How far back do background checks go in Nevada?

In addition to federal background check laws such as the Fair Credit Reporting Act, each state has its own laws that limit or control how employers can vet prospective candidates. For instance, states are split about whether employers should be allowed to consider arrest records as part of the hiring process. Another notable variation from state to state is how far back criminal record background checks can go. In this post, we will review what Nevada background check laws say regarding background checks.

First, understand that there is no federal law that regulates how far back background checks can reach. Under the FCRA, a felony conviction can always show up on a person’s background check. Felony arrests can only show up for seven years on a background check.

States add extra restrictions in part to help ex-offenders rebuild their lives and get second chances. The idea is that an old conviction shouldn’t automatically be a barrier to employment, housing, or other opportunities—especially if the person has kept a clean record since. By limiting how far back a criminal history check can go, state laws place more emphasis on recent convictions.

If a state does have a reporting limit on criminal convictions, it will typically be either a seven-year limit or a 10-year limit. Some states even have both depending on the income of the job role. In California, for instance, standard law prohibits background check companies from including any criminal cases that are seven years old or older—but the exception kicks in if a job pays more than $125,000 annually. In that case, an employer can look back ten years into a candidate’s criminal history.

Nevada background check laws are among the most confusing of any state, and they have changed recently. Nevada is often listed among states with a seven-year reporting limit for criminal convictions. In truth, the state does not regulate how far back employers can look on criminal background checks. There used to be a seven-year reporting limit on criminal convictions in Nevada, but in 2015, then-Governor Brian Sandoval signed Nevada Senate Bill 409, which repealed the background check reporting limit.

Now, the law in Nevada aligns with the FCRA: a criminal background check can include information as far back as the information exists. If a candidate has a 20-year-old felony conviction, background check providers in Nevada can report that information. Note that Nevada law still prohibits the use of arrest records in hiring decisions, which means that arrest details are not included in a criminal background check report.

Nevada background check laws under Senate Bill 409 include special considerations for employers in the gaming industry. These employers can see older bankruptcy and civil history information than other types of businesses, and they can access records that are sealed to other employers.

Despite the 2015 changes in Nevada background check laws, employers in the state should continue to follow guidance from the Equal Employment Opportunity Commission (EEOC). The EEOC urges all employers to weigh the relevance of certain convictions against the job at hand. The recency of convictions is one metric that the EEOC says is important to consider as less recent convictions may be less relevant to the job.

About Michael Klazema The author

Michael Klazema is Chief Marketing Technologist at EY-VODW.com and has over two decades of experience in digital consulting, online product management, and technology innovation. He is the lead author and editor for Dallas-based backgroundchecks.com with a focus on human resource and employment screening developments.

A Nevada background check is when an employer, landlord, licensing agency, or other company screens your criminal and consumer history. Background checks may show

• past convictions and pending charges, as well as
• addresses,
• credit history, and
• employment records.

Many companies run background checks on job applicants. And they can be a major factor in hiring decisions.

Background checks are legal in Nevada. But there are restrictions:

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 make employers vulnerable to legal action if their blanket disqualification of people with criminal records ends up discriminating against black and brown applicants.

Some Nevada criminal records are sealable. This means they will not show up in future criminal background checks (with some exceptions).

Below our Las Vegas criminal defense attorneys will answer the following 8 key questions:

Also see our article about disclosing criminal history on Nevada job applications.

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

1. What is a background check in Nevada?

It is an investigation of your consumer and criminal history. If you apply for jobs, housing, or licenses, you may have to get background checks.

The people or companies requesting a background check may perform it themselves. Or they can rely on third-party reporting agencies. Examples include:

• Goodhire
• SentryLink
• ClearChecks

There are two types of background checks through FCRA:

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

2. What information shows up?

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)

Nevada law used to limit criminal background checks to the last seven years. But now, even convictions from the distant past show up on these checks.1

Background checks in Nevada do not include:

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

3. What sources do background checks pull from?

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

• Credit reports
• DMV
• 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
• Nevada Division of Juvenile Justice

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

• Past colleagues
• Former bosses
• Neighbors
• Friends or family

4. Are background checks legal in Nevada?

Yes, 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

4.1. Nevada’s “ban the box” law

“Ban the box” refers to the checkbox on employment applications that ask 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. And 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

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). 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;
• 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 record2

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

4.2. The Fair Credit Reporting Act (FCRA)

FCRA is a federal law. It 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 if your criminal record is the reason you were not hired

Remember, employers who run in-house background checks are not bound by FCRA.3

4.3. Anti-discrimination laws

Both federal and Nevada state laws prohibit employers from discriminating on the basis of race and color.4 Due to unfair police practices and economic policies, African Americans and Latinos have higher arrest and conviction rates.5

Therefore, employers who automatically pass over people with criminal records may be indirectly discriminating on the basis of 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.

5. Do sealed records show up on background checks?

In most cases, no. But the following agencies may view criminal records:

• The Nevada Gaming Control Board
• The Nevada Gaming Commission
• The Division of Insurance of the Department of Business and Industry6

You are advised to get your records sealed if possible. In Nevada, dismissed cases are sealable right away. And most misdemeanors are sealable after one year.7

However, the sealing process takes several months. Learn how to seal criminal records in Nevada.

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

6. Do pardoned convictions show up on background checks?

Yes. In Nevada, a governor’s pardon is an official forgiveness of a crime.8 But 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.

7. What if my criminal record is inaccurate?

First, consult with an attorney. In most cases, people 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.

8. What if I was discriminated against because of my 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. You may be eligible for money damages.

Call our Las Vegas criminal defense attorneys. We offer consultations.

For additional help…

Have you been arrested? Or do you need a record seal? Our Las Vegas criminal defense attorneys can help.

Call us 24/7 or fill out the form on this page. We offer free consultations.

Also see our articles about firearm background checks in Nevada and Las Vegas arrest records.

In California? Learn about California background investigations.

In Colorado? Learn about Colorado background investigations.

Legal References

Is Nevada a 7 year state?

What shows up on a background check in Nevada?

How far back do most criminal background checks go?

How long do background checks take in Nevada for employment?