If you have been convicted of a crime in Nevada, chances are, your prospects for obtaining employment may be hampered if the potential employer makes use of background checks prior to hiring. It is common practice for employers to use background checks in their pre-employment screenings. In fact, a recent survey found that 92 percent of employers do check background in their hiring process.
What Laws Govern the Obtaining and Use of Background Check?
The federal Fair Credit Reporting Act (FCRA) sets minimum requirements on a nationwide basis for various types of background reports and the information allowed to be included. Many states have additional requirements and allowances in addition to the FCRA. Nevada is largely in line with FCRA requirements, but has some additions as discussed below.
Types of Reports
The FCRA provides for two types of reports: consumer reports, and investigative consumer reports. Consumer reports includes information such as credit history, general financial and personal information about an individual, such as addresses of record, employment history, credit payment history, and overall indebtedness. Consumer Reports are largely obtained from public record information, and reports of creditors to various credit reporting agencies.
The Investigative Consumer Report contains additional information regarding an individual’s character, general reputation, personal practices, mode of living among other personal traits and practices. These reports are obtained from public records, but may also include results of personal contact with neighbors, friends, work associates and other acquaintances.
In order to obtain a Consumer Report, employers must disclose to prospective employees that a consumer report may be requested, and the prospective employee must acknowledge the disclosure by a signature. This disclosure and acknowledgment must be a separate document which contains nothing else but the disclaimer and signature.
Additional disclosure requirements for an Investigative Consumer Report require the prospective employer to notify the prospective employee, in writing, that the employer will be obtaining in-depth information. The report must be mailed or delivered to the person no later than three days after the report is requested. Additionally, the disclosure must advise the person that they have a right to obtain additional disclosures and a written summary of legal rights.
Consumer Reports may not include medical information without the written consent of the person, and may not include arrest information prior to seven years of the date of the report, unless the job will pay more than $75,000 annually. Convictions of felonies, and misdemeanors that occurred prior to the seven-year limit may appear.
Nevada Laws Governing Consumer Reporting
Until 2015, Nevada law did not allow reporting of criminal convictions prior to seven years of the report date. Nevada Senate Bill 409 removed these prohibitions bringing Nevada more in line with the FCRA. Convictions of any felonies and misdemeanors may now appear in Consumer Reports.
Nevada law prohibits employers from requiring a Consumer Report, or taking adverse action against a potential employee based on a Consumer Report, unless, the employer is required to do so by state or federal law, or the employer believes the prospective applicant has engaged in illegal activity, or the employer believes that the report is significantly related to the position.
The state considers a Consumer Report to be related to the position if the duties of the position include:
- Care, custody and handling of, or responsibility for, money, financial records, corporate credit or debit cards or other assets
- Access to trade secrets and other proprietary or confidential information
- Managerial or supervisory responsibility
- The direct exercise of law enforcement authority as an employee of a state or local law enforcement agency
- The care, custody and handling of, or responsibility for, the personal information of another person
- Access to the personal financial information of another person
- Employment with a financial institution
- Employment with a licensed gaming establishment
The Defenders Can Help
Even with Nevada’s additional restrictions on consumer reporting, the information in a Consumer Report can be damaging. Convictions of crimes in Nevada can be made available to potential employers, and the state no longer imposes a limit on how old the conviction may be. The best course, if charged with a violation of the criminal code, is to hire an attorney who can vigorously defend you against the charges.
The lawyers of the Defenders can provide that kind of defense and stand ready to assist you. Call us today at (702) 333-3333.