As a Nevada-based company looking to hire new employees, you have a big responsibility. To best protect your current employees, customers, and company, it’s important to hire highly qualified, trustworthy employees.
While reviewing resumes, contacting references, and conducting interviews are ways to do this, running a background check is a vital step you don’t want to miss.
At iprospectcheck, we understand the importance of having potential employees undergo background checks.
A background check helps you establish a complete picture of the job candidate, giving you confidence that you’re hiring the right person for the job.
Use this complete guide to learn how to conduct a comprehensive Nevada background check.
Let’s dive in.
Employee Background Check Laws in Nevada
Federal Laws
Understanding the state and federal laws surrounding Nevada background checks is the first step in ensuring you stay compliant throughout the background screening process.
Nevada law limits the type of information an employer can obtain regarding a candidate’s history, as well as what they can do with the information once it is reported.
Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) is an important consumer privacy law that applies to both employers that receive background checks from third-party providers and the consumer reporting agencies (CRAs) that furnish employment background check reports.
Under the FCRA, employers must disclose their intention to conduct employment background checks to applicants on a standalone form and must obtain written consent before a CRA can initiate a background check.
The FCRA also includes a seven-year limitation on the reporting of the following information when a job pays less than $75,000 per year:
- Non-conviction arrest and indictment information
- Paid tax liens
- Civil lawsuits and judgments
- Debt collections
- Chapter 13 bankruptcies (10-year limitation for Chapter 7 bankruptcies)
The FCRA’s seven-year rule doesn’t apply to criminal convictions, employment verification, or education verification.
Because of the FCRA’s salary threshold, the seven-year rule also doesn’t apply to jobs paying salaries of at least $75,000.
The FCRA also controls what employers must do when they learn negative information about applicants on background checks and want to deny employment based on that information.
Employers must follow the FCRA’s adverse action process before they make a final decision not to hire the applicant based on information contained in an employment background check. In this case, employers must follow these specific guidelines to ensure compliance:
- Send a pre-adverse action letter to the applicant notifying them of your intent to take adverse action against them based on the information obtained during the background check;
- Wait a reasonable amount of time before sending an official letter to provide the candidate an opportunity to review their report and dispute any errors;
- Finally, send the applicant an official adverse action letter stating your final hiring decision.
At iprospectcheck, we are familiar with these regulations and can help you stay compliant throughout the entire process, saving you time and money.
Fair Chance to Compete for Jobs Act
The Fair Chance to Compete for Jobs Act (FCA) is a federal fair-chance hiring law that applies to federal agencies awarding contracts and private companies seeking federal contracts.
Under the FCA, companies seeking federal contracts may not inquire about an applicant’s criminal history until they have extended a conditional offer of employment.
This includes waiting to conduct criminal background checks for employment.
Federal agencies are prohibited from contracting with private companies that violate the FCA by investigating an applicant’s criminal history before making an offer of employment.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 (Title VII) is a federal anti-discrimination law that prohibits workplace discrimination based on the protected characteristics of applicants and employees.
The Equal Employment Opportunity Commission (EEOC) is the agency that enforces Title VII and has released employer guidance on how employers should handle criminal conviction information included in employment background checks.
Before an employer can make a decision not to hire an applicant because of a criminal conviction disclosed in a background check, they must individually assess the conviction as it compares to the duties of the job.
State Laws
Limitations on Reporting Information
Nevada used to have a law that prohibited CRAs from reporting criminal convictions older than seven years.
However, that law was amended in 2015 with the passage of NV SB 409, which removed the seven-year limitation on reporting criminal convictions.
The current law is now found in NRS 598C.150 and now provides the following limitations:
- Bankruptcies older than 10 years
- Civil judgments older than seven years
- Criminal proceedings older than seven years except for convictions
Unlike the FCRA’s seven-year rule, Nevada’s law does not have a salary threshold and instead applies to jobs regardless of how much they pay.
Under both Nevada’s current rule and the FCRA, convictions can be reported without limitation.
However, Nevada’s record-sealing law might restrict the reporting of criminal convictions when the records have been sealed.
Nevada Record-Sealing Law
Unlike many other states, Nevada doesn’t have an expungement law.
However, it does have a law that allows people convicted of certain crimes to petition the court to seal their criminal conviction records.
Found in NRS 179.245, this law allows people to petition the court for record sealing following a conviction under the following schedule:
- 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
This law excludes people who have been convicted of sex offenses, home invasions involving deadly weapons, vehicular homicides, felony DUIs, and vehicular assaults.
An individual’s petition for record sealing will not be automatically granted. Instead, the court will hold a hearing to decide whether granting the sought relief is in the interests of justice.
If an individual’s criminal convictions are sealed by the court, however, information about the sealed records can’t be reported on employment background checks.
Credit Checks
According to NRS 613.570, if a Nevada employer wants to use a candidate’s credit report as a condition of employment, they must first notify the applicant and receive consent. Even more, adverse action cannot generally be taken against a candidate due to their credit report.
However, there are a few exceptions where a credit check can be obtained and used without these restrictions:
- 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.
Sex Offender Searches
Nevada employers are prohibited from using information obtained from the Sex Offender Registry and Community Notification page on the Nevada Department of Public Safety Records, Communications and Compliance Division website for any purpose related to employment.
Social Media Law
According to Nevada Bill AB101, effective October 1, 2013, employers may not directly or indirectly require an applicant or employee to disclose their username, password, or other information that provides access to their social media unless required by state or federal law.
A “social media account” is defined as any electronic service, account, or electronic content, including, without limitation, videos, photographs, blogs, video blogs, podcasts, instant and text messages, electronic mail programs or services, online services, or internet website profiles.
These Nevada criminal background check laws are set in place to limit employment discrimination.
Salary History Ban
Nevada SB 293 was enacted in 2021 and prohibits employers from asking applicants about salary history information.
Even when an applicant voluntarily reports salary history, employers are prohibited from considering it when making hiring decisions or setting a new hire’s salary.
Know Before You Hire
How to Conduct a Background Check in Nevada
Once you are familiar with Nevada laws for employment background checks, it is time to start the process of obtaining them for employment purposes.
Conducting a background check for employment begins by having a clear background check policy in place at your company. This ensures fair and consistent requirements for all potential employees, minimizing the chance of discrimination. Once you have a policy in place and an applicant you want to screen, you must decide the best avenue for obtaining their background report.
There are a couple of government websites where you can obtain a Nevada criminal background check for a candidate; however, their functions are limited.
For example, the Nevada Department of Public Safety Records, Communications and Compliance Division allows individuals to obtain their criminal history report–or proof that one does not exist–for $27.00. However, as an employer, you cannot access this information on your own.
On the other hand, the Department of Health and Human Services Nevada Division of Public and Behavioral Health (DPBH), requires certain licensed facilities and agencies to run background checks on employees within 10 days of hiring an employee (see the full list here). All of these facilities and agencies must utilize Nevada’s Automated Background Check System (NABS) to conduct background checks on employees.
If your company is not required to utilize the NABS, the most effective way to conduct background checks on potential employees yourself is to partner with a third-party company such as iprospectcheck. Doing so will ensure you receive all the background information you need quickly.
Whereas government websites often experience downtimes and delays, and free reports do not have access to every necessary record you need, third-party companies such as iprospectcheck are comprehensive and efficient.
What Shows up on a Nevada Background Check?
Background checks for employment can include a variety of information depending on how in-depth the employer wants the report to go. The following may be included in a Nevada background check:
- Identity verification: to ensure your candidate is who they claim to be.
- Education verification: to ensure your candidate has the credentials that they represented on their application for employment.
- Past Employment verification: to verify where your candidate worked in the past and for how long.
- Criminal history: To ensure your candidate is suited for the job.
What shows up on a Nevada background check provides you with the information you need to make the best hiring decision for your company.
How Far Back Can Employers Check Criminal Background in Nevada?
Nevada background checks can report convictions older than seven years without limitation. Even still, arrests without a conviction are not reportable beyond the seven-year reporting window.
What Can Disqualify A Candidate on a Nevada Background Check?
There are several things that can disqualify a candidate based on their background check report. Some common occurrences include:
- Poor employment history
- Criminal records history
- Negative references from prior employers
- Poor credit history
- Bad driving record
However, it is important for Nevada employers to stay compliant with state and federal laws by only checking information that is relevant to the job in question.
How Long Does a Background Check Take in Nevada?
When you are looking to fill a position in your company, you don’t have time to wait weeks on end to receive a background check on your candidate.
The timeframe for Nevada background checks does vary depending on how you choose to obtain the report. Whereas government access can take weeks to come through, companies such as iprospectcheck typically take just 1-2 days to less than a week for the more remote counties in Nevada.
How Much Does a Nevada Background Check Cost?
The cost of a Nevada background check also varies depending on where you obtain the report. As mentioned above, government agencies can cost $27.00 with additional fees. These reports only include limited information and do not give you a full picture of your candidate.
The most cost-efficient background checks come from third-party companies like iprospectcheck who have packages available to fit your specific background screening needs. You will only pay for the information you need.
iprospectcheck: Your Trusted Partner for Nevada Background Checks
If you are ready to conduct Nevada background checks, you have come to the right place. At iprospectcheck, we understand the state and federal laws and can help you stay compliant throughout the entire process.
Our comprehensive pre-employment screening packages enable you to receive all the information you need to make the best hiring decision for your company. We also have additional screening services available to you, such as drug screens and occupational health services.
Our friendly, US-based service team is here to help you conduct quick, easy, and comprehensive background screenings.
Request a quote today, or send us a message to schedule a no-obligation consultation.
DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.
