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    “Background Checks” in Las Vegas, Nevada – How It Works

    Background checks in Nevada -- Who can access them and what can they see?

    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,
    • 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 with certain limitations:

    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.

    Criminal records which have been sealed will not show up in future criminal background checks (with some exceptions). The following bubble graph shows some of the information background checks can show:

    Bubble graph of background check information

    Below our Las Vegas criminal defense attorneys will answer the following 11 key questions:

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

    "background check" written in marker on glass by hand

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

    1. What is a background check in Nevada?

    A background check 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. Otherwise, they can rely on third-party reporting agencies like:

    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. Now, even convictions from the distant past show up on these checks.1 However, reporting agencies are required to purge – and not report on – the following records:

    • Bankruptcies that occurred more than 10 years ago,
    • Civil judgments entered more than seven years, and
    • Criminal proceedings other than convictions that occurred more than seven years ago.

    Background checks in Nevada never include:

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

    3. What sources do background checks pull from?

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

    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

    Nevada’s “Ban the Box” Law

    “Ban the box” refers to the checkbox on employment applications that asks 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:

    Job applications must say that criminal records are not necessarily disqualifying. 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

    When Your Criminal Record Comes In

    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). However, 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; and
    • 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 record 2

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

    Sex Offender Rules

    When employers consider your criminal history, they must go by the information in the background check. They may not refer to any information on the Sex Offender Registry and Community Notification page on the Nevada Department of Public Safety Records, Communications and Compliance Division website.3

    Credit Checks Rules

    If an employer wants to condition your employment based on your credit report, you have to first give consent. Even then, employers usually cannot disqualify you due to your credit report. Three exceptions are if the employer:

    1. is required by law to consider your credit report, such as in the banking industry;
    2. reasonably believes you are doing something illegal; or
    3. believes your credit report is directly related to the job you are applying for.4

    The Fair Credit Reporting Act (FCRA)

    FCRA is a federal law that 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 with a “pre-adverse action letter” if your criminal record is the reason they do not want to hire you, and then allow you time to dispute it before making an official decision not to hire you.

    For jobs with a salary of less than $75,000, employers cannot see the following information if it is more than seven years old:

    • Arrests and indictments that did not lead to a conviction
    • Paid tax liens
    • Civil lawsuits and judgments
    • Debt collections
    • Chapter 13 bankruptcies (there is a 10-year limitation for Chapter 7 bankruptcies)

    Remember, employers who run in-house background checks are not bound by FCRA.5

    Note there is a related federal law called the Fair Chance to Compete for Jobs Act (FCA) that forbids companies seeking federal contracts from asking about criminal history until there is a conditional employment offer. The FCA also forbids federal agencies from contracting with companies that run a background check prior to making a conditional employment offer.

    Anti-discrimination Laws

    Both federal and Nevada state laws prohibit employers from discriminating based on race and color. Due to unfair police practices and economic policies, African Americans and Latinos have higher arrest and conviction rates.6

    Therefore, employers who automatically pass over people with criminal records may be indirectly discriminating based on 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. The following agencies may view criminal records:

    You are advised to get your records sealed if possible. In Nevada, dismissed cases are sealable right away. Otherwise, there is a waiting period.8

    Nevada conviction to be sealed Record sealing waiting period
    Most misdemeanors 1 year after the case closes
    Gross misdemeanors, category E felonies, and misdemeanor battery, harassment, stalking, or violation of a protection order 2 years after the case closes
    Most category D felonies, category C felonies, or category B felonies 5 years after the case closes
    Misdemeanor DUI and battery domestic violence 7 years after the case closes
    Category A felonies, burglary of a residence, and felony crimes of violence 10 years after the case closes
    Sex crimes, crimes against children, invasion of the home with a deadly weapon pursuant to NRS 205.067, and felony DUI. Never

    The sealing process takes several months and requires filing a petition with the court and a possible hearing. 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.9 However, 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, you 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:

    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.

    9. Can employers see my social media?

    In Nevada, employers may not ask you to give them your social media usernames or passwords unless state or federal law requires it. However, employers can see and judge you on whatever information you make public.10

    10. Can employers ask about my salary history?

    In Nevada, employers may not ask you about your salary history. If you volunteer this information, the employer cannot consider it when deciding whether to hire you or how much to pay you.11

    11. How do I get a copy of my criminal history?

    To obtain a copy of your Nevada criminal history, follow these four steps:

    1. Complete the DPS-006 Form from the Nevada Department of Public Safety website.
    2. Get fingerprinted using FD-258 cards. Find fingerprinting locations in Nevada here.
    3. Buy a $27 certified check or money order made out to the Nevada Dept. of Public Safety.
    4. Staple the above items and mail them to:

    Department of Public Safety
    Records, Communications and Compliance Division
    333 West Nye Lane, Suite 100
    Carson City, Nevada 89706

    You should hear back within one or two months. If you do not have a criminal history in Nevada, you will be mailed proof that no record exists.

    Additional Resources

    For ways to search your own records, refer to these helpful sites:

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

    Legal References

    1. Nevada Senate Bill 409 (2015). See also NRS 239 (“Nevada Open Records Act”). See, for example, Anderson v. Mandalay Corp. (2015) 131 Nev. 825; Burnett v. C.B.A. Sec. Serv. (1991 ) 107 Nev. 787.
    2. NRS 284.281; NRS 284.283; Nevada Assembly Bill 384 (2017).
    3. NRS 179B.270.
    4. NRS 613.570. NRS 613.580.
    5. 15 U.S.C. § 1681.
    6. NRS 613.330; Title VII of the Civil Rights Act of 1964. Criminal Justice Fact Sheet – NAACP.
    7. NRS 179.301.
    8. NRS 179.245; NRS 179.255.
    9. NRS 213.090.
    10. AB 101 (2013).
    11. SB 293 (2021).

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