Last Updated: August 2017

Nevada

Employers that are either located in Nevada or hiring Nevada residents must abide by the Federal FCRA, and they should consider the following state laws. For more information on Nevada state laws, please visit the state legislature.




Background check laws in NV:

Nevada Senate Bill 409 - Removal of certain prohibitions on informaton contained in consumer reports.

Bankruptcies - Consumer reporting agencies may disclose to gaming licensees information about bankruptcies older than 10 years

  • Gaming licensees may obtain this information on people seeking employment with the licensee or employment in a position connected directly with the licensee’s operations.

Criminal records - Consumer reporting agencies may disclose criminal convictions older than 7 years.

However, a plaintiff could arguably claim the FCRA preempts this provision because it contains no gaming exception to the prohibitions on disclosing bankruptcies older than 10 years.

In other words:

Based on this provision, a consumer reporting agency may report records of criminal convictions older than 7 years.

NRS 613.570 Unlawful acts of employer relating to consumer credit report or other credit information of employee or prospective employee.

Except as otherwise provided in NRS 613.580, it is unlawful for any employer in this State to:

In other words:

Employers in Nevada cannot take adverse action against an applicant – that’s to say, a decision that is unfavorable to the applicant – who does not consent to a credit report as a condition of employment. However, an employer can request and consider an applicant’s credit report if: the employer is required or authorized by state or federal law; (2) the employer has a good faith belief that the applicant has engaged in illegal activity; or (3) the employer believes that the credit report is significantly related to the position in question (e.g., certain positions in banking, law enforcement, or gaming)

NRS 613.580 Exceptions.

An employer may request or consider a consumer credit report or other credit information for the purpose of evaluating an employee or prospective employee for employment, promotion, reassignment or retention as an employee if:

 

 


 How to Dispute Your Records: 

Criminal Records:

If you find that your criminal records are incorrect or incomplete and you would like to take action, you should contact the specific jurisdiction in which the records were originally filed.

Feel free to take a look at some of these resources for more information:
List of Applicable Nevada State statutes
Form for obtaining a copy of criminal record- DPS 006
Information about sealing records
Request a copy of criminal record to challenge the record

Civil Records:

All of the following are included in civil records: judgments, liens, evictions, family and small claims cases. If you would like to dispute a record, contact the court in which the record was filed.

List of all Nevada District Courts and their contact information



Contact State Law Officials

State of Nevada Department of Public Safety
555 Wright Way
Carson City, NV 89711
Phone: (775) 684-4808
website

Nevada State Administrative Office of the Courts
Nevada Supreme Court Office of the Clerk
201 South Carson Street, Suite 250
Carson City, Nevada 89701
website

 

 

National Laws and Resources

In order to set a standard around hiring policies, the federal government has created the Fair Credit Reporting Act or FCRA to monitor and protect both employers and job seekers. With this law, individuals are protected from unfair workplace discrimination and data breaches of their private, sensitive information. Interested in learning more? Check out GoodHire’s 10-step process for legally obtaining background reports. Be sure to read the official FCRA full text or summary legal document for more details.

Find any court in the USA: Court Locator Tool http://www.uscourts.gov/court_locator/CourtLocatorSearch.aspx

Disclaimer
GoodHire tries to update and correct the information provided for this state regularly, but we cannot make the guarantee that everything is fully up-to-date. Laws and regulations change often. This information is not meant to be used as legal advice, solicitation, or advertising. We always recommend speaking to a lawyer before taking any legal action. Please contact us if you find something that is incorrect or out-of-date on our site.