from asking about an applicant’s criminal history on the initial job application.
