Nevada Background Checks
In the state of Nevada, background screening providers are only allowed to report records going back seven years under the guidelines of the FCRA. Because of this limitation, it is very important that your criminal background checks are handled by a knowledgeable, reliable provider such as Intelifi. Nevada offers both a statewide search, as well as county criminal reports, all of which can be accessed directly by Intelifi to ensure the most current, up to date criminal background on a job candidate. When exact dates of sentences are so important, accuracy is extremely important. Intelifi can offer you this reliability by combining our National Criminal Report along with direct access to the county or counties that your job candidate has resided in.Criminal background checks in the state of Nevada will show you Felony and Misdemeanor convictions over the course of the past seven years. This includes severe crimes such as Concealed Weapon Possession, and less serious offenses such as Marijuana Possession.Contact Intelifi today to begin pre-employment screening in the state of Nevada.
- Restriction : Use of credit report
Effective October 1, 2013, an employer cannot refuse to hire, promote or take adverse action against the employee who refuses to permit a credit report that is not permitted. An employer can only request a credit report under the following conditions: 1) Obtaining a credit report is required by federal or state law. 2) Credit information is reasonably related to the position being filled. A list is provided, but it is not exclusive and an employer can justify use of credit reports for other positions. See Exceptions of Note for this list.
This new law is Nevada SB 127 NRS Title 53 Chapter 613, sections are not yet assigned. Individuals may sue for violation of the statute within three (3) years. Attorney fees may be awarded to the prevailing party, not just to the consumer. Thus a consumer individually or as a class could be obligated to pay the fees of an employer who prevails on such a claim. The Labor Commission can also enforce this law and can seek injunctive relief and fines up to $9,000 per violation.
Exceptions of Note:
As mentioned, exceptions purposes are when credit information is reasonably related to the position being filled. The following are “deemed to be reasonably related” - keep in mind this list is not exclusive, an employer can justify the use of credit reports for other positions. A)The job entails the care, custody and handling of money, financial accounts, corporate credit or debit cards or other assets of the employer. B) Access to trade secrets of the employer. C) Position with managerial or supervisory responsibilities. D) Care, custody and handling or responsibility for personal information of another person. E) Access to personal financial information of another. In addition, certain employers have a right to request a credit report. 1) Federal or state charter financial institutions. 2) State or local law enforcement but only for employees with direct exercise of law enforcement authority. 3) Licensed gaming establishments.
- Restriction : Use of sexual offender data
Employers are prohibited from the use of information obtained from the community notification sexual offender website (the state web page run by the NV Dept. of Safety) for any purpose related to employment.
The sex offender restriction is governed by NRS 179B.270 - Restrictions on use of information. Any person who uses information obtained from the community notification website in violation of the provisions of NRS 179B.250 or 179B.270 is liable for civil actions. Also restricted (unless as otherwise authorized pursuant to specific statute) are these uses: insurance, loans, credit, education, housing, and benefits or privileges provided by a business establishment.
Useful State Web Page:
- Restriction : Use of Social Media Password Information
Effective October 1, 2013, employers may not directly or indirectly require an applicant or employee to disclose their user name, password or other information that provides access to their social media. A “social media account” is defined as any electronic service or 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.
The legislation is Nevada SB 127 (2013). The law is NRS 613.135.
Exceptions of Note:
The law does not prohibit an employer from viewing and using publicly available social media information.